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Home My WebLink AboutPW St. Resurfacing 2012-13 ProjectCITY OF Agenda Item No: 3 i Meeting Date: August 5, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: !� City Manager Approval: Director of Public Works (JS) File No.: 16.06.76 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2012 — 2013 PROJECT, CITY PROJECT NO. 11185, TO GHILOTTI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,067,515.50 RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Construction Company, Inc. in the amount of $1,067,515.50. BACKGROUND: Resurfacing of City streets is a vital and important program that improves a portion of the City's 175 miles of roadways. Previous experience has shown that resurfacing local streets presents many advantages to the community, residents and the City which significantly reduces maintenance costs, increases property values and provides residents with a better look and feel of their community. Street Resurfacing 2012/13 was identified in the City's Five Year Capital Improvement program. The Department of Public Works initially utilizes the Pavement Condition Index (PCI) to identify potential candidate streets that need resurfacing. Further field investigation by the Department of Public Works Engineering division examines and analyzes the roads that most need resurfacing treatments. The available funding dictates the total number of roads within the City to received resurfacing treatment. The proposed project includes surface treatments involving slurry seal, micro seal or pavement overlay, which are based on the Engineering Division analysis of the most likely candidate roads initially identified from the PCI listing. This year Staff recommends resurfacing the 23 local streets. Per the Americans with Disability Act, resurfacing of these 23 roadway segments requires the installation of 12 curb ramps. The construction of seven curb ramps has already been performed. The remaining five curb ramps will be constructed prior to resurfacing and will be funded through the Community Development Block Grant 13/14 on a separate contract. On June 17, 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 FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SIANRIAFAEL CITY COUNCIL AGENDA REPORT / Paze: 2 June 21, 2013, and sealed bids were publicly opened and read aloud on July 16, 2013 at 10:00 AM. The engineers estimate was $1,200,000. The following bids were received: NAME OF BIDDER AMOUNT Ghilotti Construction Company, Inc. $1,067,515.50 Ghilotti Brothers, Inc $11008,353.00 Argonaut Constructors. $1,122,067.50 ANALYSIS: The low bid from Ghilotti Construction Company of $1,067,515.50 falls within the allocated project budget. FISCAL IMPACT: To date, a total of $1,497.02 has been charged to this project for plan and specification reproduction. The remaining project expenses include the construction to be performed by Ghilotti Construction Company, Inc. and a recommended contingency of approximately 12% for construction resulting in it total construction cost of $132,484.50 and a total project cost of $1,200,000. The following table summarizes the costs which are associated with this project: REVENUE. C P '1C roject Funding sources" M�640ol'i Amount Construction Vehicle Impact Fee $59,327.00 Gas Tax $11, 814.00 Measure A $488,738.00 Proposition 42 $640,121.00 Total Funding Available $19200,000.00 EXPENSES, Catea►�ry-Eden E�s Code: 'Amou Notes pen, e ot Already Charged Expenses Subtotal $1497.02 Print Plans and Specifications Remaining Expenses Construction -02 $1,067,515.50 Base Bid Contract Amount $130,987.48 Contingency (Approx. 12%) Total Project Cost $192009000.00 This particular project was designed by our Engineering staff at a cost of approximately $32,000. Additional construction inspection by Public Works Staff is required to review and manage the construction work which is estimated to cost $34,000. The estimated staff cost total of $66,000 is riot shown in the tables above. PTI NS. The Council may choose not to award the contract and direct staff to rebid the project 0 ACTION REQUIRED* Adopt resolution awarding contract to Ghilotti Construction Company, Inc. in the amount W S 1,1067,515.50. Enclosures- Resolution, Agreement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2012 -2013, CITY PROJECT NO. 11185, TO GHILOTTI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $19067,515.50, WHEREAS, on the 1Ern day of July, 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: "Street Resurfacing 2012-2013" City Project No. 11185 In accordance with the plans and specifications therefore on file in the office of said City Clerk; WHEREAS, I the bid of Ghilotti Construction Company, 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 Citv of San Rafael.., that the bid of Ghilotti Construction Company, Inc. 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. the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Construction Co pane, Inc. in a form approved by the City Attomev. fir said work and to return the bidder's bond upon the execution of said contract, RESOLVED, F )II T RTHER., that the Public Works Director is hereby authorized to take an,\,- 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 Stndayof August, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly & Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT, COUNCILMEMBERS: McCullough & Mayor Phillips ESTHER C, BEIRNE, City Clerk File No.: 16.06.76 9 AArJRfiM3UE03ZX49n=o1 Form of Contract Agreement for Street Resurfacint! 2012-20113, Citv Proiect No. 11185 This Agreement is made and entered into this 5th day of August 2013 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Company, 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 described in the specifications for the project entitled: Street Resurfacing 2012-2013, City Project No. 11 185, 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 and excess of any other insurance available to the City. It- 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 I 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 5I,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. ESTIMATED TOTAL ITEM DESCRIPTION UNIT UNIT PRICE Qt- ANTITY PRICE I Mobilization (Not to Exceed 3% of Bid) 1) Traffic Control Full Width Grindincr* 4. Cold Planin(,y a. 6' Hale Grind _11.000.00 I L, S S-31.000.00 S3 I LS S139,000.00 S 139,0 0.00 2 "It- I - 0.000 SF SO -310 S'17�).000.00 4y5 00 Lb F 1.0o.005"7,005i S ITEM DESCRIPTION ESTIMATED QUANTITY [.{NIT UNIT PRICE TOTAL PRICE b. 15' Conform Grind 400 LF t $9.00 = $3,600.00 5. Deep Lift Patching 5,900 SF 'gip? $7.00 = $41,300.00 6. Kot mix Asphalt 4 100 TCN -� $109.00 = $512 ,300.00 7. Slurry Seal** 561700 SY i�,), $1.44 .-- $81,648.00 8. Micro Surfacing* * 3 8,000 SY Cal $1.51 - $511380.00 9. Adjust Existing Facility to Grade a. Adjust Manhole Casting to Grade 50 EA $672,50 = $33,625.00 b. Adjust Water Valve Cover to Grade 100 EA a $85.00 = $8,500.00 c. Adjust Gas Valve Cover to Grade 5 EA �.c $295.00 = $11475,00 d. Adjust Monument to Grade 3 0 EA rd$3 3 5 ,00 = $10?050.00 e, Adjust Rodhole to Grade 10 EAiii; $295.00 = $21950.00 f. Adjust Utility Box / Vault To Grade 2 EA (d $535.00 = $1,070.00 10 Install Traffic Striping a. Install Detail 9 Striping 400 LF (i% $0.40 = $160.00 b. Instar Detail 22 Striping 1,100 LF C $0.80 = $880.00 c. Install Detail 25A Striping 91500 LF : % $0.50 = $41,750.00 d. Install Detail 27B Striping 9,000 LF c $0.35 = $3,150.00 e. Install Detail 27C Striping 150 LF ld $0.35 = $52.50 f. Install Detail 38 Striping 1.000 LF $0.10 = $100,00 . Install Detail 39A Striping 1,200 LF $0.50 = $600.00 h. Install Detail 39 Striping 31300 LF Cql $0.50 ` = $1,650,00 11. Install Pavement Markings 6,700 SF $3.25 = $21,775.00 12. Traffic Signal I__,00s E a. Tx pe A 4 LA S100.00 t -- j 2,000.00 b. T p D 2 EA 1 5700.00 _m $1.400.00 ' "This bid item shall be a final pay item GRAND TOTAL BILA S 1.06"',�1�.50 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: zL; Robert F. Epstein City Attorney CITY OF SAN RAFAEL: Nader -Allansourian Public Works Director GHILOTTI CONSTRUCTION COMPANY, INC.: r naam, li(%A Pro. sident fo r Danartmentof O -V Public Works MAYOR Grary 0. Phillips VICE MAYOR Barbara Heller COUNCIL MEMBERS Damon Connolly Kate Colin Andrew Cuyugan McCullough WORKERS'COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City, carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $500,000.00 per person and $1,000,000.00 for one occurrence. Property Damage: Not less than $500,000-00 for one occurrence. The required insurance may be provided by a separate policy insuring the City, its elective and appointive Boards, Commissions,, Officers, Agents and Employees or, if the Contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND MARIN COUNTY, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, Street Resurfacing 2012-2013; City Project No. 11185 between the City of San Rafael and Ghflotti Construction Co., Inc., for the work and the improvements described therein." The Contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance Must be furnished to the City prior to commencement of work together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SA,\, RAFAEf.- DEPARTMENT OF PUBLIC WORKS 11 I MORPHEW STREET SAN," RAFAEL. CA 94915-1560 STREET RES URFACING 1201-2-2013' ,owes L1 De CV 7 T t a Premium is for Contract Term and is Subject to Adjustment based on Final Contract Price. Executed in Duplicate PERFOR_NVIANCE BOND Bond 070016416 Premium $5,254-00 KNOW ALL BY TRESE PRESENITS That we, Ghilotti Construction Company, Inc. (hereinafter called the Principal), as Principal, and Liberty Mutual Insurance Company a corporation duly organized Linder the laws of the State of Massachusetts (hereinafter called the Surety), as Surety, are held and firmly bound into City of San Rafael (hereinafter called the Obli(;ee), in the sum of One Million Sixty-seven Thousand Five Hundred Fifteen Dollars And Fifty Cents ($1,067,515.50 Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sio.ned and sealed this 9th day of August .2013 WHEREAS, said Principal has entered into a written Contract with said Obligee. dated August 5, 2013 for Street Resurfacing 2012-2013, Project o.11185 in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if frilly set forth herein: REFORE, ITIE CON NIOW, TI -1 E IDITIONOF THIS OBLIGATION IS SUCH. That if the above bounden Principal shall well and truly J keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and dcimage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be mill and void, otherwise shall remain in full force and effect. NO St-, 1-14'. ACTION OR PROCEEDING by the ObliE= to recover on this bond shall be sustained unless the saine be (,ommenced within two (',_)) years following the date ODwhich Principal ceased work on said Contract. ACKNOWLEDGMENT State of California County of.., Placer On August 9, 2013 before me, Jana B. Pilgard, Notary Public (insert name and title of the officer) Kathy Rangel personally appeared I 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. ARD 77 at FORNIA 0 PLACER COUNTY Com tn. Exp. MARCH 8,2017 Signature h z(Seal) S Premium is for Contract Term T and is Subject to Adjustment Ll L be :ir .1, ice, based on F*nal Contract Pr * J_ 1 'L4' k4'j�L Executed in Duplicate SURE T Bond 070016416 CONTRACT BOND - CALIFORNIA Premium Included PAYMENT BOND KNOW ALL BY T14ESE PRESENTS, That we, Ghilotti Construction Company, Inc. 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 as Obligee, in the sum of One Million Sixty-seven Thousand Five Hundred Fifteen Dollars And Fifty Cents Dollars ( $1,067,515.50 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. TRE CON-DITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract. dated 5th day of August 2013 with the Obligee to do and perform the following work, to -wit: Street Resurfacing 2012-2013, Project No. 11185 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 thein or their assigns in any suit brought upon this bond. Signed, seated and dated this 9th EMEME Me Ghilotti Construction Company, Inc. Principal Nrc_ r)ren iium is charoed for this bond. It is eXCOLIted in conneCtion witli a bond foi- the performanC-e of the contr(ac"t. I State of California County of .... Placer On August 9, 2013 before me, Jana B. Pilgard, Notary Public (insert name and title of the officer) personally appeared Kathy Rangel 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 instruments 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 sear JANA B, PILGARD COMMs # 2007077 PLACER -.OUNTY :rN RY PUBLIC *CALIFORNIAOTA 0 -. Signature = (Seal) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. T 4,iis 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. 6085583 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company a 0 0 0 '1 0 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 WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Dona Lisa Buschmann; J. Buschmann; Jana B. Pilgard; Kathy Rangel; Robert D. Laux; Susan Fournier fl 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 72013 American Fire and Casualty Company The Ohio Casualty Insurance Company 0 Liberty Mutual Insurance Company cu CL West American Insurance Company ._ 5: By: 45 .6 r. STATE OF WASHINGTON ss Gregory Davenport, Assistant Secretary M COUNTY OF KING .40) &W On this 18th day of April 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American 0 u 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, >,U) 4� 0— execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. LLI E > 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. 0 CL Q rA _t�t 4— 0 tv 0 B y: KD Riley, Not Public 0 0 0 0. This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and 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* cD 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 0 r 4) to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, � 4) 0 C 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 - 4) 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 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 i > 40—�- 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. Q Q ca T ARTICLE Xill - 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, E 00 > 4 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf ofthe Company to make, execute, LM 0 Z seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject the limitations set forth in their 4 C - co I 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 0 CD executed such instruments shall be as binding as if signed by the president and attested by the secretary. cta -0 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 co attorneys -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, regnizances and other surety obligations. Authorization - By unanimous consent of the Company's Beard of Directors. the Company consents that facsfirn'le or rnechan4cally reproduced signature of any assistant secretary of the e 11 C; ending UOUI the , aQpear Wrney ss b ny I Conne u I I 0moany. wherever ing upon a cenified copy of anq power of a+L' ed I v 'he Compa ction wif surety bonds-. shall De va"d an b'nd+ e Companywil.rl t the same force and effect asthough manually affixed- -le `asually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West �,ar r , I k 1, Davad M. f-" ey, the unce,signed, Assistant Secretary, of Arrie:-can F - and kC t U 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 of Attorney executed bysaidCompanies, is in full force and effect, and has no. been revoked, -;�- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed 'the seals of said Companies this .9 th day of Auust 20 13 , C� T ' Y f f - - - - - - - - -- - - By:fI David M. Carey,* Assistant Secretary SMS 12873092012 156 of 200 DATE (MMIDDIYYYY) ` R" CERTIFICATE OF LIABILITY INSURANCE 8/912013 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 1NSUP.ANC'E DOE'S NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:Ilicertificate holder is an ADDITIONAL INSURED, WAIVED . If the the otic les must be endorsed. I p y{' } f SUBROGATION 1S ,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)11 111 11 11 1 lill rill 1. R 11 1 Ill NAA PRODUCER NAME: . Valerie Porll ro WnM Woodruff -Sawyer & Co. IAICONN . EXt):415-391-2141 FAX No):415-989-9923 50 California Street, Floor 12 E-MAIL San Francisco CA 94111 ADDRESS:vporter-browneIAW wsandco.com INSURER(S) AFFORDING COVERAGE MAIC # INSURER :Old Republic General Insurance Corp 4139 -INSURED G H I LCO N-01 INSURER B: Ghilotti Construction Company, Inc. INSURER C: 248 Ghilotti Avenue INSURER D: Santa Rosa CA 95407 INSURER E: INSURER F„ COVERAGES CERTIFICATE NUMBER: 1704472319 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 ADDLISUBR POLICY EFF POLICY EXP LTR TYPE „OF INSURANCE„ p POLICY NUMBER . ) ... .. . INSR WV P iMMIDDIYYYY (MMIDD/YYYYI LIMITS A GENERAL LIABILITY Y AlCG37541309 3131/2013 3/3112014 I EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED X $1 QO,000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS -MADE 1 1 OCCUR MED EXP (Any one person) ' $5,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER-. PRODUCTS - COMP/OP AGG $2,000,000 POLICY [i_J LOC E T „., .,..,. aadenSINGLE LIMI I �... A AUTOMOBILE LIABILITY AlCA37541309 3/31/2013 3/31/2014 cci $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ X HIRED AUTOS` AUTOS (Per accident) $ UMBRELLA LIA B OCCUR... . .. .... .... ... .. .. EACH OCCURRENCE .. � $ ..... ... EXCESS LIAR CLAIMS -MADE AGGREGATE 1$ DED RETENTION $ OTH- $ WC STATU- A WORKERS COMPENSATION AlCW94681310 4/212013 4/2/2014 X � TORY LIMITS � � ER AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECU I IVE YIN NIA E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under 000,00 OF OPER T DESCRIPION OPERATIONS below .... .. . , ,. ., .. ,. .... ..... .. .,.... ... ..... ....W .. ..., .,. E.L. DISEASE POL.. .. .„ .. . ,. . ICY L1MI T $ , CERTIFICATED ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GCC job #5524, Project No. 11185; Street Resurfacing 2012-2013. It is herby understood and agreed that the City of San Rafael & Marin County, its officers, agents and employees are additional insureds hereunder but only as respects liability arising out of the land &/or property &/or work described in the Public Works contract for the project entitled, Street Resurfacing 2012-2013; City Project No. 11185 between the City of San Rafael & Ghilotti Construction Co., Inc. for the work and the improvements described therein. Endorsements CG 2037 07 04, CG 2010 07 04 attached. Coverage is Primary & Non -Contributory per form CG EN GN 0029 09 06 attached. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Sari Rafael, Department Of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE.... 5 X 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 2 (2010105) The ACORD name and logo are registered darks of ACORD NAMED INSURED- Ghilotti Construction Company, Inc. POLICY NUMBER: AICG3754t309 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 IIIIIIq Fill 1111111 1111111 111 Mill ''' I ISM ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Name Of Additional Insured Person(s) Or Organization (s): Location(s) Of Cove red''111011plerlatillo'ns'', Where required by written contract Where required by written contract ..... .. ... .. . .. . ... ... ... '''' '''' .. .......... . ... .. .. .... .. . ... . ... .... Information required to complete this Schedule, if not shown aboveI 'will, 111ble, shown illn''1111the, Delcllllara,tilons. 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" I 91property damage" or '111personal 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 addonal insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these addonal 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 eq 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 20 10 07 04 @ ISO Properties, Inc,, 2004 Page 1 of 1 0 NAMED INSURED' Ghilotti Construction Company, Inc POLICY NUMBER: AtCG37541309 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 This endorsement moes 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 requircd 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 11 — Who Is An Insured is amended to in- at the location designated and described in the clude 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 inc I luded 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, SO Properties, Inc,, 2004 Page I of 1 UNIFORM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWIN COMMERCIAL GENERAL LIABILITY COVERAGE FORM I Aarne of Adonal insured Person(s) Or Organ ization(s): where required by written contract As 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 operaflon 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 PolioNumber' Policy Period Producer's Name: Producer Number- Ghilotti Construction Company, Inc. AICG37541309 Endorsement No. 03/31/2013 to Endorsement Effective Date: 03/31/2014 AUTHORIZED REPRESENTATIVE