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HomeMy WebLinkAboutPW SR Avenue Curb Ramps Project 2015Agenda Item No: 3, h Meeting Date: May 4, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: City Manager Approval O*Ck4 Q Acting Director of Public Works File No.: 16.01.278 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAN RAFAEL AVENUE CURB RAMPS PROJECT, CITY PROJECT NO. 11250, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $157,314.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Construction Company in the amount of $157,314.00. BACKGROUND: In August of 2004, the City of San Rafael entered into a Settlement Agreement with the Federal Department of Justice (DOJ) to address a lack of compliance with the Americans with Disabilities Act (ADA) and related accessibility issues in City -owned facilities and the public right-of- way. A section of the Agreement calls for the City of San Rafael to construct curb ramps or sloped areas at any intersection to provide access for pedestrians. In 2004, Public Works identified a backlog of 797 curb ramps requiring construction. The proposed project includes construction of six new ADA compliant curb ramps and storm drainage improvements. Five of the six locations are specifically included in the backlog of 797 ramps required by the DOJ Settlement Agreement. The remaining ramp has been included in this project as it is located at the same intersection as the other proposed ramps and will close a gap in the pedestrian path of travel to Gerstle Park. In addition to the installation of the accessible curb ramps, this project consists of the following: • Relocate a portion of the existing stone wall on the southwest corner of the intersection of San Rafael Avenue/Lodge Lane to increase vehicular sight distance. The existing bluestone rock will be reused, as recommended by the Gerstle Park Neighborhood Association. Install new drainage improvements at the intersection of Lodge Lane. The existing drainage pipe at this location no longer functions. This project will install new catch basins and a new pipe across Lodge Lane. A study of the project area was conducted to ensure that the most reasonable facilities for all modes of travel are included in the project design. The study was completed April 22, 2015. FOR CITY CLERK ONLY File No.: Council Meeting: Meeting: S�4 -2d IS- Disposition: 5Disposition: (?eisof.%%1DN /36118 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The San Rafael Avenue Curb Ramps project has been determined to have no significant effect on the environment and is therefore categorically exempt from environmental documents. A Notice of Exemption was filed at the Marin County Clerk's Office on April 2, 2015. The project was advertised in accordance with San Rafael's Municipal Code on April 6, 2015, and sealed bids were publicly opened and read aloud on April 23, 2015, at 9:00 AM. The engineer's estimate was $150,000.00. Contractors submitted the following three bids: NAME OF BIDDER AMOUNT Ghilotti Construction Company $157,314.00 Ghilotti Bros., Inc. $159,394.00 Coastside Concrete $159,670.00 PUBLIC OUTREACH: The Public Works Department has discussed this project with both the Gerstle Park Neighborhood Association (GPNA) and the City of San Rafael Parks Commission. Both GPNA and the Parks Commission were in favor of the improvements and had little or no comments on the design. GPNA's main interest was to maintain the existing look of Gerstle Park by keeping the bluestone along the entire length of the park wall along San Rafael Avenue. This recommendation has been incorporated into the design. After award of the contract, the Public Works Department will send out letters to each adjacent property owner to inform them of the upcoming construction and will maintain a City website, updated with the construction schedule on a weekly basis. ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from Ghilotti Construction Company in the amount of $157,314.00 falls within the allocated project budget. FISCAL EMPACT: To date, there have been no costs associated with this project. Project expenditures include the cost of document reproduction, the construction to be performed by Ghilotti Construction Company, a recommended contingency of approximately 20%, and construction inspection, bringing the total project budget to $210,000.00. We recommend a 20% contingency due to the close proximity of an existing concrete masonry unit retaining wall which runs along the east side of Lodge Lane. This retaining wall does not sit on a foundation, and working near this wall may require additional repairs. This project was unanticipated and was not included in the City's Capital Improvement Program (CIP). However, there are sufficient funds in the Gas Tax Fund (#206) to cover the construction costs. The following tables summarize the funding sources and expenses associated with this project: FUNDING SOURCE: Project Funding Sources Allocation Gas Tax Fund (#206) $210,000.00 Total Funding Available $210,000.00 EXPENSES: Category Amount Notes Remaining Expenses Supplies and Services $750.00 Estimated cost for document reproduction Construction Contract $157,314.00 Base bid contract amount Construction Contingency (Approx. 20%) $31,936.00 Construction Inspection $20,000.00 Contract Inspector Total Project Cost $210,000.00 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The project design was completed by Department of Public Works engineering staff at a cost of approximately $50,000.00. Construction management and oversight will be performed by engineering staff. These costs are not shown in the tables above. OPTIONS: 1. Adopt the resolution awarding the contract to Ghilotti Construction Company, the lowest responsive and responsible bid, in the amount of $157,314.00. If this option is chosen, construction 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 the fall of 2015. 3. Do not award the contract and direct staff to stop working on this project. If this option is chosen, the City will still be required to construct these ramps in the future as part of the DOJ Settlement Agreement. ACTION REQUIRED: Adopt resolution awarding a contract to Ghilotti Construction Company in the amount of $157,314.00 and appropriating funds in the project. Enclosures: Resolution Agreement RESOLUTION NO. 13918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAN RAFAEL AVENUE CURB RAMPS PROJECT, CITY PROJECT NO. 11250, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $157,314.00. WHEREAS, on the 23rd day of April, 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 doing the following work in said City, to wit: "San Rafael Avenue Curb Ramps Project" City Project No. 11250 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; and WHEREAS, there are sufficient funds in the Gas Tax Fund #206 to support this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. 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. 2. The Acting Public Works Director and the City Clerk of said City are 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. 3. Funds totaling $210,000.00 will be appropriated in the Gas Tax Fund #206 for City Project No. 11250. 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 4`h day of May, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk City of San Rafael ♦ California Form of Contract Agreement for SAN RAFAEL AVENUE CURB RAMPS City Proiect No. 11250 This Agreement is made and entered into this Ste+► day of _ MA�' 2015 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Company (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 San Rafael Avenue Curb Ramps, City Project 11250, 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. 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 UNIT UNIT PRICE TOTAL QUANTITY PRICE Signs and Traffic Control (Includes Mobilization) 1 LS c $14,000 $14,000 ------------- Clearing and Grubbing I LS Cam $34,000 $34,000 Minor Concrete Minor Structures a. Type A Curb and Gutter 160 LF ca) $61 = $9,760 b. Retaining Curb 55 LF @$40 $2,200 c. 4" PCC Sidewalk 610 SF a, $16 = $9,760 d. Curb Ramp Case F 3 EA (0i) $3,300 = $9,900 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL QUANTITY PRICE e. Curb Ramp Case G 1 EA (r $3,300 = $3,300 f. Type A Manhole I EA P $6,000 _ $6,000 g. Type E Catch Basin / Modifed Type E 4 EA (a) $4,500 - $18,000 h. ADA Truncated Domes ** 36 SF (a $29 = $1,044 4. Hot Mix Asphalt 36 TON (rr> $200 _ $7,200 5. Storm Drain Pipe 80 LF $185 _ $14,800 6. Rock Retaining Wall 110 SF (r $200 — $22,000 7. Chainlink Fence (Type CL -4) 20 LF (al $98 = $1,960 7. Sign and Striping a. Reset Existing Sign on New Post 1 EA fc"r $245 $245 b. Reset Existing Sign on Fence 1 EAi1 $165 .......... _ $16,5 a. Pavement Markings 280 SF ra, $10 $2,800 ......................................_............. b. Paint Curb Red 90 LF $2 $180 xx This bid item shall be a final pay item GRAND TOTAL BID $ 157,314.00 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 500/0 of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: -,551k cR lnl 11 Esther C. Beirne Kevin MCGO iwn City Clerk Acting Public Works Director APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.01.278 GHILOTTI CONSTRUCTION COMPANY: By: Printed Name• Title: V.-P.e�rt Al FO / Gf aber6a �r 0 Liberty �Mutual. SURETY CONTRACT BOND - CALIFORNIA Executed in Triplicate FAITHFUL PERFORMANCE - PUBLIC WORK KNOW ALL BY THESE PRESENTS, That Ghilotti Construction Company, Inc. Bond #070020104 Initial premium charged for this bond is $1,394.00 subject to adjustment upon completion of contract at applicable rate on final contract price. of 246 Ghilotti Avenue Santa Rosa, CA 95407 w,. as Principal, 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 One Hundred Fifty-seven Thousand Three Hundred Fourteen Dollars And Zero Cents _ Dollars ( $157,314.00 ), 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. TME CONDITION OF TI IE FOREGOING OBLIGATION IS SUCI I, That WIIEREAS, the above -bounden Principal has entered into a Contract, dated May 4 , 2015 , with the City of San Rafael to do and perform the following work, to -wit: San Rafael Avenue Curb Ramps, City Project No. 11250 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shaf.l be void; otherwise to remain in full force and effect. PROVIDED PURTI IER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 11th day of May , 2015 Ghilotti Construction Company, Inc. Principal 1NSUR 9 J Q'acaPcyC Ale- 1912 n r 3 �� 3 *°s��ada Liberty Mutual Insur ce Com y e ;" By �'" Jana bjilgard, Attorney -in -Fact INRIBRIENNE 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 Placer ) On May 11, 2015 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. Signature (Seal) KATHY 1:MqG1.:1 w SURETY Executed in Triplicate Bond #070020104 CONTRACT BOND - CALIFORNIA Premium Included PAYMENT BOND KNOW ALL BY THESE 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 Citv of San Rafael , as Obligee, in the sum of One Hundred Fifty-seven Thousand Three Hundred Fourteen Dollars And Zero Cents Dollars ( $157,314.00 ), 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. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCII, That WHEREAS, the above -bounden Principal has entered into a contract, dated 4th day of May 2015 , with the Obligee to do and perform the following work, to -wit: San Rafael Avenue Curb Ramps, City Project No. 11250 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 9100 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. 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 9100 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, sealed and dated this 11th day of May , 2015 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. -�iCw"A Lp. �� Ic i , l 1NsUR �JP0C VLP 0l�rq�0 r 1912 o n Liberty Mutual Insurance Company r s y3 \ cHUs �.d5 By Jan B Pilgard, 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 Placer ) On May 11, 2015 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. Signature (Seal) r a.a. KA1 -IY V:�A1�C�::1... COMM # 2007083 —7-9'.NOTARY PUM...nC wCAauFORNrA PLACER COUNTY Corn, Exp. FEB. 11, 2017 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. 6898435 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 Fre & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Uberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation dully 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 all of the city of Rosevdle 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 beha'if 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 Compantles as of 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 stn day of March 2015 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company lour6M1iz 1 wdu West merican Insurance Company *"�y`5,. u:iiv.r„" By: ,nyr STATE OF PENNSYLVANIA ss David M. Care ; Assistant Secretary COUNTY OF MONTGOMERY On this 6th 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 Mutua9 insurali:ce Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing unstrument 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 notaria8 seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. PAs, OMMONWEA, OF PENNSYLVANIA Q P S !! No tefla,l Seal �Nw�,,, Teresa PasteNla, Notary Public By: OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public q �Q My C ommi cion Expores March 28, 2017 NSyI.VP �U ...._...... _ .. .......arae..... Memb r Puiny�aylvanfaAssuvrb,;yVujnofNotarias 4Ry P� This Power ofAttorney 'S made and executed pursuant to and by authority of the Mowing By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty MutuaV 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, Ass"rstant Secretary, of American Fre and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the originai power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey 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 11 th day of Ma ILLLlJS "11,98T:1i! 2"20C3 20 15 By:i�/+%�� Gregory W. Davenport, Assistant Secretary 132 of 250 O vCn >'W d Lc- E O CL Q M O� 3� O E LM N O s c �• of Oc m 'O �o �co N w M E O0 0o F019 "e, We6S Vd eY4 'fl e1906 r u II �11 2 '� � i�"��� ' v rri a ri r ILLLlJS "11,98T:1i! 2"20C3 20 15 By:i�/+%�� Gregory W. Davenport, Assistant Secretary 132 of 250 O vCn >'W d Lc- E O CL Q M O� 3� O E LM N O s c �• of Oc m 'O �o �co N w M E O0 0o F019 ACORN0 �� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 5/11/2015 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 Woodruff-Sawyer & Co. 50 California Street, Floor 12 San Francisco CA 94111 CONTACT NAValerie Porter -Browne PH . 415-391-2141 F"X ONE 415-989-9923 E-MAIL p v orter-Browne/telwsandco.com INSURERS AFFORDING COVERAGE NAIC # /31/2015 INSURERA:OId Republic General Insurance Corp24139 EACH OCCURRENCE S2,000,000 INSURED GHILCON-01 INSURER 8 : INSURER C: Ghilotti Construction Company, Inc. 246 Ghilotti Avenue Santa Rosa CA 95407 INSURER D: GENERAL AGGREGATE S4,000,000 PRODUCTS-COMPIOPAGG $2,000,000 INSURER E: INSURER F: AUTOMOBILE X COVERAGES CERTIFICATE NUMBER: 1456525055 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 I TYPE OF INSURANCE ADDLSUBRI INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X „ OCCUR Y Al CG37541511 /31/2015 3/31/2016 EACH OCCURRENCE S2,000,000 PREM SES Ea occu RENTEante S100.DD0 MED EXP (Any one person) 55,000 PERSONAL & ADV INJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY LXPRO ECT LOC OTHER: GENERAL AGGREGATE S4,000,000 PRODUCTS-COMPIOPAGG $2,000,000 S A AUTOMOBILE X LIABILITY ANY AUTO AUTOS AWNED CHEDULED OUTOS NON -OWNED HIRED AUTOS AUTOS AlCA37541511 /31/2015 3/31/2016 ED 11111111 Ea accident 51,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S Per accident 5 UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPWETORlPARTNERrEXECUTIVE❑ OFFICERWEMBER EXCLUDED? (Mandatory in NH) If yyes,. describe under DESCRIPTUON OF OPERATIONS below NIA AlCW94681512 /2/2015 /2/2016 XPER OTH- STATUTE ER E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE - POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City #11250, GCC Job #5627, San Rafael Avenue Curb Ramp, 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 &/or work described in the Public Works contract for the project entitled San Rafael See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street San Rafael CA 94915 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACOR" AGENCY CUSTOMER ID: GHILCON-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of ..1._.. ._ AGENCY Woodruff -Sawyer & Co. NAMED INSURED Ghilotti Construction Company, Inc. 246 Ghilotti Avenue Santa Rosa CA 95407 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ;nue Curb Ramps, City project No 11250 between the City of San Rafael and Ghilotti Construction co, for the work & improvements scribed therein. Forms CG 20 10 04 13, CG 20 37 04 13 attached. Coverage is Primary and Non -Contributory per form CG EN GN 0029 06 attached. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Al CG3754.1 5 1 1 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organization( — Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT I ...... .._ ..... — -- -- - - — — -- Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the 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 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. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 OLD REPUBLIC GENERAL INSURANCE CORPORATION 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): Location(s) of Covered Operations: 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 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 Ghilotti Construction Company Policy Number AICG37541511 Endorsement No. Policy Period 3/31/15-3/31/16 Endorsement Effective Date: Producer's Name: Producer Number: _3/30/15 AUTHORIZED REPRESENTATIVE DATE CG EN GN 0029 09 06 POLICY NUMBER: Al CG37541511 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location And Descri tion Of Com leted Operations AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. . _........_............ _..........................................................................................................._................... ......... ........ _ Information required to complete this Schedule, if not shownabove, will be shown in the Declarations. A. Section II — 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" or "property damage" caused, in whole or in part, by "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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 10 ON 0 W ill ii11111 i -ad 10 W TO: CITY OF SAN RAFAEL 111 MORPHEW STREET SAN RAFAEL, CA 94915 ATTN: JEFF STUTSMAN WE ARE SENDING YOU: Q ENCLOSED THE FOLLOWING ITEMS: Q CONTRACTS ❑ SOILS REPORT ❑ COPY OF LETTER ❑ PLANS DATE: 5/13/15 JOB/PROJECT: SAN RAFAEL AVENUE CURB RAMPS, CITY #11250 (GCC JOB #5627) ❑ UNDER SEPARATE COVER VIA: ,,-FedEx.,,., ❑ SPECIFICATIONS ❑ DBE SUBMITTALS ❑ SAMPLES ❑ COPIES f l DATE NUMBER_j DESCRIPTION 3 11250 SIGNED CONTRACTS �.._........ .� 3 5/4/15 070020104 PERFORMANCE & PAYMENT BONDS 3 5/11/15 INSURANCE CERTIFICATES THESE ARE TRANSMITTED as indicated below: l REMARKS: ❑ For your approval Q For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit for approval ❑ For review and comment ❑ For quotation ❑ For bids due ❑ For Your Signature Thank you, BY: Admin If enclosures are not as noted, kindly notify the above as soon as possible. Engineering. 246 GHILOTTI AVENUE - SANTA ROSA, CA 95407707-585-0129 www.ghiloffi.com fi_, CONHUCTORS CONSTRUCTION I MM •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, Ali 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 Yazdi 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 2151 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 27`h day of August, 2012. 0 Stacy L. M 1 Secretary Attachment A MAYOR CITY OF SAN RAFAEL Gary O. Phillips Department of VICE MAYOR Andrew Cuyugan McCullough couNclL Public Works MariMEMBERS beth Bushey cl Kate Colin John Gamblin INSURANCE REQUIREMENTS SHEET SUBJECT: COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND WORKERS' COMPENSATION INSURANCE (MAJOR 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 commercial general liability, automobile, and workers' compensation insurance. The Contractor and Subcontractors shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Commercial General Liability: Automobile Liability: Workers' Compensation Liability: Minimum of $1,000,000 per occurrence and $2,000,000 aggregate coverage. Minimum of $1,000,000 coverage. Statutory coverage. The required commercial general liability insurance policy shall provide or shall be endorsed to provide that the City, its officers, employees, agents and volunteers are additional named insureds under the policy, that such policy shall be primary and non- contributory and will not seek contribution from the City's insurance or self-insurance. The "primary and non-contributory" coverage shall be at least as broad as CG 20 01 04 13. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City (if agreed to in a written contractor or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the City. It shall be a requirement under the contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, Attachment A the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in the contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Any deductibles or self-insured retentions in the required insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction or Contractor or subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. Contractor and subcontractors shall provide to the City all of the following: (1) Certificates of Insurance evidencing the required insurance coverage, (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor and subcontractors. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this contract. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. If the insurance is written on a Claims Made Form, then, following termination of the contract, said insurance coverage shall survive for a period of not less than five years. 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 form of agreement; .a , bonds and insurance certificates and/�� endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6. City Clerk City Clerk attests signatures, retains original _ agreement and forwards copies to the �) �I 1 S contracting department. To be completed by Contracting Department: Project Manager:./,, G d �:�.. Project Name:�������: d ;,.,�� �.�.�..i�°�'"a��''� Agendized for City Council Meeting of (if necessary): 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 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO.,,��" DATE OF MEETING: May 4, 2015 FROM: Leslie Blomquist DEPARTMENT: Public Works DATE: April 23, 2015 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAN RAFAEL AVENUE CURB RAMPS PROJECT, CITY PROJECT NO. 11250, TO GHILOTTI CONSTRUCTION COMPANY IN THE AMOUNT OF $157,314.00. !L.,- ria '. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: " l Gnu- co(llil�u City Manager signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: - L 0 24L, , �, rzf:iE- City Attorney (signature) File No.: 16.01.278