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Home My WebLink AboutPW Francisco Blvd. E & W Street Repairs ProjectAgenda Item No: 3. i Meeting Date: April 20, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: _, t L City Manager Approval:•' ti cting Director of Public'Works rile ivo.: io.ui./-i i SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE FRANCISCO BLVD. EAST AND FRANCISCO BLVD. WEST STREET REPAIRS PROJECT, CITY PROJECT NO. 11246, TO MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $179,971.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Maggiora & Ghilotti, Inc., in the amount of $179,971.00. BACKGROUND: Over the past several years, that portion of Francisco Boulevard East between Medway Road and Vivian Street has been sinking due to subgrade settling. Consequently, an abrupt bump has formed over an existing concrete box culvert that runs perpendicular to the roadway. The box culvert is supported separately and is not settling at the same rate as the adjacent sections of roadway. A second bump has formed on Francisco Boulevard West near RAB Motors (540 Francisco Boulevard West). This bump requires similar repairs to prevent further settlement due to a storm drain manhole structure which is supported separately from the roadway. Although City personnel have performed numerous surface repairs at this location, the roadway continues to settle and more permanent repairs are required. Removing the bumps will be a complex project due to the high traffic volumes on both roadways and potential impacts to adjacent businesses associated with partial and complete road closures. In addition, significant coordination with local utility companies (Marin Municipal Water District and PG&E) is required for the utilities to relocate those facilities which conflict with the proposed roadway repairs. The project includes roadway repairs, minor drainage improvements, and replacement of sidewalk, curb, gutter, and striping. A similar project was completed in 2013 to remove a bump on Andersen Drive south of DuBois Street. FOR CITY CLERK ONLY File No.: Lj—�_b63 Council Meeting: 1S Disposition: l3of10 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The project was advertised in accordance with San Rafael's Municipal Code on February 27, 2015, and sealed bids were publicly opened and read aloud on March 24, 2015, at 10:00 AM. The engineer's estimate was $170,000.00. Contractors submitted the following four bids: NAME OF BIDDER AMOUNT Coastside Concrete $164,415.00 (Contractor withdrew their bid) Maggiora & Ghilotti, Inc. $179,971.00 (Lowest responsive bidder) West Bay Builders $194,905.00 Ghilotti Brothers, Inc. $197,653.50 Coastside Concrete has withdrawn their bid. We therefore recommend authorizing the Public Works Director to award the contract to the second lowest bidder, Maggiora & Ghilotti, Inc. PUBLIC OUTREACH: Utility relocations must occur prior to commencement of the roadway repairs. City staff is currently coordinating with both MMWD and PG&E to obtain their construction schedules. Once the schedules are finalized, City staff will inform nearby businesses and homeowner associations of upcoming construction activities. The City will also post notifications at the two project sites, distribute flyers in both English and Spanish, and will maintain a project -specific website that will be updated weekly to reflect changes in the project schedule. Public outreach efforts have not yet begun. The City is waiting for a definitive construction start date which will be available once the City and both utility companies have contractors on board. One goal of the project is to minimize impacts and disruption to the travelling public. Therefore, we are working very closely with the utilities to coordinate work efforts. There may be times when Francisco Boulevard East is completely closed while utilities and the City are working to complete the required repairs. During road closures, vehicles and pedestrians will detour through local residential roadways. When the detour is in place, on -street parking removal will be required to accommodate the increase in traffic and to allow large vehicles and buses room to negotiate turns. Once a construction schedule has been developed, staff will contact the businesses adjacent to the locations identified for temporary parking removals. ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The bid from Maggiora & Ghilotti, Inc., in the amount of $179,971.00, falls within the allocated project budget. FISCAL EVIPACT: To date, $17,467.35 has been charged to this project for document reproduction, utility locating and potholing, surveying, and geotechnical services. The remaining project expenditures include construction by Maggiora & Ghilotti, Inc., and a recommended contingency of approximately 20%, bringing the total project budget to $245,000.00. We recommend a 20% contingency due to the complexities associated with the location of the work, and because the precise locations of the underground utilities are not known at this time. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The following tables summarize the funding sources and expenses associated with this project: FUNDING SOURCES: Project Funding Sources Amount Notes Gas Tax Fund #206 $245,000.00 Total Available Funds $245,000.00 EXPENSES: Category Amount Notes Already charged $17,467.35 Document reproduction, utility locating, potholing, surveying, and geotechnical services Remaining Expenses Construction $179,971.00 Base bid contract amount Construction $10,000.00 Materials testing and sampling (anticipated) Construction $37,561.65 Contingency (approx. 20%) Total Project Cost $245,000.00 OPTIONS: 1. Adopt the resolution awarding the contract to Maggiora & Ghilotti, Inc., the lowest responsive and responsible bid, in the amount of $179,971.00. If this option is chosen, construction and public outreach will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until fall 2015. 3. Do not award the contract and direct staff to stop work on the project. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Maggiora & Ghilotti, Inc., in the amount of $179,971.00. Enclosures: Resolution Agreement RESOLUTION NO. 13910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE FRANCISCO BLVD. EAST AND FRANCISCO BLVD. WEST STREET REPAIRS PROJECT, CITY PROJECT NO. 11246, TO MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $179,971.00. WHEREAS, on the 24`h day of March, 2015, 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 performing the following work in said City, to wit: "Francisco Blvd. East and Francisco Blvd. West Street Repairs Project" City Project No. 11246 In accordance with the plans and specifications on file in the office of said City Clerk; and WHEREAS, the bid of Maggiora & Ghilotti, 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; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Maggiora & Ghilotti, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Maggiora & Ghilotti, Inc., at the unit prices mentioned in said bid. 2. The Acting Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Maggiora & Ghilotti, 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. 3. Funds totaling $245,000.00 are available from the Gas Tax Fund (#206) and will be appropriated for City Project No. 11246. 4. The Acting 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 City Council of said City held on Monday, the 201h day of April, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin & Vice -Mayor McCullough NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips ESTHER C. BEIRNE, City Clerk File No.: 16.01.277 City of San Rafael ♦ California Form of Contract Agreement for Francisco Blvd East and Francisco Blvd West Street Repairs City Proiect No. 11246 This Agreement is made and entered into this 29TN day of 14 Pki L- , 2015 by and between the City of San Rafael (hereinafter called City) and Maggiora & Ghilotti, 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 plans and specifications for the project entitled: Francisco Blvd East and Francisco Blvd West Street Repairs, City Project No. 11246, 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 required additional insured coverage for City under Contractor's liability insurance policy shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance for any contribution. II- 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 TWENTY (20) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. See Section 17-1 of the Special Provisions for more information on working days. 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 ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Mobilization 1 LS d $26,919.00 - $26,919.00 2. Signs and Traffic Control 1 LS @ $15,500.00 _ $15,500.00 3. Clearing and Grubbing 1 LS @ $28,792.00 - $28,792.00 4. Aggregate Base (Class 2) 125 TON @ $84.00 = $10,500.00 5. 6 -inch Minus Rock 320 TON @ $53.00 - $16,960.00 6. Minor Concrete Minor Structures a. Type A Curb and Gutter** 65 LF @ $57.00 - $3,705.00 b. Type E Vertical Curb** 60 LF @ $55.00 - $3,300.00 c. 6 -inch Thick PCC Driveway** 110 SF @ $30.00 $3,300.00 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE d. 6 -inch Thick PCC Sidewalk** 165 SF @ $24.00 = $3,960.00 e. Reconstruct Catch Basin Deck 1 LS @ $3,900.00 = $3,900.00 f. Reconstruct Manhole Deck 1 LS @ $8,600.00 = $8,600.00 g. Reconstruct Box Culvert Deck 1 LS @ $5,500.00 $5,500.00 h. Type E Catch Basin 1 EA @ $2,400.00 $2,400.00 7. Hot Mix Asphalt 190 TON @ $200.00 = $38,000.00 8. Storm Drain Pipe (15" SDR 26) 26 LF @ $225.00 _ $5,850.00 9. Trak Stripes a. Detail 250 LF @ $0.50 - $125.00 b. Detail 27B 500 LF @ $0.75 = $375.00 c. Detail 32 290 LF @ $3.00 = $870.00 d. Detail 37B 165 LF @ $2.00 = $330.00 e. Detail 38 105 LF @ $2.00 = $210.00 f. Pavement Markings 250 SF @ $3.50 = $875.00 **Final Pay Item GRAND TOTAL BID $ 179.971.00 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 City Attorney File No.: 16.01.277 CITY OF SAN RAFAEL: Kevin McGowan Acting Public Works Director Magg*Narme: c B_y:Printes+ Title: Maggiora & Ghilotti, Inc. Letter of Transmittal APR 2 8 2 Engineering Contractors PUBLIC WORKS CITY 555 DuBois Street - San Rafael, Ca. 94901 Date: 04-28-15 Job# 7528 (415) 459-8640 - Fax (415) 459-4884 Attn: RE: Francisco Blvd East & West Repairs To: City of San Rafael Attn: Leslie Blomquist 111 Mor hew Street San Rafael, Ca. 94915 We are sending you 0 Attached Under separate cover via ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Copy of Letter ❑ Change Order ❑ Other the following items: ❑ Specifications Copies Date No. Description 3 Agreements 2 Insurance Certs 2 Payment, Performance Bonds These are Transmitted as checked below: 0 For Approval ❑ Approved as Submitted ❑ For Your Use ❑ Approved as Noted ❑ As Requested ❑ Returned for Corrections ❑ Review and Comment ❑ Prints Returned After Loan to Us ❑ For Bids Due 120 ❑ Other ❑ Resubmit _ Copies for Approval ❑ Submit _ Copies for Distribution ❑ Return Corrected Prints Please return one fully executed copy of the agreement to my attention. Thank You. Sign d: Matthew Petray, Controller The Ohio Casualty Insurance Company KNOW ALL MEN BY THESE PRESENTS, That we Maggiora and Ghilotti, Inc. Performance Bond Bond No. 070015760 Premium: $972.00 , as Principal, (hereinafter called Principal) and The Ohio Casualty Insurance Company , with principal offices in Keene New Hampshire as Surety, (hereinafter called Surety) are held and firmly bound unto City of San Rafael as Obligee, (hereinafter called Obligee), in the amount of ---One Hundred Seventy -Nine Thousand, Nine Hundred Seventy -One and Zero Cents-- Dollars $ – 179,971.00-- for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WI IERE.AS, the Principal did on April 20, 2015 enter into a contract with said Obligee for Francisco Blvd East and Francisco Blvd West Street Repairs which contract is by reference made a part hereof and is hereinafter referred to as the contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to faithfully perform said contract, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perforin all the terms and conditions of said contract to be performed b., the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its home office, 136 North Third Street, Hamilton, Ohio 45025, of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) No suit at law or proceedings in equity to recover on this bond shall be instituted after one (1) year from the date of acceptance of the project. SIGNED, SEALED AND DATED: April 20, 2015 01— Un o��1nn� Maggiora and Ghilotti, Inc. Principal Gary MUM By: President By: S-138 (Perf) The Ohio Casualty Insurance Company (Attorney -in -Fact) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SONOMA On April 20, 2015 before me, MARY DAVERIN, Notary Public (insert name and title of the officer) personally appeared Jennifer Lelouarn, Attorney -In -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that iie/she/t#ey executed the same in 4+s/her/t4eif authorized capacity(ies), and that by #is/her/theif signatures) 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 MARY DAVERIN —A Commission # 2053517 Z Notary Public - California i Sonoma County > IK My Comm. Ex fires Jan 22, 2018 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS 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. 69oe969 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual 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 WestAmedcan 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, Jennifer Lelouarn; Paul Ramatici; Tom Griffith all of the city of PETALUMA state of CA each individually if there be more than one named, its true and lawful attomey-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 13th day of March 1 2015 Pp1D CASG 011 INSU 11NSUqpFNINSURoFporyrAAmerican Fire and Casualty Company .� oWoiWrp q� JP ��prgr Rq ,BJP oprokgrgti �c.P �Yn The Ohio Casualty Insurance Company nU o a 191z Q 1991 Liberty Mutual Insurance Company < 1906 0 0 1919 n s a; 0./� 4 D y ,a = West American Insurance Company �yb "Nq*A1FS�1,[1 J�1�H *OSJ��L �/),SSACNU5��2 � /N°IPNP Y 0) * * By. 2 ,st , 4 STATE OF PENNSYLVANIA ss David M. Carey, -Assistant Secretary COUNTY OF MONTGOMERY mtm On this 13th day of March 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and wa) Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `m > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ,N PAST COMMONWEALTH OF PENNSYLVANIA �Q�o �roNwF(r Notarial Seal N u s y FTere Pastella, Notary Public g d of Twp., MontgomeryCountyyO �. Teresa Pastella, Notary Public sion Expires March 28, 2017 N 0VsytVP y�6 Member, Pennsylvania Association of Notaries a'G14Ry P� C a 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 O L- Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Cn m (D ARTICLE IV— OFFICERS — Section 12. Power ofAttorpey. 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 act in behalf of the Corporation to make, execute, seal, O 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 p ` 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 ,o >% 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. v ARTICLE XIII — 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, r ` 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 of the Company to make, execute, Zv seal, 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 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 David M. Carey, Assistant Secretary to appoint such 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, 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. I, Gregory W. Davenport, 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 set my hand and affixed the seals of said Companies this 20th day of April 120 15 3°twoq.9S&"V�l, ,,Jy ar°x'°ro�g2 J~JP°�O�EoryrF R�hF < 1906 0 0 1919 n > 1912 0 ` 1991 °s By: 0 d��f.h+vSNo-*�1aD O.�y! D Wim/) �tSA[HU'��!_ NpInNP t Gregory W. Davenport, Assistant Secretary 60 of 100 LMS_12873_122013 O vU) d til LE `Oa Q M O� 3 �I OE LW 2,0 wCD Oc zd 'o >.a yCD v wco N ;F co 00 Oo v -r- F0 Bond No. 070015760 Premium: Included in Performance Bond The Ohio Casualty Insurance Company Payment Bond KNOW ALL MEN BY THESE PRESENTS, That we Maggiora and Ghilotti, Inc. , as Principal, (hereinafter called Principal) and The Ohio Casualty Insurance Company , with principal offices in Keene, New Hampshire, as Surety, (hereinafter called Surety) are held and firmly bound unto City of San Rafael as Obligee, (hereinafter called Obligee), in the amount of --One Hundred Seventy -Nine Thousand, Nine Hundred Seventy -One and Zero Cents-- Dollars $ —179,971.00 -- for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on April 20, 2015 enter into a contract with said Obligee for Francisco Blvd East and Francisco Blvd West Street Repairs which contract is by reference made a part hereof and is hereinafter referred to as the contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to pay all just claims for labor and material furnished in the completion of said contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terns and conditions of said contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its home office, 62 Maple Avenue, Keene, New Hampshire 03431, of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) No suit at law or proceedings in equity to recover on this bond shall be instituted after one (1) yeaJ the date ce ance I of the project. �/ SIGNED, SEALF;D AND DATI-D : April 20, 2015 Maggiora and Ghilotti, Inc. Principal By: President By: S-138(Pay) The Ohio Casualtv Insurance (Attorney -in -Fact) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SONOMA County of On April 20, 2015 before me, MARY DAVERIN, Notary Public (insert name and title of the officer) personally appeared Jennifer Lelouarn, Attorney -In -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that #e/she/ executed the same in #+s/her/##eif authorized capacity(+es), and that by #is/her/# 4eif 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. MARY DAVERIN Commission #E 2053517 aIs Notar Public - CaliforniaWITNESS my hand and official seal. Zy Sonoma County My Comm. Expires Jan 22, 2018 Signature THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS 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. 6906995 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican 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, Jennifer Lelouarn; Paul Ramatici; Tom Griffith all of the city of PETALUMA state of CA each individually if there be more than one named, its true and lawful attomey-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 13th day of March - 2015 Pp10 CAS& P`jV INS e, NSUgq Ptt1NSUgq American Fire and Casualty Company ZS The Ohio Casualty Insurance Company v1906 0 0 1919 n 1912 1991 Liberty Mutual Insurance Company N West merican Insurance Company r 6�I1q 1.IP5�p4''aD °JM1 y�PN4M1IPSNp�'aD * 1 * 1 * * By: STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 13th day of March , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5P pgsT COMMONWEALTH OF PENNSYLVANIA 6 /41t� Q�`P,I, Nw� F(� Notarial Seal FTe Paslella, Notary Public By: OF Twp., Montgomery County Teresa Pastella, Notary Public sion Expires March 28, 2017 yVP��G HY PV9 Member, Pennsylvania Assoclation of Notaries �q 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: 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 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, 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 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 attomey-in-fact under 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. ARTICLE XIII - 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 attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, 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 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 David M. Carey, 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. I, Gregory W. Davenport, 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 of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th day of April 20 15 Pp1D CAS& _,ZY INS& �INSUq p11NSUq n < 7906 0 0 1919 n > 1912 ° ` V 1991 3 By: i - b�LLah a° o y a' = Gregory W. Davenport, Assistant Secretary -y6, PHR h1PS�*� .iyllq MPS�'a �iI 'SSgMVS^`'Z �7 /NOIM1NP ! 86 of 100 LMS_12873_122013 — O v� d W �E `O CL Q cQ O� 3 0, OE aM CD L C •� of O C CL) d CD wco N M ao 00 0 e— F0 19 MAGGI-1 OP ID: SD CERTIFICATE OF LIABILITY INSURANCE DATE'MMI00/YVYY) 04/24/2015 PRODUCER Phone: 707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Don Ramatici Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 551 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Petaluma, CA 94953 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Paul Ramatici INSURERS AFFORDING COVERAGE NAIC # INSURED Ma giggiora & Ghilotti, Inc. INSURER National Union Fire Ins, of PA 19445 Bois Street San Rafael, CA 94901 INSURER B. Granite State Insurance Co. 23809 San R-- CAVFRAnFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'POLICY INSR TYPE OF INSUR NICE NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS -LIB_ GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GL5388436 10101/2014 10/01/2015ED pISESEa oc uronce) , $ 300,00 MED EXP (Any one person) $ 5,00 X GL Ded $1_0,000 PER OCCURRENCE PERSONAL & ADV INJURY $ 2,000,00 X XCU INCLUDED GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 4,000,00 I 1 POL'CY X PRO- LOC JECT B AUTOMOBILE LIABILITY X ANY AUTO A OWNED AUTOS SCHEDU ED AUTOS CA5777205 10/01/2014 10/01/2015 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 $ BODILY INJURY (PER PERSON) BOD LY INJURY (PER ACCIDENT) $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGO EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,00 A OCCUR rI CLAIMS MADE BE44059926 10/01/2014 10/01/2015 AGGREGATE $ 4,000,00 $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? (Mandatory In NH) WCO28328209 10/01/2014 10/01/2015 WC STATU- OTH- =TORY-LTI �R_ El EACH ACCIDENT $ 1,000,00 - E.L. DISEASE - EA EMPLOYEE 1,000,00 If es, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT _$ S 1 000 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is included as an additional insured with primary verbiage per forms attached. Umbrella limits are following form to the underlying GL, Auto & Employers Liability policies outlined above. Job: Francisco Blvd. East & West Street Repairs Project #11246 / M&G #7628 30'X97383(04/08)97837(04/08)90533(LF) *10 day notice sent on non-payment. City of San Rafael, its officers, agents and employees Dept. of Public Works 111 Morphew Street San Rafael, CA 94915 SANRA19 SHOULDANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W1664NDSAVQR TO MAIL 30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT-FA"REi443060-GHAi-L- IMPS I+FY BF ANY 1111118 kJPOHi#C-INSURER, R AUTHORIZED REPRESENTATIVE OnH6�- / ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 10/1/2014 forms a part of policy No. GL5388436 issued to MAGG I ORA AND GH I LOTT I , I NC, by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II -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 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 LIABILITY, 2. - Exclusions, Is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) al 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 its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. a -u d uthorized Re resentative or Countersignature (in States Where Applicable) 97838 (4/08) Includes copyrighted material of Page 1 of 1 Insurance Services office, Inc., with its permission. ENDORSEMENT This endorsement, effective 12;01 A.M. 10/1/2014 forms a part of policy No. CL5388436 issued to MAGG I ORA AND GH I LOTT I , I NC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II - 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 arising 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 other terms and conditions remain unchanged. —�� ' A � uthorized Representative or Countersinature (in States Where Includes copyrighted material ofApplicable) 97837 (4/08) Insurance Services office, Inc., with Its permission. Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 10/1/2014 forms a part of po icy No. GL5388436 issued to MAGG I ORA AND GH I LOTT I , I NC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following,- COMMERCIAL ollowing; COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to; a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional nsured, However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same 90633 (3/06) 7A�drized Reepi l A thoresentative or Countersinature (in States Where Applicable Page 1 of 1 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 City Attorney _ Ordinance*). 4 t Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized De artment Head official. 6_ City Clerk j City Clerk attests signatures, retains original agreement and forwards copies to the 7 �l 110 contracting de artment. To be completed by Contracting Department: Project Manager: ' I � &J 1, i22 ' Lu Project Name: F czncr ZS U) 1 x,11 Agendized for City Council Meeting o (if necessary): f .` c' - " 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.