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HomeMy WebLinkAboutCC Resolution 13758 (Resurfacing Curb Ramps 2013-14)RESOLUTION NO. 13758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING CURB RAMPS 2013-2014 PROJECT, CITY PROJECT NO. 11219, TO MAGGIORA AND GHILOTTI, INC. IN THE AMOUNT OF $167,167.00. WHEREAS, on the 24"' day of June, 2014, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Street Resurfacing Curb Ramps 2013-2014 Project" City Project No. 11219 In accordance with the plans and specifications therefore on file in the office of said Citv Clerk; and WHEREAS, the bid of Maggiora and 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 WHEREAS, there are sufficient funds in the Gas Tax Fund to support this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Maggiora and Ghilotti, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Maggiora and Ghilotti. Inc. at the unit prices mentioned in said bid. 2. The Public \Works Director and the Cite Clerk of said City are authorized and directed to execute a contract with Maggiora and 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 $250,000.00 will be appropriated for City Project No. 11219 in the Gas Tax Fund 4. "The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 7th day of July, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, City Clerk File No.: 16.01.276 City of San Rafael ♦ California Form of Contract Agreement for Street Resurfacine Curb Ramps 2013-2014 Citv Proiect No. 11219 This Agreement is made and entered into this 7th day of July 2014 by and between the City of San Rafael (hereinafter called City) and Maggiora and 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: Street Resurfacing Curb Ramps 2013-2014, City Project 11219, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. 11- 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-FIVE (25) 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 $1,500 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 1V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. i ITEMDESCRIPTION QUANTITY ESTIMATED UNIT UNIT PRICE TOTAL ' PRICE 1 Signs and Traffic Control 1 LS ,i> f $25,555.00 t $25,555.00 (Includes Mobilization) ! i $25,628.25 i $25,628.25 Clearing and Grubbing I LS i i 3. ! Minor Concrete -- Minor Structures i a. Type A Curb and Gutter 485 LF I, 5=15.00 $21;825.00 b. 6" PCC Drive��ay j 25 SF ti $950.00 j c. 4" PCC Sidewalk 1,020 ! SF a; i $20.00 � ; $20,400.00 V ; d. Curb Kamp Case A 2 EA ; �i; i S3,700,00 _ E $7,400.00 ITEM DESCRIPTION ESTIMATED QUANTITY KNIT UNIT PRICE TOTAL PRICE e. Curb Ramp Case B 1 EA u, $3,700.00 = $3,700.00 f. Curb Ramp Case C 8 EA 411 $3,700.00 = $29,600.00 g. Modified Catch Basin per Detail Butternut 1 EA+. Dr at Montecillo Rd $7,000.00 = $7,000.00 h. Modified Catch Basin per Detail Butternut 1 E Dr and Mahogany Dr $4,500.00 = $4 500.00 4. Hot Mix Asphalt 106 TON $175.00 = $18,550.00 5. Miscellaneous Utilities a. Install New SSCO 1 EA r $450.00 = $450.00 7. Roadside Sign and Post a. Existing Sign & New Post I 1 EA ct, $240.00 = $240.00 b. Reset Existing Sign and Post 1 EA (�, $210.00 = $210.00 8. Traffic Stripes and Pavement Markings a. Pavement Markings 155 SF 01, , $5.25 — $813.75 b. Paint Curb Red 230 LF rcr $1.50 = $345.00 GRAND TOTAL BID $ 167,167.00 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°,'o 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. Vl - 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, lie Neill 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 500,10 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 filly 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.: 16.01.276 CITY OF SAN RAFAEL- Nader Mansourian Public Works Director MAGGIOR ND Gyf IL tTI INC.: Printed Name: Title: Ghiloffi PIe W elft EXECUTED IN TRIPLICATE THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond Bond No. 070015746 PREMIUM: $565.00 KNOW ALL MEN BY THESE PRESENTS: that MAGGIORA AND GHILOTTI, INC. 555 DU BOIS ST. SAN RAFAEL CA 94901 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, The Ohio Casualty Insurance Company 71 STEVENSON ST. STE 600, SAN FRANCISCO CA94105(Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SAN RAFAEL 111 MORPHEW ST. SAN RAFAEL CA 94915 as Obligee, hereinafter called Owner, in (Here insert full name and address or legal title of Omer) the amount of ONE HUNDRED SIXTY SEVEN THOUSAND ONE HUNDRED SIXTY SEVEN 00/100 Dollars ($ 167,167.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated JULY 7TH, 2014 , entered into a contract with Owner for STREET RESURFACING CURB RAMPS 2013-2014 CITY PROJECT NO. (Here insert full name, address and description of project) 11219 in accordance with Drawings and Specifications prepared by (1 Jere insert full name and address or legal title of Architect) which contract is by reference made a part hereof. and is hereinafter referred to as the Contract. PERFORMANCE BOND AND -BOR AND NIA-7'I'RIAL PAY.^.?i.NT 1PDND A[.\ t�r 1 rt3RT.;.�R1 lyi(' f_C2 . 2006 \\�'\R;ti I'Vli; t'tt;;cens�:d {`f�ctuc��p} tnt; vit>tat�:� 7!.J. copyriz,f�t is:as and is sub;c•ct !o leen! �rus�cat;ian. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) Signed and sealed this 10TH day of JULY (Witness) (Witness) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contract. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, exccutors, administrators or successors of the Owner. 2014 MAGGIORA AND GHILOTTI, INC. (Principal) (Seal) BY : Gay Ghilol President t (Title) The Ohio Casualty Insurance Company (Surety) (Seal) CHERYL GRIGGS, (Title) Ai:ar .F;l:.-`,�I;ii::Ci1 SNti"s f'i'le i)r=.aC`f?Ti( IS, 1 i9 'C1�' `i )�K : `✓'t.Xt1- 1'.'-A'.. `iP.5la^:G:';7N, t} ^t:i` Attorney in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SONOMA On __ 7/10l4 Date personally appeared before me, CHERYL GRIGGS ilolA,tY d,W"AiN sor,oma County > M , cbp,o,�, �X �,res Jan 22, zolje I MARY DAVERIN, NOTARY PUBLIC Here Insert Name and Title of the eflicer Name(s) of Signer(s) 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(,), 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 Place Notary Seal Above Signature of Notary Public ay OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: LE Individual Corp-Drate. 0;fic,>r Tifle(s) -7 Top of thumb here Miler. ��iqr�C'V JS Number of Pages:____ Signer's Namei___ - Individual Corporate Officr:r Title(s). Partrier i -;,,n i! ed `, G e n e r,:) I Attorney -, F,,°ct Trustee Guardia-­-�, Cor­�senjato, Top Other: S.'gner Is EXECUTED IN TRIPLICATE THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO: 070015746 PREMIUM INCLUDED IN PERFORMANCE BOND AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WFI'I I PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that MAGGIORA AND GHILOTTI, INC. 555 DU BOIS ST. SAN RAFAEL CA 94901 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, The Ohio Casualty Insurance Company 71 STEVENSON ST. STE 600 SAN FRANCISCO CA 94105 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SAN RAFAEL, 111 MORPHEW ST. SAN RAFAEL CA 94915 as Obligee, hereinafter called Owner, for ( Here insert full name and address or legal title of Owner) the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED SIXTY SEVEN THOUSAND ONE HUNDRED SIXTY SEVEN 00/100 Dollars ($ 167,167. 00 (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated JULY 7TH, 2014 , entered into a contract with Owner for STREET RESURFACING CURB RAMPS 2013-2014 CITY PROJECT NO. 11219 (Here insert full name, address and description ofprgject) in accordance with Drawings and Specifications prepared by (Ilere insei,11ill name and :address or legal titic o1'Arehitec0 which contract is by reference made; a part hereof, and is hereinafter referred to as the Contract. 11 i";;1."1.1"i'i:k3A._. i1"\,i. 1 3( 1. A ig, ;17,._R_:�XYI' ,,0E.D 111F M.".1 RICAN N ;N -S!;': f F Of, ,ARCH" L' C'i'S, 1', . NI:`}; Yl`i K i��'F ;i; , N 1" ON D C 206 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every, claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, ►nay sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were Si,gjNd and sealed this 10,TWay of JULY 2014 furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. MAGGIORA ,,W GHILOTTI,,, INC. r: ,611•incipa}) (Seal) r , ..: r" ,d: �;�. z . JG" Ghft BY:PmSident r �I, (Tit1�6 The Ohio Casualty Insurance Company (Surety) f Sea! } ('Nt itness) CFER.YL GRI; GS, l -isle) Attornen in Fact X !A D()," 1%!T:1%1-, . ,', i iYR. � )RMAM, is BGG^ D 1ND i_:iROR AND ,MAI'lA,!A!, i1:0^:(I_N BOND ! A X} 1''1:f312i! S .' ?`37(' H) Cs.i7i5N!,ll'1.NV, \VASHiNC'!'i)V.:JC q(tc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SONOMA On 7/10/14 before me, personally appeared CHERYL GRIGGS MARY DAVEPIN CorfafrtE.sion # 2053517 tt;aryPublic ttfosftia Sonoma County i v Comm. Expires Sara 22, 2018 Plane Notary Soa! Above MARY DAVERIN, NOTARY PUBLIC Here Insert Name and Title of the Ott+car Name(s) of Signer(s) 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by Pais/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 handtand official seal. Signature....rv; ., rT ,<-''t. ''' q...... P Signature of Notary Public l +f OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:___ Signer(s) Other Than Blamed Above: Capaeity(ies) Claimed by Signer(s) Sigr.er'S N a m e: -j Indiv!dual .__ Ccr oratt� Oticc.r tG14�T'fHt7RABPRINT OF SIGN SEP J ,t ar 11ti", c Col .•c vr.':cr Top of t!,umb here i Number of Pages: Signers Name: Individual iLl Corporate O`Iic4',, Title(s): Partner _ L+rnitc'i ? � Gef ern At*c,-ncy r Factwavw Guardian :;r C „+sE,r,jatr.r I Top �f ?hurnl here i Othe; : I � Sir ner ,., Pe, r; .. rt n l" arca ;s Rc prrsen`+r;,. I Z.INN., 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. 6s-�so25 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chervi Griags; Paul Ramatici all of the city of PEl ALUMA state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 13th day of May 2014 >+ American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual insurance Company c West American Insurance Company E as By: STATE OF PENNSYLVANIA ss David M. Carey, Assistant Secretary y; to tc COUNTY OF MONTGOMERY a) On this 13th dayof May 2014before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and t.. 0 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, 0.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above O CL 'written. /!�'�Za'.0 t O � d By. atJ Teresa Pastella , Notary Public y cn. M C 15 This Power of Attorney is made and executed pursuaritto and byalut#writy of the following By-laws and Authorizations of American fire and Casualty Company. The Ohio Casualty Insurance to p ai ,`, Company, Liberty Mutual insurance Company, andfflestAmerican Insurance Company which resolutions are now in full force and effect reading as follows! � C? m ` 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 o> O = to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, v O 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 p !, E ti 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 45 G 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. = d 0 ARTICLE X111- Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, Cq o0 > L 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, p seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their = 00 Z respective powers of attorney, shallhave full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 O executed such instruments shall be as binding as if signed by the president and attested by the secretary. O cD Certificate of Designation - The President of the Company.. acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secreta to int such attome rn• 9 Y n9 p YY Secretary aPP� Ys - ~ r y 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. --- S 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 j Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall oe valid and binding upon the Company with the same force and effect as though manually affixed. VI Gregory W. Davenport the undersigned; Assistant Secretary, ofAmeman Fire and Casualty ..ompany. The Ohio Casualty insurance Company, Liberty Mutual Insurance Company. and I JIiest 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 1 OTHdayof JUvY 20 14 By: Gregory VV. Daveriport, Assistant Secretary t i i - f i L..m.„..,....................,.,...,,.,,..,.,..,..,.,.._...,.._.,_.__..._......,........,...,...,,........,._.........,.....,...........,.....,.,.,.,.,.,,,,,... LN15_12873_',22M 1:3 Ot 504 .. ACORD PRODUCER Don Ramatici Insurance, Inc. P.O. Box 551 Petaluma, CA 94953 Paul Ramatici MAGGIA OP ID: SD CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY) 07/10/2014 Phone: 707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURED Maggglora & Ghilotti, Inc. 555 Du Bois Street San Rafael, CA 94901 COVERAGES i INSURERS AFFORDING COVERAGE NAIC # _NSURER A National Union Fire Ins. of PA 1944_5_______ INSURER B Granite State Insurance Co. 23809 INSURER C INSURER D I INSURER E' j 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;A,p�O�'� POLICY EfFECTIVE POLICY EXPIRATION L�T.I f TYPE OF INSURANCE POLICY NUMBER I DATE (MM/DDIYYYY) DATE (MMIDDlYYYYI LIMITS GENERAL LIABILITY ! EACH_OCCURRENCE $ ------ 000 A X I X COMMERCIAL GENERAL LIABILITY 1GL5142616 09/01/2013 10/01/2014-� 1 $_ 300,000 CLAMS MADEX OCCUR EM sFSd a_ocicu e e — j _ 5,000 X {GL Oed 1$10 000 _I ;PER OCCURRENCE MED EXP (Any one person) _..�. - PERSONAL & ADV INJURY $ $ 2,000,000 X 'XCU INCLUDED GR EGATE 4a-,0oo00o,,0oo00GENA GLNil AGGREGATE LIVIT APPLIES PER PRODUCTS _ COMPIOP AGG' $ o i X �EC I --- -- _ .— POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ' 09/01/2013 10J01/2tl14 $ 2,000,000 B X_a ANY AUTO CA3275260 (Ea accident) — ALL OWNED AUTOS j BODILY INJURY $ SCHEDULED AUTOS (PER PERSON) r - -$ ----------- I HIRED AUTOS -I � BODILY INJURY , NON OWNED AUTOS (PER ACCIDENT) ;_-..; ._ ..--.-.__.,.-_.___.-- . --------- PROPERTY DAMAGE (PER ACCIDENT)$ GARAGE LIABILITY � -_ -, � I ,AUTO ONLY - EA ACCIDENT $ ANY AU 10 R THAN EA ACC OTHER _. $ ------- THEAUTO ONLY — AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 A X OCCUR CLAIMS MADE !BE16491009 09/0112013 10/0112014 AGGREGATE $ 4,000,000 j DEDUCTIBLE X I RETENTION $ 10,000! I i $ WORKERS COMPENSATIONiX AND EMPLOYERS' LIABILITY WC STATU. LOTH- j '-'—_J.T4RYL.IMtT$.1___ —YR --i __.___ -_1 Y f N iW A ANY PROPRIFTOR/PAR T NER�EY,ECUTIVP : -" C015656039 I 10101!2013 10!01/2014 E L EACH ACCIDENT $ 0 00,000 ,0 Or FICEWMF.MBER EXCLUDE u" L; -----'--------_-.. 1>000+000 (Mandatory in NH) I _ F1 DISEASE - EA EMPLOYEE 3 —` -j "----- 1! es. duscnbe uncle+ 5PEC�AL PROVISIONS treiav LI El DISEASE - POCY LIMIT $ 1+000,000 OTHER i DESCRIPTION OF OPERATIONS l LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ 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:Street Resurfacing Curb Ramps 2013-2014 City Project #11219 / M&G #7615 30X97383(04/08)97837(04/08)90533(LF) *10 day notice sent on non-payment. CERTIFICATE HOLDER CANCELLATION SANRA19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIESSECANCELLEOBEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Ef+B#2-i"9MAlL 30* — DAYS WRITTEN City of San Rafael, its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, officers, agents and employees Dept. of Public Works hese N4 tLtc�eN eR�t�slLrr eF aY t�HataeN x+tE�tNst�RR, +se�E� ter 111 Morphew Street REPPR�v£N}tv£B San Rafael, CA 94915 AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) a 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. 09/01/13 forms a part of policy No. GL5142616 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) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to 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. 6 ut),orized Representative or Countersignature (in States Where Applicable) 97638 (41,'08) hick,des ccpyrieghted matana€ of Page 1 of 1 lnsur-ince Services ©ff;ee, Sn:., w;th its permission. ENDORSEMENT This endorsement, effective 12:01 A.M. 09/01/13 forms a part of policy No. GL5142616 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, Autharized Representative or Countersignature (in States Where Includes cepyr=glited material otApplicable) 97837 (4/08) Insurance Services Office, Inc., 1,vith its perrnission. k'age 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 09/01/13 forms a part of policy No. GL5142616 issued to MAGG I ORA AND GH I LOTT I , INC. 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 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 insured. 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 13; 06 �i r� � � A' thorized Rep6resentative or Countersignature tin States Where Applicable) Page 1 of 1 Attachment A MAYOR CITY OF SAN RAFAEL Gang O. Phillips Department of VICE MAYOR 13 Damon Connolly COUNCIL MEMBERS Public Works Maribeth Bushey Kate Colin Andrew Cuyugon McCullough 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 Liabilitv: Automobile Liabilitv: Workers' Compensation Liabilitv: 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; the requirements for coverage and limits shall be: (1) the minimum coverage and limits Attachment A 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. Marin Independent Journal Legal No. 0005197714 CITY OF SAN RAFAEL - 150 Alameda del Prado DEPARTMENT OF PUBLIC WORKS PO Box 6150 NOTICE INFVOR PUBLIC OKS PROPOSALS Novato, California 94948-1535oFr hce is hereby given that the City of San (415) 382-7335 Rafael Department of Public Works will receive legals@marinij.com bids for furnishing all labor, materials, equip- ment and services for Street ResurfachtnQQ Curb Ramps 20112014 City Protect Na 11219 Project Description: SAN RAFAEL,CITY OF This project consists of all the associated work PO BOX 151560/CITY CLERK, DEPT OF PUBLIC described in the attached specifications and plans and the provisions of this document for WORKS,1400 FIFTH AVE excavation, removal of existing concrete side- walk, driveway, curb. gutter and catch basin SAN RAFAEL CA 94915-1560 and construction of new sidewalk, driveway. curb, gutter, valley gutter, curb ramps.storm drain Improvements and roadway striping all located in the City of San Rafael, California. PROOF OF PUBLICATION Each bid shall be in accordance with the plays and specifications adopted by the City of San Rafael City Council on May 5. 2014, and other (2015.5 C.C.P.) contract documents, now on file with the City Rafael, Clerk, City Hail. San California: and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. O. Box 151560. San Rafael, CA 94901. STATE OF CALIFORNIA Cost shall be Fifty Dollars (550.00) per set, non - refundable. Cost of mailing sets shall be an ad- ditional Ten Dollars (;10.00) per set County of Marin Bidders are hereby notified that pursuant to Section L770 of the Labor Code of the State of California, the City of San Rafael has aster• FILE NO. 0005197714 twined the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be per- formed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. I am a citizen of the United States and a resident of the County the City The prevailing ratesso determined Clerk, are on hie m the office of the City Clerk, copies aforesaid: I am over the age of eighteen years, and not a party to of which are available to any interested party or interested in the above matter. I am the principal clerk of the on request. printer of the MARIN INDEPENDENT JOURNAL, a newspaper of Pobtained Each bid shall be made out on the form o s at the Department of Public Works., general circulation, printed and published daily in the County of 111 tvlorphew Street, San Rafael, California 94901 and shall be accompanied by cash, certi- Marin, and which newspaper has been adjudged a newspaper of fled check or bidder's bond for ten percent general circulation by the Superior Court of the County of Marin, (10%) of the amount of bid, made payable to the order of the City of San Rafael: shall be State of California, under date of FEBRUARY 7, 1955, CASE sealed and filed with said City Clerk. 1400 Fifth Avenue, City Hall, Room 209. San Rafael, Califor- NUMBER 25566; that the notice, of which the annexed is a printed nia 94901 on or before tune 24.2014 at 2:30 pm. copy (set in type not smaller than nonpareil), has been published in The City reserves the right to reject any or all each regular and entire issue of said newspaper and not in any bids or to waive any informality in a bid. supplement thereof on the following dates, to -wit: /s/ Esther C. Beirne ESTHER C. BEIRNE City Clerk 6/2/2014 Dated: lune 2.2014 N0.652 JUNE 2. 2014 1 certly i or •pec+are? under the penalty of perjui / that the foregoing is true and correct. Dated this 3rd day of June. 2014 U Signature PROOF OF PUBLICATION