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HomeMy WebLinkAboutCC Resolution 13778 (H St. Roadway Impr. Project)RESOLUTION NO. 13778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206, TO GHILOTTI CONSTRUCTION INC., IN THE AMOUNT OF $1,776,906.00 (BID OPENING HELD ON MONDAY, JULY 14, 2014). WHEREAS, on the 14`h day of July, 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: "H Street Roadway Improvement Project" City Project No. 11206 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Construction 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; and WHEREAS, the San Rafael Sanitation District will fund up to $682,625 to support this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Ghilotti Construction Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Ghilotti Construction Inc. at the unit prices mentioned in said bid. 2. The Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Ghilotti Construction 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. $428,542 of available Gas Tax Funds will be appropriated to provide total City funding of $1,428,542. 4. $682,625 will be appropriated from the San Rafael Sanitation District Fund. 5. 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 21th day of July, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None yY-�uL.',s +yry yf��`� •M I'�t B ESTHER C. BEIRNE, City Clerk File No.: 08.02.245 City of San Rafael ♦ California Form of Contract Agreement for H Street Roadway Improvement Proiect This Agreement is made and entered into this 21 st day of July 2014 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: H Street Roadway Improvement Project, City Project No. 11206, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. It- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within SEVETY FIVE (75) WORKING DAYS and with such extensions of time as are provided for in the General Conditions. 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 $3,000 for each and every 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. Item Description A. G1NIERAL ITEMS 1 I Signs and Traffic Control Estimated Unit of Unit Price Cost uantity Measure Is ( 1 127,000 1 127,000.00 Subtotal A= 1 127,000.00 rye: C. STORM DRAIN 6 Clearing and Grubbing Estimated Unit of 28,000 28,000.001 Item Descrintion I Unit Price Cost a. Type B Manhole uantit Measure 7,500 45,000.00 b. Type Z Box 1EA Subtotal A = 127,000.00 B. SANITARY SEWER - .__ Demolition c. Type Y Box 1 EA a. Abandon SS In Place, Fill with Grout 1292 LF 10 12,920.00 2 ...._._...._....._.. 4,000) 20,000.00 _. - _. e. Control Density Fill 300 b. Remove Existing SSMH 6 EA 400 2,400.00 High Density Polyethylene Pipe ( HDPE) c. Abandon Existing SS MH Fill Bottom with Grout I EA 1,100 1,100.00 Manholes 1800 LF 2501 3 a. 48" SSMH 9 EA 7,500 67,500.00 b. 60" SSMH 2 EA 8,500 17,000.00 Poly Vinyl Chloride (PVC) Pipe 11,400.00 c. 12 inch diameter HDPE Pipe (H Street) 173 LF a. 6 inch PVC SS (C-900) 80 LF210 _ 16,800.00 4 b. 8 inch PVC SS (C-900) 117 LF_ 175 20,475.00 c. 10 inch PVC SS (C-900) 1 181 LF 230 271,630.001 LS d. 15 inch PVC SS(C-905) 20 LF 385 7,700.001 5 Sanitary Sewer Lateral 32 EA 6,000 192,000.001 EA 4,700 75 200.00 Subtotal B = b. Type A Curb and Gutter350 609,525.00 1 C. STORM DRAIN 6 Clearing and Grubbing 1 LS 28,000 28,000.001 Minor Concrete - Minor Structures a. Type B Manhole 6 EA 7,500 45,000.00 b. Type Z Box 1EA 26,0001 26,000.00 7 - .__ c. Type Y Box 1 EA 23,0001 23,000.001 d. Type E Catchl3asin _�___..._._ EA� ( 4,000) 20,000.00 e. Control Density Fill 300 CY1 ( 901 27.000.001 High Density Polyethylene Pipe ( HDPE) I 1 a. 36 inch diameter HDPE Pipe 1800 LF 2501 450,000.001 8 b. 15 inch diameter HDPE Pipe (Forbes) 38 LF 300 11,400.00 c. 12 inch diameter HDPE Pipe (H Street) 173 LF 2601 44.980.00 Subtotal C = 1 675,380.001 D. ROADWAY IMPROVEMENTS 1 9 Clearing and Grubbing 1 LS 5,000 5,000.00 Minor Concrete - Minor Structures 10 a. Concrete Curb Ramps 16 EA 4,700 75 200.00 b. Type A Curb and Gutter350 LF 60 21,000.001 ._.__ 1 1-_.._- Edge Grinding (4' w7dth)�__... 1460 SY 8.00 �.._._._ 11,680.001 ^^� 12Class I[Aggregate Base (I l") _ _ � }Concrete 1420 Ton � 48 68,160.001 ,Asphalt 13_-_ a. 8- Asphalt Section over�I'rench mm - _-� 855 Ton-� 90 76.950.001 b. 14 inch Deep Lift Asphalt (Digouts) 140 Ton 180 1 25200.001 �� c. 2 inch Asphalt Resurfacing wifabric 850 Ton 85 j _... 72 250.001 k1l Item Description Pavement Markings and Striping a. Double Yellow Centerline Stripe DT 22 b. DT 3 8 c. DT27B - d. Ladder Crosswalks 14 e. 12" Thermoplastic Crosswalk Stripe G "STOP„ g. Arrows Type IV(_R) h. Arrows 'Type VIII(L) i. Red Curb _._.._..._.._.._ j. Blue Fire Hydrant Buttons Estimated Unit of Unit Price Cost Quantity Measure 1500LF _ _._ __._m.. 1.65 2,475.00 -_.._.._380.00 200 LF 1.90 45 LF 1.00 45.00 3 EA 660 1,980.00 700 LF ..._.__.... _..__._ _ 3.50 2,450.00 T 3 EA 300 _ 900.00 2 EA_ _ 75 150.00 2 EA 150 300.00 550 LF 1.50 825.00 4 EA I 14 _ 56.00 Subtotal D = 365,001.00 Total Base Bid (A+B+C+D) = 1,776,906.00 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) 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 five (5) working days make such inspection. (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) The malting 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 twelve (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. (d) 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 terns 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 ypFO�^�roRM: REpsteif7 City Attorney File No: 08.02.245 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director CONTRACTOR:. ! d � 1, Gh`i�otti Const�ucti,6n Inc. 0 w 1 922 0 T .. � � W 191` Since 4 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 21St 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 27th day of August, 2012. Stacy L. M,11 Secretary 1,J --- Engineering Contractor -- 246 GHILOTTI AVENUE e SANTA ROSA, CA 95407 e 707-585-1221 e FAX: 707-585-0129 NTRAC'"CAS DCE NSE. 46.145' -, KJ114i 10,"MI 14 RAI 1.1 - u �; � i a !� �. I r� p ! ala dr�u�u�wu u�iul: 77777777772 T T, S,,,cc 1914 LETTER OF TRANSMITTAL TO: CITY OF SAN RAFAEL 111 MORPHEW STREET SAN RAFAEL, CA 94915 ATTN: KEVIN McGOWAN WE ARE SENDING YOU: El ENCLOSED THE FOLLOWING ITEMS: CONTRACTS LJ SOILS REPORT ❑ COPY OF LETTER D PLANS COPIES ]=NUMBER 3 7/21/14 1 3 7/21/14 070018565 3 7/24/14 91 DATE: 7/28/14 JOB/PROJECT: H STREET ROADWAY IMPROVEMENT PROJECT (CITY #11206 / GCC #5572) 0 UNDER SEPARATE COVER VIA: —Fed Ex__ L3 SPECIFICATIONS L3 DBE SUBMITTALS D SAMPLES L3 DESCRIPTION SIGNED CONTRACTS PERFORMANCE & PAYMENT BONDS INSURANCE CERTIFICATES CORPORATE RESOLUTION AUTHORIZING CONTRACT SIGNER TO BIND CORPORATION THESE ARE TRANSMITTED as indicated below Q For your approval 21 For your use El As requested D Approved as submitted Ll Approved as noted Ll Returned for corrections L3 Resubmit for approval Ll For review and comment L3 For quotation Ll For bids due Ll For Your Signature REMARKS: i Please let me know if you need anything further. i 1 Thank you, BY- LauraVidalgo Contract Administkator If enclosures are not as noted, kindly notify the above as soon as possible. — Enginep_Hng Contractor ----------- 246 GFIILOTTI AVENUE o SANTA ROSA, CA 95407.707 5,85-1221 e FAX: 707-585-0129 STii'F CONTRAICTCRS LICE^dSE 4644,515 :� � � � utw .; ' UPETY CONTRACT BOND - CALIFORNIA Executed in Triplicate FAITHFUL PERFORMANCE - PUBLIC WORK Initial premium charged for this bond is $15,569.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENT'S, That Ghilotti Construction Company, Inc. of 246 Ghilotti Avenue, Santa Rosa, CA 95407 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 Million Seven Hundred Seventy-six Thousand Nine Hundred Six Dollars And Zero Cents Dollars ($1,776,906.00 }, 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 SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated July 21 , 2014 , with the City of San Rafael to do and perform the following work, to -wit: H Street Roadway Improvement Project, City Project No. 11206 NOW. THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FI 1RTHER'THAT, Any suit under this bond must be instituted before the expiration of two (2) years (i-om the date of substantial completion of the work to be perfonned under the Contract. Signed and sealed this 24th day- of July , 2014 � 1td�t,JR tiy�i��iy 9j•, i y� As4 CH10 C %A 7 * t I t vM:- tr:;ri9. 10r4�:. Ghilotti Construction Company, Inc. f principal I�I dd •' � k — _„ vP Liberty Mutual Insura it ,Cgafpiqnyet -. J An' B. Pilgard, 4Attorncy-in-Fact ACKNOWLEDGMENT State of California County of Placer On July 24, 2014 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) Z0 ;:>UREYY Bond #070018565 CONTRACT BOND - CALIFORNIA PAYMENT BOND Executed in Triplicate KNOW ALL BY TIiESE PR SENfS, That we, Ghilotti Construction Company, Inc. and the Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Ma.ssaclausetts and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Rafael ,as Obligee, in the sum of One Million Seven Hundred Seventy-six Thousand Nine Hundred Six Dollars And Zero Cents Dollars ( $1,776,906.00 ), 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 SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 21 st day of July 2014 , with the Obligee to do and perform the following work, to -wit: I-1 Street Roadway Improvement Project, City Project No. 11206 NOW, THEREFORE, if the above -bounden Principal or his,/her subcontractors fail to pay any of the persons named in Section 9d00 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 Linder 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 24th day of No premium is charj__cd for this bond. It is executed in connection with a pond for the performance of the contract. Lans-.0".Ir, ;orae July , 2014 Ghilotty Construction Company, Inc. r F Principal it �l` 1J P"r'p• rrl ip V J/ L' Liberty Mutual Insurance Company., By J4t1a„. Pilgard, Attorney-in-fact ACKNOWLEDGMENT State of California County of Placer On July 24, 2014 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. d° Signature...a��, (Seal) f 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. 6,36278 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 R 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 underthe 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. Piloard: Kathv Ranael: Robert D. Laux all of the city of Roseville state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2tst day of April , 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company j Liberty Mutual insurance Company West American Insurance Company l Q By: A STATE OF PENNSYLVANIA ss David M. Carey`Assistant Secretary +� COUNTY OF MONTGOMERY On this 21st day of Apnl 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v ell 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, p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. to a? IN WITNESS WHEREOF, I have hereunto subscribed my name_ and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. NBy. 'Q 1 0 i Teresa Pastella , Notary Public 4) Q _ m This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican fire and Casualty Company, The Ohio Casualty Insurance d Company, Liberty Mutual Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows: f i ARTICLE IV- OFFICERS - Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject I . to such limitation as the Chairman or the President may prescribe, shalt appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal. 1 O C- 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 Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so sw i executed, such instruments shalt 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 #act under T 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. M C 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. > i 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, O seal. acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such allomeys-in-fact subject to. the limitations set forth in their iZ 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 l executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company. acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys -m- fact as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -' By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds. shall be valid and binding upon the Company with the same force and effect as though manually affixed. I Gregory W. Davenport, the undersigned, Assistant Secretary. ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance Company. Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said I Companies, is in full force and effect and has not been revoked. s IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this 24th day of ,July 4 LMS 12873 122013 20.14 � r By'--- -- Gregory W. Davenport, Assistant Secretary 218 of 250 0 DATE "A CERTIFICATE OF LIABILITY INSURANCE 17/24/2014 D 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 INSURED GHILCON-01 Ghilotti Construction Company, Inc. 246 Ghilotti Avenue Santa Rosa CA 95407 CNrA CT NAME: Valerie Porter -Browne a"c Nr o. Extr415-391-2141 I FAX No1:415-989-992 __. ADDRess:v_Dgrter-brownerd)wsandco. com INSURER(S) AFFORDING COVERAGE I NAIC # INSURERA:Old Republic General Insurance Corp 124139 INSURER B: INSURER C: I INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 95610112 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 TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP I LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYYI IMM/DD/YYYYI A GENERAL LIABILITY Y AlCG37541410 3/31/2014 3/31/2015 I EACH OCCURRENCE I $2 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR GEN'L AGGRE(G�ATjE LIMIT APPLIES PER: POLICY ^ i ,PRO- j r I ji LOC A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB HCLAIMS-MADE DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below AlCA37541410 Al CW94681411 DAMAGE TO RENTED I $100,000 PREMISES (Ea occurrence) MED EXP (Any one person) I $5,000 PERSONAL & ADV INJURY I $2,000,000 GENERAL AGGREGATE I $4,000,000 PRODUCTS -COMP/OP AGG I $2,000,000 $ 3/31!2014 3/31!2015 COMBINED SINGLE LIMI I (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ EACH OCCURRENCE AGGREGATE 4/2/2014 4/2/2015 X WC STATU- I 1OTH- I IMITS FR E.L. EACH ACCIDENT $1,000,000 I E.L DISEASE -EA EMPLOYEE $1,000,000 E L. DISEASE - POLICY LIMIT I $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GCC Job #5572, City Project No. 11206, H Street Roadway Improvement Project. 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 H Street Roadway Improvement Project City project #11206 between the City of San Rafael and Ghilotti Construction co, for the work & improvements described 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 09 06 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 AUTHORIZEQ REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AiCG37541410 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(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. 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 O Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: AlCG37541410 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Location And Description Of Completed Operations' Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — 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 04'13 © insurance Services Office, Inc., 2012 Page 1 of 1 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): As required by written contract Location(s) of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Policy Number Policy Period Producer's Name: Producer Number: Ghilotti Construction Company, Inc. Al CG37541410 Endorsement No. 3/31/14-3/31/15 Endorsement Effective Date: 3/31/14 AUTHORIZED REPRESENTATIVE CG EN GN 0029 09 06 3/28/14 DATE CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is hereby given that the City of San Rafael Department of Public Works will receive bids for furnishing all labor, materials, equipment and services for H Street Roadway Improvement Project City Project No. 11206 Project Description: This project consists of all associated work involved with the removal and replacement of storm drain and sanitary sewer, reconstruction of ADA curb ramps and overlay of the existing street, constructing concrete structures, and abandoning pipes. Each bid shall be in accordance with the plans and specifications dated June 18, 2014, and other contract documents, now on file with the City Clerk, City Hall, San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. O. Box 151560, San Rafael, CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. Each bid shall be made out on the form to be obtained at the Department of Public Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before July,v9,,"2014 at 10:00 am. The City reserves the right to reject any or all bids or to waive any informality in a bid. 's/Kevin McCowan Kevin McGowan City Engineer Dated: June 18, 2014 Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS,1400 FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO. 0005219222 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 6123(2014 I certlty (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 23th day of June, 2014 T� �✓'�''ti-s1vC-- r�,�li�'v�v'LGt J Signature Legal No. 0005219222 CITY OF SAN RAFAEL- DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is hereby given that the City of San Ra- fael Department of Public Works will receive bids for furnishing all labor, materials, equip- ment and services for H Street Roadway Improvement Project City Project Nm 11206 Project Description: This project consists of all associated work in- volved with the removal and replacement of storm drain and sanitary sewer, reconstruction of ADA curb ramps and overlay of the existing street, constructing concrete structures. and abandoning pipes. Each bid shall be in accordance with the plans and specifications dated June 18, 2014, and oth- er contract documents, now on file with the City Clerk, City Hall, San Rafael, California: and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. 0. Box 151560. San Rafael, CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section IT70 of the Labor Code of the State of California, the City of San Rafael has ascer- tained the general prevailing rate of per them 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. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. Each bid shall be made out on the form to be obtained at the Department of Public Works, 111 Morphew Street. San Rafael, California 94901 and shall be accompanied by cash. certi- fied check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael: shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209 San Rafael, Cali- fomia 94901 on or before JUjy 9, 2014 at 10:00 am The City reserves the right to reject any or all bids cr to waive any informality in a bid. /s/Kevin McGowan Kevin McGowan City Engineer Dated: lune 18. 2014 no. 785 tun 23, 2014 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 aLreements/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; 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 `f� contracting department. To be completed by Contracting Department: Project Manager: , F Project Name: 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 520,000 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. SRCC AGENDA ITEM NO. DATE OF MEETING: July 21, 2014 FROM: Nader Mansourian DEPARTMENT: Public Works FILE NO.: 08.02.245 DATE: July 8, 2014 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206, TO GHILOTTI CONSTRUCTION INC., IN THE AMOUNT OF $1,776,906.00 (BID OPENING HELD ON MONDAY, JULY 14, 2014). Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED REMARKS- APPROVED AS TO FORM: City Attorney (signature)`