HomeMy WebLinkAboutPW Street Resurfacing ARRA 2009 ProjectAgenda Item No: 4
Meeting Date: September 8, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Z/ Ile— City Manager Approval -
Director of Public Works (DD)
File No. 16.06.67
SUBJE T: REPORT ON BID OPENING AND RESOLUTION AWARDING THE
CONTRACT FOR STREET RESURFACING AMERICAN RECOVERY AND
REINVESTMENT ACT 2009 REBID, PROJECT NO. 11108, FEDERAL AID
PROJECT NO. ESPL-5043(030) TO GHILOTTI BROS., INC., IN THE AMOUNT
OF $1,137,285.30.
RECOMMENDATION:
Adopt resolution.
BACKGROUND:
The Street Resurfacing American Recovery and Reinvestment Act 2009 project targets two
arterial and two collector streets throughout the City of San Rafael for resurfacing. The streets
to be repaired are: Kerner Boulevard from Bellam Boulevard to Canal Street, Las Gallinas
Avenue from Montevideo Way to Lucas Valley Road, Nova Albion Way from Las Gallinas
Avenue to Northgate Drive, and Smith Ranch Road from Old Redwood Highway to Silveira
Parkway.
The City expects to receive $1,188,000 from the President's Economic Stimulus Program,
which will be spent on this street resurfacing project. There are constraints on the Economic
Stimulus money such as having to award the project 75 days and that the money can only be
spent on arterial or collectors streets that are listed on the Federal Highway Administration's list.
On April 20, 2009, the City Council adopted the plans and specifications for this project and
authorized the City clerk to call for bids. Caltrans sent the authorization to advertise on July 21,
2009, and the project was originally advertised on July 22, 2009, and that original bid opening
was on August 13, 2009. It was determined that there were irregularities in the bid documents
and all the bids were rejected at the City Council meeting on August 17, 2009. On August 20,
2009, the project was re -advertised to bid and the bid opening took place on September 1,
2009. The following contractors submitted proposals:
1. Ghilotti Bros, Inc. $1,137,285.30
2. Ghilotti Construction Company $1,189,891.24
FOR CITY CLERK ONLY
File No.: 1-1-1-1710 ,,
Council Meeting: 9Its/J
Ig -10 a/
Disposition: �ESaAU ��eN # /.29-10
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2
ANALYSIS:
Caltrans requested that the American Recovery and Reinvestment Act 2009 projects be
streamlined in order for them to review the projects coming to them from all of the cities and
counties in their districts within the time constraints. In order to do this, two projects were put
out to bid to prepare for this street resurfacing project. One project, "Deep Lift Asphalt Repairs
08/09", formally bid, repaired the street failures and another project "Street Resurfacing 08/09 —
ADA Curb Ramps", was informally bid and constructed the ADA required curb ramps on the two
arterial and two collector streets.
In February of this year, all of the City's streets were evaluated using the Street Saver Program
approved by MTC. The four streets selected for resurfacing were the most needing of repair
from the Federal Highway Administrations list of collectors and arterials within the City of San
Rafael.
The following is a list of the Engineer's Estimate and the bids received:
Enaineer's Estimate $1.503.635.45
1. Ghilotti Bros., Inc. $1,137,285.30 (-24.3%)
2. Ghilotti Construction Company, Inc. $1,189,891.24 (-20.9%)
Refer to the attached Bid Summary Sheet for complete details on Unit and Total Prices of
Items.
FISCAL IMPACT:
The total projected cost for this project is as follows:
Category -Eden Expense Code Amount Note(s)
Design -01 In-house.
Construction -02 $1,307,878.00 Lowest bid, includes 15% contingency
Construction Management -03
Land Acquisition -04
Site Testing -05 $10,000.00
Furniture and Equipment -06
Supplies and Services -07
Personnel -08
Construction Inspection -99
Total Projected Cost $1,317,878.00
We request that the Council approve $1,317,878.00 for the project, from the following funding
source(s):
Source Amount Note(s)
ARRA 2009 $1,188,000.00
Local Measure A $129,878.00 Portion of 09-10 allocation of $454,934
Total Available Funds $1,317,878.00
OPTIONS:
The Engineer's Estimate was $1,503,635.45. Ghilotti Bros., Inc., with a bid of $1,137,285.30, is
the lowest and responsible bidder for this project. The City Council may reject all bids, but staff
does not recommend this option, since the bids reviewed are very competitive and the City
would lose their American Recovery and Reinvestment Act 2009 allotment of $1,188,000
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3
because we would not have enough time to rebid the project and award the project before the
deadline of September 21, 2009.
ACTION REQUIRED:
Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti
Bros., Inc. in the amount of $1,137,285.30.
Enclosures (2)
1. Bid Summary
2. Resolution
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RESOLUTION NO. 12830
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING THE CONTRACT FOR STREET RESURFACING AMERICAN
RECOVERY AND REINVESTMENT ACT 2009 REBID, PROJECT NO. 11108,
FEDERAL AID PROJECT NO. ESPL-5043 (030) TO GHILOTTI BROS., INC., IN
THE AMOUNT OF $1,137,285.30.
WHEREAS, on the 1" day of September, 2009, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for 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
AMERICAN RECOVERY AND REINVESTMENT ACT 2009 REBID"
PROJECT NO. 11108
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the streets designated for resurfacing are eligible to be funded
utilizing Federal Stimulus and Local Measure A funds; and
WHEREAS, the bid of Ghilotti Bros., 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 therefore.
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
bid of Ghilotti Bros., Inc. and the same is hereby accepted at said unit prices and that
11:
d
PROOF OF PUBLICATION
(2015.5 C.C.P.)
................................................................................................
CITY OFSAN RAFAEL
................................................................................................
STREET RESURFACING NO. 11108
STATE OF CALIFORNIA
County of Marin SS
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 prin-
cipal clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a neMrSpaper 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 dale of FEBRUARY 7, 1955, CASE NUMBER 25568;
that the notice, of which Lhe annexed is a printed copy (set in
type not Gmaller than nonpareil), has been published in each
re.-ular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
.......................................................................................
AUG. 20
all in the year 2009.
I certify (or declare) undex penalty of peijtiry that the
furegoing is true and correct.
..................... �..v i,.� ,.�..............
I
nt� L)S
D..� ' '
atea tnfs....2p.....d,t;• t.1f....... AUk :.....•.....2Q,09
RETIQFNRAFEIYSAA
209 AUG 24 PM 1: 52
Proof of Publication of
PROOF OF PUBLICATION
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 Depart-
ment of Public Works will receive bids for furnishing all
labor, materials, equipment and services for
STREET RESURFACING
AMERICAN RECOVERY AND REINVESTMENT
ACT 2009 REBID CITY PROJECT NO.11108
FEDERAL AID PROJECT NO. ESPL 5043 (030)
Each bid shall be In accordance with the plans, specMica-
tlons and other contract documents now on file with the
City Clerk, City Hall, San Rafael, California; and may be ex-
amined and copies may be obtained at the Department of
Public Works, 111 Morphew Street, P. 0. Box 151560, San
Rafael, CA 94915-1560. Cost shall be Twenty Five Dollars
($25.00) per set, non-refundable. Cost of malling 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 Ra-
fael 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 con-
tract 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, CalHomia 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, Room
209, 1400 Fifth Avenue, San Rafael, California 94901 on or
before 10:00 A.M., Tuesday, September 1, 2009.
The City reserves the right to reject any or all bids or to
waive any informality In a bid.
Dated: August 20, 2009
/S/ ESTHER BEIRNE
City Clerk
NO.1457 AUGUST20,2009
City of San Rafael • California
Form of Contract Agreement
for
Street Resurfacing
American Recovery and Reinvestment Act 2009 Rebid
City Project No. 11108
Federal Aid Project No. ESPL 5043 (030)
This Agreement is made and entered into this Sr�' day of September 2009 by and
between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc.
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
II - 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 shown on the plans and described
in the specifications for the project entitled: Street Resurfacing American Recovery
and Reinvestment Act 2009 Rebid, City Project No. 11108, Federal Aid Project No.
ESPL 5043 (030), 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 the City by contractor under this
Agreement shall be primary and excess of any other inslir-^- ble to the City.
III- Time of Completion,
(a) The work to be performed under C��Z/� % imenced within 5
calendar days after the date of wi the Contractor to
proceed.
(b) The work shall be completed within G}���J ite of such notice
and with such extensions of time as s C �i l Conditions.
IIII - Liquidated Damages'
It is agreed that, if all the work required uy 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 $1,000 for each and every working day's delay in finishing the
work in excess of the number of working days prescribed above; and the Contractor
agrees to pay said liquidated damages herein provided for, and further agrees that the
City may deduct the amount thereof from any moneys due or that may become due the
Contractor under the contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
AGREEMENT 0 1
NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1.
Mobilization (Not to exceed 3% of
1
43,964.55
Total Bid)
a
2.
Traffic Control
1
3.
Asphalt Concrete Overlay (Type A)
10,977
4.
Cold Planing
420.00 =
17,220.00
a. Edge Grind 6'
41,871
400.00 =
b. Conform Grind 10'
676
5.
Fabric Reinforcement
27,083
6.
Adjust Storm Drain Manhole
41
10 875.00
Castings to Grade
a
7.
Adjust Sanitary Sewer Castings to
43
rr
Grade
3,000.00
8.
Adjust Water Valves to Grade
55
9.
Adjust Monuments to Grade
29
10.
Traffic Loop Installation
14
11.
Traffic Striping
a. Install White Thermoplastic
8,182
Legend
b. Install Yellow Thermoplastic
2,725
Legend
c. Install 4" Yellow Striping
251
d. Install 4" White Striping
18
e. Install Detail 9 Striping
5,161
f. Install Detail 22 Striping
5,351
g. Install Detail 25 Striping
4,240
h. Install Detail 27 Striping
111
i. Install Detail 27B Striping
10,000
j. Install Detail 29 Striping
672
LS d 3,000.00 = 3,000.00
LS a 9,704.00 = 9,704.00
TON a 85.00 = 933,045.00
LF
@
1.05 =
43,964.55
LF
a
6.00 =
4,056.00
SY
a
1.25 =
33,853.75
EA
r(i
420.00 =
17,220.00
EA
d:
400.00 =
17,200.00
EA
@
25.00 -
1,375.00
EA
a
375.00 -
10 875.00
EA
a
279.00 =
3,906.00
SF
`!'
4.00 =
32,728.00
SF
"
4.00 =
10,900.00
LF
`t
1.00 =
251.00
LF
n
1.00 =
18.00
LF
a
.40 =
2,064.40
LF
n
1.00 =
5,351.00
LF
@
.40 =
1,696.00
LF
"
.30 =
33.30
LF
rr
.30 =
3,000.00
LF
n
.40 =
268.80
AGREEMENT 2
k. Install Detail 32 Striping
94
LF
@
1.00 -
94.00
1. Install Detail 37B Striping
612
LF
@
.40 -
244.80
in. Install Detail 38 Striping
2,024
LF
@
.40 -
809.60
n. Install Detail 39 Striping
3,767
LF
@
.30 -
1,130.10
o. Install Detail 39A Striping
760
LF
@
.30 -
228.00
p. Install Detail 40A Striping
94
LF
@
1.00 -
94.00
q. Blue Retroreflective Raised
35
EA
@
5.00 -
175.00
Pavement Marker
GRAND TOTAL BID $ 1,137,285.30
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). On not later than the 15th day of the month, the City shall, after deducting previous
payments made, pay to the Contractor 90% of the amount of the estimate as
approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration of
35 days following the filing of the notice of completion and acceptance of the work by
the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract from
time to time, without retention of any portion of the payment by the public agency,
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractor, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
AGREEMENT • 3
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 Contractor shall provide a "Defective Material and Workmanship Bond" for 50%
of the Contract Price, before the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made and
still unsettled.
(e) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
CITY SAN RAFAEL:
'I
Albert J. Boro ayor
ATTEST:
Esther C. Beirne, City Clerk
APPROVED AS TO FORM:
Robert F. Epstein, City Attorney
CONTRACTOR: GHILOTTI BROS., INC.
Printed Name: MICHAFT hL (;1iTT 11
Title: PRUDENTf I'REA LMR
AGREEMENT 0 4
GHILO TI BROS., INC.
525 JACOBY STREET, SAN RAFAEL, CALIFORNIA 94901
PHONE: (415) 454-7011 FAX: (1.15) 454-8376
CALIFORNIA LICENSE NO. 132128
CORPORATE RESOLUTION
I, Michael M. Ghilotti, President/'Treasurer of Ghilotti Bros., Inc., a
corporation organized under the laws of the State of California, do hereby
certify that the following resolution is a full, true and correct copy of a
resolution of the Board of Directors of said corporation, duly and regularly
adopted by the Board of Directors in confonnance with applicable law and
bylaws of said corporation on the 25"' day of June, 2002.
RESOLVED, that Michael M. Ghilotti, is hereby authorized to sign all
appurtenant documents for Ghilotti Bros., Inc.
I further certify that said. resolution has not been amended or revoked and is
still in full. force and effect.
IN WITNESS WTIE1W.OF, we the Board of Directors set forth our names
and affix the seal of said corporation, this 25t" day of June, 2002.
Michael M. Ghilotti
kl
Mario M. Ghifo ti
Dante W. Ghilotti P
Eva R. Ghilotti
Bond Executed in Triplicate
FAITHFUL PERFORMANCE BOND Bond No 08982559
PUBLIC WORK
(The premium charged on this bond is $ 7,284.00 being at
the rate of -R 100,000 @ 8.75 per thousand of the contract price)
Next $400,000 @ 6.56/M; Next $2,000,000 @ 5.94/M
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS the City of San Rafael
State of California, entered into a contract dated September 9th 2009 , with
Ghilotti Bros., Inc.
hereinafter designated as the "Principal,"
for the work described as follows: Street Resurfacing American Recovery and Reinvestment Act 2009 Rebid
City Project No. 11108, Federal Aid Project No. ESPL 5043 (030)
; and
WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful
performance of said contract.
NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland a
corporation organized and existing under the laws of the State of Maryland,
and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto
City of San Rafael in the penal sum of
One Million One Hundred Thirty Seven Thousand Two Hundred* Dollars ($ 1,137,285.30 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according, to their true intent and meaning, and shall indemnify and save harmless the
City of San Rafael its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying
the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, We have hereunto set our hands and seals thiq 9th day of September 2009
*Eighty Five & 30/100 --
PRF71001 CA0201 f
Ghilotti Bros., Inc.
By
(� /� Principal
�� t 1�1. .i-�Cr. �
Michael M. Ghilott' President/Treasurer
Fidelity and Deposit Company of Maryland
By 4ZZ4
Kelly Holt4nann Attorney -in -Fact
ACKNOWLEDGMENT
State of California
County of Marin
On September 14, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, President/Treasurer
who proved to me on the basis of satisfactory evidence to be the person�K whose name(pl isiare-
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/hei4t#eir authorized capacity(.iW, and that by his/herAheir signature( on the instrument the
person(s), or the entity upon behalf of which the persons 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. F,: ;� KATHLEEN J. FREW ECKP; U
Commission # 1704510
a tt' Notary Public - California
~O'aro Marin County
MyComm ElpiesNov 13 2010
Signature (Seal)
State of California
County of __ Marin
On 219 / 09
ACKNOWLEDGMENT
before me, J. DeLuca, Notary Public _
(insert name and title of the officer)
personally appeared Kellv Holtemann
who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(s4 is/afa
subscribed to the within instrument and acknowledged to me that #e/she/tom executed the same in
ti her/th& authorized capacity(iee� and that by t-Ae/her/heir signature(r� on the instrument the
person(, or the entity upon behalf of which the person() 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)
rJ. DELUCA D
0 w A _ COMM. #1815054 T
d► NOTARY PUBLIC -CALIFORNIA
Q
MARIN COUNTY
My Comm. Eire-& October 24 2012 i
Bond Executed in Triplicate
PAYMENT BOND
PUBLIC WORK
Section 3247-3252 inclusive, Civil code)
(Premium included in Faithful Performance Bond)
KNOW ALL MEN BY THESE PRESENT:
That, Whereas
City of San Rafael
Bond No. 08982559
Premium: Included
has awarded to
Ghilotti Bros., Inc.
as Principal, a contract for the work described as follows: Street Resurfacing American Recovery and
Reinvestment Act 2009 Rebid, City Project No. 11108, Federal Aid Project No. ESPL 5043 (030)
AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the
payment of claims of laborers, mechanics, materialmen, and other persons as provided by law:
NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the
City of San Rafael
in the amount required by law, the sum of
One Million One Hundred Thirty Seven Thousand Two Hundred Eighty Five & 30/100 ---
Dollars ($ 1,137,285.30 ) for which payment well and truly be made we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors,
administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code
Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed
by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment
Development Department from the wages of employees of the principals and his subcontractors pursuant to
section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or
Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable
attorney's fee to be fixed by the court.
PAY71001CA0202f
In witness Whereof, We have hereunto set our hand and seals this 9th
day of September 2009
Ghilotti Bros., Inc.
Principal
By;
Michael M. Gh lot i, President/Treasurer
Fidelity and Deposit Company of Maryland
By:
Kelly Holtem nn , Attorney -In -Fact
ACKNOWLEDGMENT
State of California
County of Marin )
on September 14, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, President/Treasurer
who proved to me on the basis of satisfactory evidence to be the persona,' whose name0s) is/nre
subscribed to the within instrument and acknowledged to me that he/she/t ey executed the same in
his/herAheir authorized capacity(.ies), and that by his/hrer/their signature(W n the instrument the
person(s), or the entity upon behalf of which the personk;o7 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 ,;-;, r, KATHLEEN J. fR:'�WMECKHAUSCommission 1704510
Z
m Notary Public - California
Marin County
NN Canm. Exprns Nov 13, 2010
Seal
Signature v� ,�
9 (Seal)
ACKNOWLEDGMENT
State of California
County of Marin _)
On __219/09 before me, J. DeLuca, Notary Public
(insert name and title of the officer)
personally appeared Kellv Holtemann
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s� is/are
subscribed to the within instrument and acknowledged to me thathe/she/" executed the same in
-i�lher/tJit* authorized capacity(4e&� and that by 1�e/herM-ieir signature( on the instrument the
person(, or the entity upon behalf of which the person(.&) 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)
J. DELUCA
0emy
COMM. #1815054
NOTARY PUBLIC -CALIFORNIA O
/MARIN COUNTY
\ vvv Comm. Expires October 24, 2012 4
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Latd Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff tOblkria-reol. does hereby
nominate, constitute and appoint Kelly HOLTEMANN and Joan DEL or , California, EACH
its true and lawful agent and Attorney -in -Fact, to make, exec , fo as surety, and as its
act and deed: any and all bonds and undertakin n o ertakings in pursuance of these
presents, shall be as binding upon said y, d a 1 7A i and purposes, as if they had been duly
executed and acknowledged b CoIMcted �i pany at its office in Baltimore, Md., in their own
proper persons. Thgt�att rLv
k¢fil,�i�ehalf of Kelly HOLTEMANN, dated August 30, 2007.
The said Assistant
Section 2, of the By-
J5�rtffkthat the extract set forth on the reverse side hereof is a true copy of Article VI,
, and is now in force.
IN WITNESS WIItREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December,
A.D. 2007.
ATTEST:
'gy'D DEPOs,41i
_ a
J
State of Marylandl ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretan1
al
77n odore G. iYlartinez
On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me per%orally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknim ledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that the\ arc till said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official tical the day and year first above
written.
All
POA -F 016-0949G
Constance A. Dunn Notao, Public
My Commission Expires: July 14, 2011
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. `T
DATE OF MEETING: 9/8/09
FROM: Nader Mansourian (DD) A � E
i�r�.E.0 i rt.,.-- r. j
DEPARTMENT: Public Works
DATE: 9/3/09
TITLE OF DOCUMENT:
SEP O 3 2009
CITY ATTORNEY
REPORT ON BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR STREET
RESURFACING AMERICAN RECOVERY AND REINVESTMENT ACT 2009 REBID, PROJECT NO.
11108, FEDERAL AID PROJECT NO. ESPL-5043(030) TO GHILOTTI BROS., INC., IN THE AMOUNT OF
$1,137,285.30.
Department Head (signature)
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
k T M:
er (signature)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
�� - 7. (: �) , cf
City Attorney (signature)
File No.: 16.06.67
e
L
PROGRAM SUPPLEMENT NO. N020 Date: July 28,2009
to Location: 04 -MRN -0 -SRF
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:ESPL-5043(030)
FOR FEDERAL -AID PROJECTS NO. 04-5043R E.A. Number: 04-925477
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 10/23/07 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
In San Rafael at Nova Albion Way, Kerner Blvd., Knight Drive, Smith Ranch Rd., and Las Gallinas Avenue.
TYPE OF WORK: Asphalt Concrete Overlay
Estimated Cost Federal Funds
C230 $1,188,000.00
$2,133,659.00
CITY OF SAN RAFAEL
Date
Attest
Title cmy CL.EQK
LENGTH: O(MILES)
Matching Funds
LOCAL OTHER
$945,659.00 $0.00 $0.00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal owledge that budge ed funds are available for this encumbrance:
Accounting Officer % , Date 71 g/c
Chapter I Statutes I Item J I Year I v Program BC I Category I Fund Source
268 2008 2660-603-890 2008-2009 20.30.010.810 F 228010 898-F
$1,188,000.00
AMOUNT
1,188,000.00
Program Supplement 04 -5043R -N020- ISTEA Page 1 of 5
0
04 -MRN -0 -SRF
ESPL-5043(030)
SPECIAL COVENANTS OR REMARKS
0728 2009
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal -aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
6. The Administering Agency shall not discriminate on the basis of
race, religion, age, disability, color, national origin, or sex
in the award and performance of any Federal -assisted contract or
in the administration of its DBE Program Implementation
Program Supplement 04 -5043R -N020- ISTEA Page 3 of 5
0`4 -MRN -0 -SRF
ESPL-5043(030)
SPECIAL COVENANTS OR REMARKS
using other funds, and
07/28/2009
5) To comply with the reporting requirements, terms and
conditions set forth in Sections 1201 and 1512 of the Recovery
Act and as designated by the STATE. Failure to comply will
result in retentions from progress payments due ADMINISTERING
AGENCY and/or other sanctions,
6) Recovery Act funds are available for liquidation only until
September 30, 2015 when the remaining balance of Recovery Act
funds will expire. ADMINISTERING AGENCY agrees to submit an
invoice for the balance of project Recovery Act funds (if any) to
the STATE prior to July 1, 2015.
Program Supplement 04 -5043R -N020- ISTEA Page 5 of 5