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HomeMy WebLinkAboutCC Resolution 10538 (Olice & Palm Ave Storm Drain Replacement)RESOLUTION NO. 10538 RESOLUTION OF AWARD OF CONTRACT FOR `OLIVE AND PALM AVENUE STORM DRAIN REPLACEMENT" TO GHILOTTI CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF S 154,647.50 WHEREAS, on the 30th• day of November, 1999, 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: "PALM AND OLIVE AVENUES STORM DRAIN REPLACEMENT" PROJECT NO. 042-4210-627-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Construction Company, 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 therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Construction Company, Inc., and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Construction Company, Inc., at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Construction Company, Inc., for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works 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, JEANNE M. LEONCINI, 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 Council of said City on Monday, the 6th day of December, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phi 11 i p . LEONCINI, City Clerk PROJECT NUMBERS: 042.4210-627-8000 PROJECT NAME: OLIVE AND PALM AVES. STORM DRAIN REPLACEMENT ITEM I DESCRIPTION I QUANTITY UNITS OLIVE AVE. STORM DRAIN REPLACEMENT 1-1 CLEARING & GRUBBING LUMP SUM LUMP SUM 1-2 CONCRETE SIDEWALK 140 SF 1-3 TYPE "A" CURB & GUTTER 51 LF 1-4 MODIFIED TYPE "E" CATCH BASIN 2 EA 1-5 36" PVC STORM DRAIN 103 LF 1-6 30" REINFORCED CONCTRETE PIPE 16 LF 1-7 36730" TRANSISITION CONNECTION 2 EA 1-8 MODIFIED SADDLE MANHOLE 1 EA 1-9 CONCRETE PAVEMENT 1034 SF 1-10 HEADWALL REPLACEMENT LUMP SUM LUMP SUM $490.00 SUB -TOTAL "A" $560.00 $25.00 PALM AVE. STORM DRAIN REPLACEMENT 2-1 CLEARING & GRUBBING 2-2 30" PVC STORM DRAIN 2-3 ASPHALT PAVING 2-4 LAWN 2-5 CONCRETE PAD 2-6 CONCRETE SIDEWALK 2-7 DRIVEWAY APPROACH 2-8 TYPE "A" CURB & GUTTER 2-9 MODIFIED TYPE "F" CATCH BASIN 2-10 DISCHARGE OUTLET 2-11 SADDLE MANHOLE LUMP SUM LUMP SUM 230 I LF 20 TON 250 SF 288 SF 135 SF 2 I EA 51 LF LUMP SUM LUMP SUM LUMP SUM LUMP SUM 1 EA SUB -TOTAL "B" I TOTAL BID FOR PROJECT (SUBTOTAL "A" + SUBTOTAL "B") ENGINEER'S ESTIMATE GHILOTTI CONSTRUCTION COMPANY GOLDEN PACIFIC CONSTRUCTION, INC. GHILOTTI BROS. CONSTRUCTION, INC BY: CSW/STUBERSTROEH 246 GHILOTTI AVENUE 945 TARAVAL STREET # 104 525 JACOBY STREET DATE: NOVEMBER 30, 1999 SANTA ROSA, CA. 95407 SAN FRANCISCO, CA. 94116 SAN RAFAEL, CAM 94901 UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL $11,297.00 $11,297.00 $5,150.00 $5,150.00 $27,000.00 $27,000.00 $5,000.00 $5,000.00 $5.00 $700.00 $10.00 $1,400.00 $3.50 $490.00 $4.00 $560.00 $25.00 $1,275.00 $24.00 $1,224.00 $27.00 $1,377.00 $15.00 $765.00 $3,500.00 $7,000.00 $3,000.00 $6,000.00 $650.00 $1,300.00 $3,000.00 $6,000.00 $200.00 $20,600.00 $355.00 $36,565.00 $133.00 $13,699.00 $280.00 $28,840.00 $200.00 $3,200.00 $510.00 $8,160.00 $200.00 $3,200.00 $1,600.00 $25,600.00 $5,000.00 $10,000.00 $2,100.00 $4,200.00 $2,500.00 $5,000.00 $2,250.00 $4,500.00 $5,000.00 $5,000.00 $3,200.00 $3,200.00 $2,200.00 $2,200.00 $2,500.00 $2,500.00 $6.00 $6,204.00 $6.00 $6,204.00 $8.50 $8,789.00 $5.50 $5,687.00 $4,000.00 $4,000.00 $7,090.00 $7,090.00 $8,250.00 $8,250.00 $10,500.00 $10,500.00 $69,276.00 $79,193.00 $71,305.00 $89,952.00 $7,944.00 I $7,944.00 $5,500.00 $5,500.00 $18,000.00 $18,000.00 $5,000.00 I $5,000.00 $200.00 I $46,000.00 $230.00 $52,900.00 $167.00 $38,410.00 $206.00 I $47,380.00 $90.00 $1,800.00 $185.00 $3,700.00 $270.00 $5,400.00 $125.00 � $2,500.00 $5.00 $1,250.00 $6.75 $1,687.50 $8.00 $2,000.00 $1.00 $250.00 $5.00 $1,440.00 $5.00 $1,440.00 $10.00 $2,880.00 $4.00 $1,152.00 $5.00 $675.00 $5.00 $675.00 $3.50 $472.50 $4.00 $540.00 $1,500.00 $3,000.00 $850.00 $1,700.00 $2,750.00 $5,500.00 $250.00 $500.00 $25.00 $1,275.00 $32.00 $1,632.00 $27.00 $1,377.00 $15.00 $765.00 $25,000.00 I $25,000.00 $3,000.00 $3,000.00 $2,200.00 $2,200.00 $15,762.00 I $15,762.00 $5,000.00 I $5,000.00 $820.00 $820.00 $11,500.00 I $11,500.00 $1,400.00 $1,400.00 ,--- $5,000.00 II $5,000.00 $2,400.00 $2,40000 $2,600.00 $2,600.00 $2,500.00 $2,500 00` $98,384.00 $75,454.50 $90,339.00 $77,749.00 $167,880,00 I $154,647.50 ( $161,644.50 I $167,701.OD ,.,' D & D PIPELINE $5,000.00 MAGGIORA & GHILOTTI, INC. W. R. FORDE ASSOCIATES $150.00 THG PIPELINES, INC. $5.00 J. HOWARD ENGINEERING, INC. PMB 408, 338 BON AIR CENTER 555 DUBOIS STREET $15.00 42 INDUSTRIAL WAY $1,500.00 P. O. BOX 38 $25.00 724 CAROLAN AVENUE $7,000.00 GREENBRAE, CA. 94904 $6,000.00 SAN RAFAEL, CA. 94901 $4,000.00 GREENBRAE, CA. 94904 LARKSPUR, CA. 94977-0038 BURLINGAME, CA. 94010-2711 UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL $3,000.00 $3,000.00 $3,467.00 $3,467.00 $12,000.00 $12,000.00 $25,000.00 $25,000.00 $5,000.00 $5,000.00 $15.00 $2,100.00 $18.00 $2,520.00 $6.00 $840.00 $8.00 $1,120.00 $15.00 $2,100.00 $25.00 $1,275.00 $39.00 $1,989.00 $30.00 $1,530.00 $50.00 $2,550.00 $95.00 $4,845.00 $3,000.00 $6,000.00 $4,060.00 $8,120.00 $3,100.00 $6,200.00 $4,500.00 $9,000.00 $7,750.00 $15,500.00 $150.00 $15,450.00 $336.00 $34,608.00 $408.00 $42,024.00 $320.00 $32,960.00 $500.00 $51,500.00 $200.00 $3,200.00 $850.00 $13,600.00 $395.00 $6,320.00 $350.00 $5,600.00 $750.00 $12,000.00 $1,000.00 $2,000.00 $1,800.00 $3,600.00 $2,900.00 $5,800.00 $2,500.00 $5,000.00 $5,500.00 $11,000.00 $4,000.00 $4,000.00 $5,882.00 $5,882.00 $4,800.00 $4,800.00 $4,000.00 $4,000.00 $10,000,00 $10,000.00 $6.00 $6,204.00 $9.00 $9,306.00 $6.00 $6,204.00 $3.50 $3,619.00 $10.00 $10,340.00 $20,000.00 $20,000.00 $7,846.00 $7,846.00 $6,800.00 $6,800.00 $12,000.00 $12,000.00 $12,500.00 $12,500.00 $63,229.00 $90,938.00 $92,518.00 $100,849.00 $134,785.00 $5,000.00 $5,000.00 $330.00 $75,900.00 $150.00 $3,000.00 $5.00 I $1,250.00 $10.00 I $2,880.00 $15.00 I $2,025.00 $1,500.00 I $3,000.00 $25.00 I $1,275.00 $7,000.00 $7,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $111,330.00 $8,913.00 $234.00 $280.00 $6.50 $10.00 $18.00 $931.00 $39.00 $10,386.00 $2,587.00 $5,800.00 $8,913.00 $53,820.00 $5,600.00 $1,625.00 $2,880.00 $2,430.00 $1,862.00 $1,989.00 $10,386.00 $2,587.00 $5,800.00 $97,892.00 $174,559.00 1 $188,830.00 $18,000.00 $18,000.00 $288.00 I $66,240.00 $109.00 I $2,180.00 $3.00 I $750.00 $8.00 I $2,304.00 $8.00 I $1,080.00 $2,100.00 I $4,200.00 $30.00 I $1,530.00 $16,000.00 $16,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $118,784.00 $211,302.00 $40,000.00 $40,000.00 $140.00 $32,200.00 $20.00 $400.00 $5.00 I $1,250.00 $12.00 I $3,456.00 $2.50 I $337.50 $5,000.00 I $10,000.00 $50.00 $2,550.00 $19,200.00 $19,200.00 $5,300.00 $5,300.00 $10,000.00 I $10,000.00 $124,693.50 $225,542.50 $5,000.00 $5,000.00 $325.00 $74,750.00 $110.00 $2,200.00 $9.00 $2,250.00 $20.00 $5,760.00 $15.00 $2,025.00 $3,000.00 $6,000.00 $95.00 $4,845.00 $7,000.00 $7,000.00 $9,500.00 $9,500.00 $7,500.00 $7,500.00 $126,830.00 $261.615.00 City of San Rafael • California Form of Contract Agreement for OLIVE AND PALM AVENUES STORM DRAIN REPLACEMENT This Agreement is made and entered into this 6th day of December, 1999 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Company, Incorporated (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: Olive and Palm Avenues Storm Drain Replacement, 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. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within (5) five calendar days after the date of written notice by the City to the Contractor to proceed. (b) Complete the work within 60 working days thereafter, which includes lead time for ordering of materials, for the Palm Avenue Storm Drain Replacement, and 30 working days thereafter for the Olive Avenue Storm Drain Replacement. Construction on Olive Avenue Storm Drain Replacement must not start until the following have occurred: a. Completion of the Palm Avenue Storm Drain Replacement. b. The city obtaining from the property owners the Permission to Enter and Construct. c. The city issuing a subsequent notice to proceed with the construction of Olive Avenue Storm Drain Replacement. IIII - 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 $500 for each and every calendar 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 AGREEMENT 1 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. 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. INO.1 ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1-1 CLEARING & GRUBBING LUMP SUM LUMP $5,150.00 $5,150.00 2-2 30" PVC STORM DRAIN 230 SUM $230.00 $52,900.00 1-2 CONCRETE SIDEWALK 140 SF $10.00 $1,400.00 1-3 TYPE "A" CURB & 51 LF $24.00 $1,224.00 2-5 GUTTER 288 SF $5.00 $1,440.00 1-4 MODIFIED TYPE "E" 2 EA $3,000.00 $6,000.00 2-7 CATCH BASIN 2 EA $850.00 $1,700.00 1-5 36" PVC STORM DRAIN 103 LF $355.00 $36,565.00 1-6 30" REINFORCED 16 LF $510.00 $8,160.00 2-9 CONCRETE PIPE LUMP SUM LUMP $3,000.00 $3,000.00 1-7 36"/30" TRANSITION 2 EA $2,100.00 $4,200.00 2-10 CONNECTION LUMP SUM LUMP $820.00 $820.00 1-8 MODIFIED SADDLE 1 EA $3,200.00 $3,200.00 2-11 MANHOLE I EA $2,400.00 $2,400.00 1-9 CONCRETE PAVEMENT 1034 SF $6.00 $6,204.00 1-10 HEADWALL LUMP SUM LUMP $7,090.00 $7,090.00 REPLACEMENT SUM SUB -TOTAL "A" $79,193.00 PALM AVE. STORM DRAIN REPLACEMENT 2-1 CLEARING & GRUBBING LUMP SUM LUMP $5,500.00 $5,500.00 SUM 2-2 30" PVC STORM DRAIN 230 LF $230.00 $52,900.00 2-3 ASPHALT PAVING 20 TON $185.00 $3,700.00 2-4 LAWN 250 SF $6.75 $1,687.50 2-5 CONCRETE PAD 288 SF $5.00 $1,440.00 2-6 CONCRETE SIDEWALK 135 SF $5.00 $675.00 2-7 DRIVEWAY APPROACH 2 EA $850.00 $1,700.00 2-8 TYPE "A" CURB & 51 LF $32.00 $1,632.00 GUTTER 2-9 MODIFIED TYPE "F" LUMP SUM LUMP $3,000.00 $3,000.00 CATCH BASIN SUM 2-10 DISCHARGE OUTLET LUMP SUM LUMP $820.00 $820.00 SUM 2-11 SADDLE MANHOLE I EA $2,400.00 $2,400.00 SUB -TOTAL "B" $75,454.50 TOTAL BID FOR PROJECT (SUBTOTAL "A" + SUBTOTAL "B") $154,647.50 AGREEMENT • 2 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 Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) 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. (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 terms and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT • 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: nne M. Leoncini 1 Ci Clerk / CITY OF §A44 RAFAEL: 11belBoro Mayor CONTRACTOR: 4Wa GHILOTTI CONSTRU TION COMP W. (3 I I ottl A Califs is Corpo, on President Jim Ghilotti Vice President/ (;:,�,,..' Vianager AGREEMENT • 4 0) SAFECO CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK =ECO INSURANCE COMPANY OF AMERICA uCNERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 9a185 Bond #f029904 Initial premium charged for this bond is $1423.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That GH I LOTT I CONSTRUCTION COMPANY of 246 GHILOTTI AVENUE, SANTA ROSA, CA 95407 as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL 1400 FIFTH AVENUE. SAN RAFAEL. CA 94,901 in the sum of ONE HUNDRED FIFTY FOUR THOUSAND SIX HUNDRED FORTY SEVEN A 50/100 ONLY �� ► �►,\ .kap �\ �. �\ t a �. n; i.,.�.a.�:+Ai.�a \\� \\ 41 A \G \,a\ \ ► A 1l\' �,.\.\�\ �6p AI,(�� �,� y Dollars (S $154.647.50 ) for the payment whereof, well and truly to be mae, saidyrin( >pal 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 DECEMBER 6 19 99 with the CITY OF SAN RAFAEL to do and perform the following work, to -wit: OLIVE AND PALM AVENUES STORM DRAIN REPLACEMENT PROJECT NO. 042-4210-627-8000 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 FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 10th day of DECEMBER I , 19 99 . GHILOTTI CONSTRUCTION COMPANY Principal PR VEd F{CfENCY jlm Ghilotti /bpi BY : .��- TY ENGINEER A� e resldentl ED AS TOOR 'Gonoral y�,�,r`! _- S INSURANCE CO Y OF A1�IERICA -•---------------------t-----...�. - -- CITY ATTOFyJ LY B y J PILGARD, torney-in-Fact PRINTED IN J.S.A. S-8151EP 8190 ALL-PURPOSE CERTIFICATE STATE OF CALIFORNIA} COUNTY OF SACRAMENTO} ss On DEC 101999 , before me, DONA LISA BUSCHMANN, a notary public, personally appeared JANA B. PILGARD, personally known to me (or 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. WITNESS my hand and official seal. SAFECO CONTRACT BOND - CALIFORNIA PAYMENT BOND S -CO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond #6029904 PREMIUM INCLUDED KNOW ALL BY THESE PRESENTS, That we, GHILOTTI CONSTRUCTION COMPANY 246 CHILOTTI AVENUE, SANTA ROSA`` CA 95407 and the SAFIlCO INSURANCE COIVII'ANY 01' AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 as Obligee, in the sum of ONE HUNDRED FIFTY FOUR THOUSAND SIX HUNDRED FORTY SEVEN & 50/100 ONLY ,tAIi: "AAA.Nl.? .rs A t�.twAaa�x� t� .► �� ��. ----------- Dollars 1$ $154,647.50 ), for the payment whereof, well and truly to he made, said 1'rincipal and Surety hind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. 'fills CONDITION OF '1'111; FOREGOING OBLIGATION IS SUCH, That WI11;1ZGAS, the above -bounden Principal has entered into a contract, dated 6th day of DECEMBER 19 99 with the Obligee to do and perform the following work, to -wit: OLIVE AND PALM AVENUES STORM DRAIN REPLACEMENT PROJECT NO. 042-4210-627-83000 NONNI, 'I1HL'REFORL, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 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, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case stilt 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 tinder Section 3181 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 10th No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. day of DECEMBER , 1999 GHILOme ION OMPANY BY: m Ghilotti Principal esident/ General -manager SAFECO N. INSURANCE- CO ' Y OF AMERICA PRO EDS )/ENrFFIICIENCY R J B. ILGARD,'Attorney-in-fact APPr��'E AFORM " S-B181EP 8190 P{iINTFn IN II CA L^ATTl1GN FV ALL-PURPOSE CERTIFICATE STATE OF CALIFORNIA} COUNTY OF SACRAMENTO} ss On DEC 19199 before me, DONA LISA BUSCHMANN, a notary public, personally appeared JANA B. PILGARD, personally known to me (or 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. WITNESS my hand and official seal. S A F E CO' POWER r OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE WASHINGTON 98185 No. 9829 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **4:*********4****4:**********************************a*****JANA B. PILGARD;Sacramento, Califomia*******************a::**************************s******�.****** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of March _6F V� g4&45&t4 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1999 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation P0RgI�`p�� SEAL a e4, 1953 0� t Of WASIt� � this t/ CORPORATE ' 5, SEAL kyr K i Of 10th day of DECEMBER , 1999 R.A. PIERSON, SECRETARY S-0974/SAEF 7:98 O Registered trademark of SAFECO Corporation. 3/24'99 PDF DEC -20-1999 1106 7977633015 P.02i05 R CERTIFIC. JE OF LIABILITY INSUR .NCE 12/ 0 M /99 PRODUCER THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2199 S. McDowell Blvd. HOLDER. THIS CER77FICATE DOES NOT AMM, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ P.O. Box 4409 I Petaluma, CA 94955-4409 i INSURERS AFFORDING COVERAGE INSURED IINSURER A: Travelers Ghilotti Construction Company, Inc. INSURER B: State Compensatfon - Iilu_raiice Fund 246 Ghilotti Avenue ! - I WSURERC: Santa Rosa, CA 95404 INSURER 0: I I INSURER E: COVERAGES 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 I TYPE OF MURANCE A I rENERULUBILrrr POLICY NUMBER DTC0783RB093TIL99 I DPOATTEE WIX Y) DOTE M/ODI M LIMIT$ _ -1001 99 .10 01/00 EACH OCC mmeNCE Isl , 000 , 000 XX i COOMMERCLLLpENERAL L WBILITY FIRE DAMAGE (Any one fire) ;$50, 000 I 1 j t;LAfMS MADE OCCUR j i MED EXP (Any one DGrion) ; :S5,000 X jPD Dad: 5, 000 I PERSONAL&ADV INJURY $l, 000, 000 XJOCP I GENERAL ACAREdATE I S2 , 000 0 00 GEN% AGGREGATE LIM IT APPLIES PER! 000 000 PRODUCTS-C:OUP/DPAGG S2,, j'� 7 POLICY I 1 jE LOC A AUTOMOBILE LIABWTY DT810783R8093TIL99 110/01/99!10/01/00 CONBINEDSINGLS LINK 000, 000 X ' ANY AUTO (Ea aatderv) - - !$1, ALL OWNED AUTOS BODILY INJURY i s I-- SCHEDULED AUTOS : (Par por7pn) --- -- --- — X i HIRED AUMS I ! BODILY INJURY i, s X NON4WNE0AUTOS i (PeremlCeM) ----- i I PaoPearrDAMAOE ;s I I (Peracclaeng SARAQE LIABILITY AUTO ONLY -EA ACCIDENT Ij E ANY AUTO OTHEII ETA EA ACC S � I AUTO ONLY' AGO S A'.EXCESS LIABILITY ;CUP784L2026TIL99 110/01/99;10/01/00 EACH OCCURRENCE 54,000,000 X; OCCUR U CLAIMS MADE I I AGGREGATE ;S4, 000, 000 WOUCnOLE ^ S i ---•-- I S •._ - ----•- --•-- RETENTION SO I is TON64161799 B vYOR MRS CCI IPENSATAND 6 41617 9 9 T►�. 10 / 01 / 9 9 10 / O 1 / 0 0 X I O 4AMRS_I • I0ER I EMPLOYERS' LIAGWYY I I EJ_ EACH ACCIDENT 6110001000 E.LDISEASE -EAEMPLOYEE S1, 0,000 I I I E.L. DISEASE - POLICY uMTr I S 1 000,000 I OTHER DESCRIPTR7N OF OPERATIONSAACATIONS MICLESIEXCWSKVA ADOW BY ENDORSEMENT/SPECULL PWVI$ M Cancellation: Except for ten day notice for non-payment of premium Job #4292 - Olive and Palm Avenues Storm Drain Replacement - Project No. 042-4210-627-6000. Additional Insured named per the attached GL endorsement. CERTIFICATE HOLDER I I ADDrnmALrmmDtwmm RLETTEC City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, TMISSUNG WWRBR WILL RPJWQLJUMML3-a—DAYS WRITTEN N07TCE707HE CERTIFICATE NOLDEANAMPOTOTHELM" q L1 DGx AID REPRESENTATIVE I . ACORD25S(7/97)1 of 2 #522440/M20339 p , 0 .D ,h� „;�I�.'4T TLK VCITYATTORNRY X. 4�6� 1 (D ACORD CORPORATION 19$A DEC -20-1999 1107 7077633015 P.03i05 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC0RD2&S(7/97)2 of 2 #522440/M20339 DEC -20-1999 1107 7077633015 P.04i05 INSURED: Ghxlotti Construction Company, Inc. CONTRACTORS L-IA81Li7Y POLICY D'T00783RB093TIL99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Contractors) This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY -CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED (Section In is amended to Include any person or organization you are re- quired by written contract to include as an insured. but only with respect to liability arising out of -your work". This coverage does not include liability arising out of the independent acts or omissions of such person or organization. The written contract must be executed prior to the occurrence of any loss. 2. Where required by written contract, this insurance is primary and noncontributing as respects the person or organization included as an insured un- der this endorsement and any olhat insurance available to any such person or organization shall be excess and noncontributing with this insur- ance. 3, a. Subpart (1)(a) of exclusion e. under para- graph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you or any such person or organiza- tion insured under Paragriaph 1. of this en- dorsement if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by such person or organization at the time "your work" is performed. b. Subpart (1)(d)() of exclusion e. under para- graph 2.. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section t - Coverages) does not apply to any such person or organization in- sured under paragraph 1. of this endorsement If the "bodily Injury' or "property damage' arises out of your work" performed on prem- ises which are owned or rented by such per- son or organization at the time "your work" is performed. 4. This insurance with respect to any engineers, ar- chitects, or surveyors does not apply to "bodily injury".`property damage". "personal injury" or "advertising injury" arising out of the rendering of or the failure to render any professional services, including, a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b) Supervisory, inspection, architectural or engi- neering activities. This insurance does not apply to "bodily injury" or "property damage" arising out of "Your work" included in the "products -completed operations hazard" unless you are required to provide such coverage by written contract and then only for the period of time required by the contract, but in no event beyond the expiration date of the pollcy. The City of San Rafael, its officers, agents and employees GN Co 26 0198 Copyright, Travelers Indemnity Company, 1998 Page 1 of 1 DEC -20-1999 1108 7077633015 P.05i05 POLICY NUMBER: DTC(!, JM093TI1,99 G iMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Designation of Premises (Part Leased to You): Olive Avenue Storm Drain Replacement Name of Person or Ofganization: Howard and Eileen K. Lee, 'William IL Liskamm and Karen E. Nunn, Mark B. and Angela J. Bazalgette, and Richard R. and Linda EL Jeakins (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to This Insurance does not apply to: include as an insured the person or organization I. Any 'occurrence" which takes place after you shown in the Schedule but onlywith respect to liability cease to lease that land; arising out of the ownership, maintenance or use of 2 Structural alterations, new construction or that part of the land leased to you and shown in the Schedule and subject to the following additional demolition operations performed by or on behalf exclusions: of the person or organization shown in the Schedule. CG 20 241185 Copyright, Insurance Services Office, Inc., 1984 0 TOTAL P.05 CITY OF SAN RAFAEL MAYOR AIbert J. Boro Ch Department of COUNCIL MEMBERS Paul M. Cohen Public Works Barbara Helier Cyr Miller Gary Phillips INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (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 workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liabilitv: Not less than $1,000,000 per person and $5,000,000 for one occurrence. Property Damage: Not less than $500,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL, its officers, agents and employees, and property owners of the lands crossed by the work, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, Olive and Palm Avenues Storm Drain Replacement between the City of San Rafael and (Name of Contractor) for the work and the improvements described therein." Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS P. O. BOX 151560 SAN RAFAEL, CA 94915-1560