HomeMy WebLinkAboutPW Street Resurfacing 2018-2019 Project____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-755 x 4-3-872
Council Meeting: 07/15/2019
Disposition: Resolution 14704 x 14705
Agenda Item No: 4.q
Meeting Date: July 15, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 16.06.91
TOPIC: STREET RESURFACING 2018-2019
SUBJECT: ADOPTION OF RESOLUTIONS RELATED TO STREET RESURFACING
2018-2019, CITY PROJECT NO. 11366:
1. RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONSTRUCTION AGREEMENT FOR THE STREET
RESURFACING 2018-2019 PROJECT TO GHILOTTI BROS. INC., IN THE
AMOUNT OF $2,763,088, AND AUTHORIZING CONTINGENCY FUNDS IN THE
AMOUNT OF $236,912, FOR A TOTAL APPROPRIATED AMOUNT OF
$3,000,000.
2. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PARK
ENGINEERING FOR INSPECTION SERVICES ASSOCIATED WITH THE
STREET RESURFACING 2018-2019 PROJECT, IN THE AMOUNT OF
$118,348.70.
RECOMMENDATION: Staff recommends that the City Council:
1. Adopt a resolution awarding and authorizing the City Manager to execute the
construction agreement for the Street Resurfacing 2018-2019 Project to Ghilotti Bros.
Inc., in the amount of $2,763,088, and authorizing contingency funds in the amount of
$236,912, for a total appropriated amount of $3,000,000.
2. Adopt a resolution approving and authorizing the City Manager to execute a professional
services agreement with Park Engineering, Inc. for inspection services associated with
the Street Resurfacing 2018-2019 Project, in the amount of $118,348.70, in a form
approved by the City Attorney.
BACKGROUND: Resurfacing of City streets is a vital program that improves a portion of the
City’s 175 miles of roadways each year. Experience has shown that resurfacing projects offer
significant benefits, among them reduced maintenance costs and increased property values.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Department of Public Works utilizes the Pavement Condition Index (PCI) system to initially
identify streets in need of resurfacing and then conducts field investigation to further analyze
conditions. Based upon available funding, the proposed project includes pavement overlay,
surface treatments of micro-seal and slurry sealing. This year staff recommends resurfacing the
streets shown in Attachment 1.
Applicable Americans with Disabilities Act (ADA) law requires that state and local governments
ensure that persons with disabilities have access to the pedestrian routes in the public right-of-
way. Under ADA law, when a street, roadway or highway is altered, compliant curb ramps are
required where pedestrian walkways intersect with the altered street. A roadway alteration
includes, but is not limited to, the addition of a new layer of asphalt or micro-surfacing. This
year’s project will construct two ADA compliant curb ramps. The project was advertised in
accordance with San Rafael’s Municipal Code on June 7, 2019. The engineer’s estimate of the
construction cost is $2,450,000.
ANALYSIS:
Resolution (Award of Construction Agreement)
On June 27, 2019, the following bids were received and read aloud:
NAME OF BIDDER Base Bid Bid Alternate #1
Ghilotti Bros., Inc $2,618,788.00 $144,300.00
Team Ghilotti, Inc. $2,758,141.50 $195,380.00
Ghilotti Construction
Company $2,817,352.00 $137,840.00
Maggiora and Ghilotti, Inc. $2,877,777.00 $189,840.00
The construction bids have been reviewed by Public Works staff and the low bid of $2,618,788
from Ghilotti Bros. Inc., was found to be responsive, responsible, and within available funding.
The recommended Resolution awards the construction contract to Ghilotti Bros, Inc.
The City also asked for bidders to provide a price for one bid alternate (optional, not included in
the base bid) for the project that also happens to be a small CIP project listed on the 2019-2020
CIP (R.05 Andersen Drive Microseal) that meets the same character of work and could easily
be incorporated into this larger resurfacing project. The bid alternate was for the micro-surfacing
of Andersen Drive from Simms Street to the Central Marin Sanitary District’s driveway at the
bottom of the Andersen grade for a cost $144,300.
After analysis of the bid and bid alternate staff recommends incorporating bid alternate #1 into
the Street Resurfacing 2018-2019 Project.
Resolution (Agreement with Park Engineering for Construction Inspection Services)
To ensure the best finished product, this project will require full-time inspection. Public Works
proposes to retain a field inspector for this purpose. As such, Public Works solicited Statements
of Qualifications, including billing rate schedules. Only one proposal was received on June 27,
2019. The Proposal was evaluated by City staff based on criteria specified in the Request for
Qualifications including, but not limited to, understanding of the work to be done, previous
experience with similar projects, qualified personnel, and familiarity with City standards. Staff
has reviewed the proposal and has found it to be complete and within industry standards.
The recommended Resolution authorizes the City Manager to execute a professional services
agreement with Park Engineering for the required inspection services, in an amount not to
exceed $118,348.70.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
PUBLIC OUTREACH: In December 2018, upon development of the list of roadways under
consideration for resurfacing, staff notified all utility companies of the project. The original
resurfacing list was refined to accommodate utilities performing work on roads scheduled for
resurfacing. This utility coordination and public outreach efforts will minimize the need for
repairs within the limits of the newly resurfaced roadways.
In March 2019, City staff mailed project notification letters to the fronting property owners and
residents of each of the roadways proposed for resurfacing. The letter suggested that property
owners evaluate the condition of their sewer laterals and make any necessary repairs prior to
the resurfacing of the road.
FISCAL IMPACT: Staff proposes to fund the construction and field inspection services of this
project utilizing $3,118,348.70 of Gas Tax Funds (No. 206). The bid for the construction is
approximately seven percent higher than the Engineer’s Estimate. Funding for next year’s
resurfacing program will be used to augment this year’s funding need. The proposed
Resolutions would appropriate $3,000,000 for construction/contingency and $118,348.70 for
inspection services.
OPTIONS:
1. Adopt both resolutions as presented.
2. Council may choose to authorize the construction contract and instruct staff to perform
the inspections, which may impact the delivery of other City projects.
3. Council may reject all bids and direct staff to rebid both the inspection and construction
for this project. If this option is chosen, soliciting new proposals or rebidding the project
will delay construction and postpone the project until the fall 2019.
4. The Council may reject all bids and direct staff to stop work on the project.
ACTION REQUIRED: Staff recommends that the City Council:
1. Adopt a resolution awarding and authorizing the City Manager to execute the
construction agreement for the Street Resurfacing 2018-2019 Project to Ghilotti Bros.
Inc., in the amount of $2,763,088 and authorizing contingency funds in the amount of
$236,912 for a total appropriated amount of $3,000,000.
2. Adopt a resolution approving and authorizing the City Manager to execute a professional
services agreement with Park Engineering for inspection services associated with the
Street Resurfacing 2018-2019 Project, in the amount of $118,348.70, in a form approved
by the City Attorney.
ATTACHMENTS:
1. List of streets to be resurfaced
2. Resolution awarding the construction agreement to Ghilotti Bros. Inc.
3. Resolution authorizing the City Manager to execute a professional services agreement
with Park Engineering, Inc. for construction inspection services
4. Agreements
a) Ghilotti Bros. Inc.
b) Park Engineering
Treatment Street From To
Deep Lifts 2nd Street Shaver D Street
Deep Lifts 3rd Street Hayes E Street
slurry seal 4th Street Lootens Place C Street
Micro-surface Belle Avenue Grand Avenue Grand Avenue
Full Width Grind and Overlay Canal Street Sonoma Street End
Micro-surface El Prado Avenue Merrydale Road Corrillo Drive
Full Width Grind and Overlay Grand Avenue Linden Lane Belle Avenue
Full Width Grind and Overlay Greenfield Avenue Spring Grove Ave 4th Street
Full Width Grind and Overlay Hoag Avenue Francisco Blvd East Canal Street
Micro-surface Las Flores Avenue El Prado Avenue Corrillo Drive
Micro-surface Miranda Avenue Las Flores Avenue Corrillo Drive
Full Width Grind and Overlay Bellam Blvd FBE Kerner Blvd
Full Width Grind and Overlay Andersen and FBE Bellam Blvd HWY 101 NB
Full Width Grind and Overlay Villa Avenue Grand Avenue HWY 101 NB
Deep Lifts Fifth Avenue Happy Lane K Street
Full Width Grind and Overlay Grand Avenue 2nd Street 160" South of Bridge
Full Width Grind and Overlay Kerner Blvd 20' North of Box Culvert 150' South of Box Culvert
Full Width Grind and Overlay 4th Street Ross Valley Drive 190' East of Rose Valley Drive
Deep Lifts Scenic Avenue Fifth Avenue Santa Margarita Drive
Micro-surface Andersen Simms CMSA
2018/2019 Resurfacing List
Page 1 of 1
RESOLUTION NO. 14704
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
AGREEMENT FOR THE STREET RESURFACING 2018-2019 PROJECT TO
GHILOTTI BROS. INC., IN THE AMOUNT OF $2,763,088, AND AUTHORIZING
CONTINGENCY FUNDS IN THE AMOUNT OF $236,912, FOR A TOTAL
APPROPRIATED AMOUNT OF $3,000,000
WHEREAS, on the 27th day of June 2019, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids or proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine, and declare all sealed bids or proposals for doing
the following work in said City, to wit:
“Street Resurfacing 2018-2019”
City Project No. 11366
in accordance with the plans and specifications therefore on file in the office of the
Department of Public Works; and
WHEREAS, the bid of $2,618,788 from 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; and
WHEREAS, City Staff recommends that Bid Alternate #1 be awarded at a cost of
$144,300 per Ghilotti Bros., Inc.’s bid, at the unit prices stated in its bid; and
WHEREAS, staff has recommended that the project budget include a
contingency amount of $236,912;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The plans and specifications for the “Street Resurfacing 2018-2019”, City
Project No. 11366 on file in the Department of Public Works, are hereby
approved.
2. The bid including bid alternate #1 of Ghilotti Bros. Inc. is hereby accepted
at the unit prices stated in its bid, and the contract for said work and
improvements is hereby awarded to Ghilotti Bros. Inc., at the stated unit
prices.
3. The City Manager is authorized and directed to execute a contract with
Ghilotti Bros. Inc., for the bid amount, subject to final approval as to form
by the City Attorney, and to return the bidder’s bond upon the execution of
the contract.
4. Funds for project totaling $3,000,000, which includes the construction
award amount and contingency, will be appropriated for City Project No.
11366, from the Gas Tax Fund, #206.
5. 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, Lindsay Lara, 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 15th day of July 2019 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
__
LINDSAY LARA, City Clerk
File No.: 16.06.91
Reviewed and approved for signature
Contract administrator: /t,)� K Estimator:
RS
VP Estimating: Tom Barr 7/22/19
City of San Rafael ♦ California
Form of Agreement
for
Street Resurfacing 2018-2019
This Agreement is made and entered into this 19 day of July 2019 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:
1- 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: Street Resurfacing 2018-2019, City
Project No. 11366, all in accordance with the requirements and provisions of the "Specifications and Contract
Documents for Street Resurfacing 2018-2019" dated June 2018, 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.
Il- 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 Sixty (60) Workine Days and with such
extensions of time as are provided for in the General Provisions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of working
days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and
extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by
reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $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 contained in this schedule ' approximate only, and the final payment shall be made for the actual number of
units that are incorporat in Vmade necessary by the work covered by the Contract. The total Contract amount
shall not exceed $2,763,088.00, any additional units not specifically enumerated in this Contract, that are
incoroporated in or made necessary by work covered by the Contract must be requested and approved in writing as
an addendum to this Contract.
ITEM
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
PRICE
TOTAL
PRICE
1
Mobilization (3%)
1
LS
@
$78,000.00 —
$78,000
2
Signs and Traffic Control
1
LS
@
$212,678.00 —
$212,678
3
Clearing and Grubbing
1
LS
@
$80,000.00
$80,000
4
Minor Concrete - Minor Structures
AGREEMENT-]
r
n_ - A L
ITEM DESCRIPTION
a. Type 'A' Curb and Gutter
b. 4" PCC Sidewalk
c. Curb Ramp - Case C
5 Full Width Grinding**
6 Hot Mix Asphalt
a. Full Depth AC at Curb Ramps
b. Deep Lift Patching
c. Asphalt Concrete Overlay
d. Asphalt Concrete Overlay with
Reinforcing Fibers
7 Micro -Surfacing and Slurry Seal
a. Micro -Surfacing**
b. Slurry Seal**
8 Adjust Existing Facility to Grade
a. Adjust Manhole Castings
b. Adjust Water Valve Cover (Roadway
Only)
c. Adjust Gas Valve Cover (Roadway Only)
d. Adjust Monument
e. Adjust Sewer Rodhole
9 Striping and Pavement Markings
a. Detail 2
b. Detail 9
c. Detail 22
d. Detail 27B
e. Detail 31
f. Detail 38
g. Detail 39
h. Detail 40
ESTIMATED UNIT UNIT TOTAL
QUANTITY PRICE PRICE
150 LF @
$70.00 =
$10,500
350 SF @
$17.00 =
$5,950
2 EA @
$4,900.00 =
$9,800
460,000 SF @
$0.55 -
$253,000
20
TON
@
$475.00 _
$9,500
1,020
TON
@
$280.00 _
$285,600
2,000
TON
@
$153.00 _
$306,000
5,460
TON
@
$163.00
$889,980
25,600
SY
@
$2.90
$74,240
8,500
SY
@
$3.46
$29,410
40
EA
@ _
$1,300.00 _ _
$52,000
120
EA
@
$70.00 -
$8,400
15
EA
@
$930.00
$13,950
10
EA
@
$850.00 -
$8,500
12
EA
@
$800.00 =
$9,600
500
LF
@
$1.00 -
$500
7,500
LF
@
$1.00
$7,500
9,500
LF
@
$2.50 -
$23,750
1,000
LF
@
$1.50 -
$1,500
4,500
LF
@
$5.00
$22,500
4,130
LF
@
$2.00
$8,260
18,500
LF
@
$1.50 =
$27,750
200
LF
@
$3.00
$600
AGREEMENT -2
ITEM
DESCRIPTION ESTIMATED UNIT UNIT TOTAL
QUANTITY PRICE PRICE
i. Pavement Markings
36,000
SF
@
$4.00
— $144,000
j. Green Bike Lane
1,600
SF
@
$19.00
— $30,400
k. Red Curb
1,000
LF
@
$2.50
— $2,500
10 Traffic Signal Detector Loops
a. Type A Detector Loop
27
EA
@
$345.00
— $9,315
b. Type D Detector Loop
9
EA
@
$345.00
— $3,105
BA Micro -surface Andersen from Simms to CMSA
(Bid Alternate #1)
BA1 Micro -surfacing
26,000
SY
@
$2.90
— $75,400
BA2 Striping and Pavement Markings
a. Detail 22
2,600
LF
@
$2.50
— $6,500
b. Detail 31
3,800
LF
@
$5.00
- $19,000
c. Detail 38
700
LF
@
$2.00
$1,400
d. Detail 39
20,000
LF
@
$1.50
= $30,000
e. Pavement Markings (Thermoplastic)
3,000
SF
@
$4.00
$12,000
GRAND TOTAL BID
$2,763,088
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 22300 of the Public Contract 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 City 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 City Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of
AGREEMENT -3
disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where
such payment has not already been guaranteed by surety bond.
(c) Contractor shall provide a "Defective Material and Workmanship Bond" for 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 City Engineer so certifies, the City shall, upon certificate of the City 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.
VII - Assignment of Warranties; Waiver of Subrogation
(a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by
or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor
has installed or provided in connection with the work performed under this Agreement.
(b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation
rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the
insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under
this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's
benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation.
Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be
endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its
subcontractors under this Agreement, and copies of such endorsements shall be provided to City.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this
Agreement the day and year first written above.
CITY OF SAN RAFAEL:
r_
J4 Schu -
Ci Man ger
ATTEST:
Lindsay Lara
City Clerk
Ghilotti Bros. Inc.
By:
Printed Name Officer: Michael M. Ghilotti
Title: President
AGREEMENT -4
APPROVED AS TO FORM:
FFT-
Robert F. psteiia
City Attorney
File No. 16.06.91
and,
Printed Name of Officer: Daniel Y. Chin
Title: Chief Financial Officer
FEW tiC :UMphlirm
Contract Bond
Public Work California
KNOW ALL MEN BY THESE PRESENTS:
6 THE HARTFORD.
Hartford Plaza, Hartford, Connecticut 06115
Duplicate Original
Bond Executed in Triplicate
PERFORMANCE BOND
Bond No. .57BCSID8385
Premium Charge $19.159.
That we,
Ghilotti Bros., Inc. as Principal,
and the Hartford Fire Insurance Company a Corporation organized and existing under the laws of the State of Connecticut
and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto
City of San Rafael
in the sum of Two Million Seven Hundred Sixty Three Thousand Eighty Eight & 00/100 — Dollars ($ 2,763,088.00 )
lawful money of the United States of America, for the payment whereof, well and tru y to be made, we hereby bind ourselves, our heirs, exec-
utors, administrators, successors and assigns jointly and severally, firmly by these presents.
,
SIGNED, sealed with our seals, and dated this 12th day of . ....August....2019 ...._, .. ............. .-14- , , .
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered Into a contract dated.. ....... .
July 19th, 2019 Cit of San Rafael
-}9 ,with said . Y
to do and perform the following work, to -wit:
Street Resurfacing 2018-2019, City Project No. 11366
The Surely, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of lheContract
Documents or to the Project to be performed thereunder shall in any way 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 Documents or to the Project
NO W, TH EREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, each and all of the requirements
and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void: other-
wise It shall remain in full force and effect.
Ghilotti Bros., Inc.
Principe
Michael M. Ghilotti, President / Treasurer
\_�// /Hartford Fire Insurance Company
By rK.L.....1`.. (SEAL)
Attorney-in-fact Kelly Hollemann
Form S-3665-1 (HF) Printed In U.S.A.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary ublic or other officer completing this certificate verifies only the identity o�
the Individual who signed the document to which this certificate Is attached, and not
the truthfulness, accuracy, or validity of that document,
State of California )
County of Marin )
On Auqust 14, 2019 before me, Deborah Petersen, Notary Public
(here insert name and title of the officer)
personally appeared Michael M. Ghilotti, President
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* is/are subscribed to
the within instrument and acknowledged to me that he/shefthey executed the same in his/herhtreir
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(t) 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. _DEBORAH PETERS
COMM, #2211932 z
Notary Publlc • California a
z Marin County
WITNESS my hand and official seal. _ mutt, Expires Aug. 284 2021'
Signature (Seal)
Optional Information
Although the information In this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in Fact
EJ Corporate Officer(s) President
Title(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑
Other-.
representing: Ghilotti Bros., Inc. _
Names) of Person(s) or Entity(les) Signer is Representing
Method of signer Identification
Proved to me on the basis of satisfactory evidence:
Morm(s) of Identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page II Entry H
Notary contact: Debbie Petersen
Other 415.256.2239
❑ AdditionalSigner(s) ❑ Slgner(s)Thumbprint(s)
0 Copyright 2007-2016 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772 Please contact your Author zed Reseller to purchase copies of this form
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _ ._ _Marin
On 0LA k LU S'4' kl, 24 N before me, _ .......
Date
personally appeared
J. DeLuca, Notary Public _
Here Insert Name and Title of the Officer
Kelly Holtemann
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/af&
subscribed to the within instrument and acknowledged to me that he/she/" executed the same in
his/her/their authorized capacity(ies), and that by h6ftr/their signature(e) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
J. DELUCA
_ = Notary Public - California
-'� Marin County z
Commission, # 2166061 n
t� My Comm. Expires Oct 24, 2020
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
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:.... _ __. Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
f1 Partner — n Limited ❑ General
❑ Individual 1? Attorne ' act
F-1 Trustee ian or Conservator
L., Other: _
Signer I presenting:
miner's Name:
I I Corporate Officer — Title(s): _
171 Partner — 1-1 Limited n General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code: 57-554795
0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
O Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick F
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONN ECTICUT
ss. Hartford
COUNTY OF HARTFORD I
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
0 7C��i-E:cEtiti /
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford. �+
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• �>,�.:� '4•tN IF � to • a `tti•ari rims•' ��y\'`•fCa,soi.'
r
—
Kevin Heckman, Assistant Vice President
-'ak 2018
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER
OF
ATTORNEY
HartfOne ord, Conne ticut06155
Bond.ClaimsCcDthehartford.com
cal1: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code: 57-554795
0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
O Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick F
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONN ECTICUT
ss. Hartford
COUNTY OF HARTFORD I
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
0 7C��i-E:cEtiti /
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford. �+
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• �>,�.:� '4•tN IF � to • a `tti•ari rims•' ��y\'`•fCa,soi.'
r
—
Kevin Heckman, Assistant Vice President
-'ak 2018
Contract Bond
Public Work — California
KNOW ALL MEN BY THESE PRESENTS:
That we,
XTHE HARTFORD
Duplicate Original
Bond Executed in Triplicate
LABOR AND MATERIAL PAYMENT BOND
Bond No .... 576CSID8385
Premium Charge Included In Premium
Charged for Performance Bond
Ghilotti Bros., Inc. as Principal,
.........................................................................................................................
and.........Hartford,Fira IOur�Ope,
................. a Corporation organized and existing under the laws of the Slate
of Connecticut and authorized to transact surety business in the Slate of California, as Surety, are held and firmly bound unto the
State of California for the use and benefit of the State Treasurer at, ex officio treasurer and custodian of the Unemployment Fund and any and all
materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used In, upon, for or about the perform•
ance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations
renting or hiring teams, or Implements or machinery, for or contributing to said work to be done and all persons performing work or labor upon the
same and a I persons supplying both work and materials as aforesaid, in the sum of ..................................................................................................
Two Million Seven Hundred Sixty Three Thousand Eighty Eight & 00I100 — 2,763,088.00
........illi ...............
................................................................................................................ Dollars ($ilii ilii. ................... . ).
lawful money of the United States of America, for the payment whereof well and truly to be made. we hereby bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed with our seals and dated this........................us..12th .......................... day ol........,.............Aug.....t,............2019.................... . ._._ ....... , 19-. ... ...
The condition of the loregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated... July 19th, 2019
..-49- I with....................City of San Rafael
...................................................................................................................................................................... to do and perform the following work to wit -
Street Resurfacing 2018-2019, City Project No. 11366
The Surely, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract Documents or to the Project to be performed thereunder shall in any way 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 Documents or to the Project
NOW THEREFORE, it the shove -bounden Principal, or.........................Ghilotti Bros., Inc.
................................
sub-contraclor, fails to pay for any materiels, provisions, provender or other supplies or teams used In, upon for or about the performance of the
work contracted to be done under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work, the Surety on this bond will pay the some in an amount not exceeding the sum 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 and to be laxed as costs and to be included to the
judgment therein rendered; PROVIDED that this bond is filed by the Principal to comply with the provisions of Chapter 7, Title XV of the Civ I Code of
California and other applicable provisions of said Tills XV relating to Public Work and ;lability hereunder is subject to the provisions of said sectio
and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof.
Ghllotlt Bros, (m.
........ .............`........... ................... ....................... SEAL)
Principal Michael M. Ghilotli, President I Treasurer
...... .............. Hsi rffg. d.Firf..{gpuranpe,Company........_................
,
By �1J .. .............. �.................
.........
(SEAL)
Allamayln feet Kelly Hol(emann
Form S-3674-3 Printed in U S A
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
LA otary public or other officer completing this certificate verifies only the identity of
individual who signed the document to which this certificate is attached, and not
truthfulness, accuracy, or validity of that document.
State of California
County of __Marin
on August 14, 2019 before me, Deborah Petersen Notary Public
(here insert name and title of the officer)
personally appeared Michael M. Ghilotti, President
who proved to me on the basis of satisfactory evidence to be the person(5) whose name(* is/ate subscribed to
the within instrument and acknowledged to me that he/sheA+wy executed the same in his/he'*'reir
authorized capacity(ies-), and that by his/herftheir signature(s) on the instrument the person(g), 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
DEBORAH PETERSEN
cc�MMr 42211932
o a Notafi► Publit • California o
Z f:ln county
( omfil. €ri iris AtA. 28, 2021
(Seal)
Optional Information
Although the information In this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -•n Fact
[7�CorporateOfficer(s) President
Title(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing: Ghilotti Bros., Inc_._
Name(s) of Persons) or Entity(les) Signer Is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
M-rm(s) of dentlficatlon 0 credible w tness(es)
Notarial event is detailed in notary journal on:
Page It Entry H
Notary contact: Debbie Petersen
Other 415.256.2239
❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
0 Copyright 2007 2016 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507 All Rights Reserved Item Number 101772 Please contact your Authorized Reseller to purchase copies of this form.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:`GS`GL`.Pd"C. e��ik^C�.CC[�d����'b'�S�.GiSfiid.'i.L`i��iLi�6i•,G'S�.Cid'�iC'.:�iG'i',S'GAY'.L-i'.GYM.L�.Gi��.`C.f'isG'i�iG'��:i•�?�GS:CwLii�('�•'•Y�SS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Marin _ )
On OLAAU S � 1 Z` 2-b lel before me,
Date
J. DeLuca, Notary Public
Here Insert Name and Title of the Officer
personally appeared Kelly Holtemann
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/•ar&
subscribed to the within instrument and acknowledged to me that he/she/" executed the same in
his/her/their authorized capacity(ies), and that by hWherAheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
J. DEL CA
Notary Public California z
Marin County n
Z " Commission # 2166061
My Comm. Expires Oct 24, 2020
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 _
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _._..... _ ..... .. Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
n Partner — n Limited �l General
❑ Individual I Attorne ' act
❑ Trustee ian or Conservator
❑ Other: _
Signer I presenting:
Signer's Name:
I j Corporate Officer — Title(s): _
n Partner — n Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code: 57-554795
X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
O Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
taW i al .x�
r �. 4
��rt�--r •.ct•.re.rt : s 104 r lL+t�V•a�+ ^- 3 prA�7Y
i� 1887 � e F,= R F-pt�- • 7a- n f
'�►; � :Ar •+c ~ ' F '�l..r,n../` • h•tN• t„-; tp79�; F amt tp79 � c �� I979
♦ �:�..•� �huia• �IA��aaa • �'`i •'trnei5' `rin.•.t�' l�t�?ird`.
Ik e
John Gray, Assistant Secretary
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD ))
M. Ross Fisher, Senior Vice President
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
4 �aNT A�/y
r �� ;' �tie%.f,er�v`. � �llw�-,•� iii.
♦ �K• R
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford.
es�rr atty
i......Mrte,i L 0�-`
1867 eL y
Kevin Heckman, Assistant Vice President
PCA.- i@
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER
OF
ATTORNEY
HartfOne ord, Conne ticut06155
Bond.Claims(cDthehartford.com
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code: 57-554795
X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
O Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
taW i al .x�
r �. 4
��rt�--r •.ct•.re.rt : s 104 r lL+t�V•a�+ ^- 3 prA�7Y
i� 1887 � e F,= R F-pt�- • 7a- n f
'�►; � :Ar •+c ~ ' F '�l..r,n../` • h•tN• t„-; tp79�; F amt tp79 � c �� I979
♦ �:�..•� �huia• �IA��aaa • �'`i •'trnei5' `rin.•.t�' l�t�?ird`.
Ik e
John Gray, Assistant Secretary
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD ))
M. Ross Fisher, Senior Vice President
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
4 �aNT A�/y
r �� ;' �tie%.f,er�v`. � �llw�-,•� iii.
♦ �K• R
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford.
es�rr atty
i......Mrte,i L 0�-`
1867 eL y
Kevin Heckman, Assistant Vice President
PCA.- i@
Contract Bond
Public Work California
KNOW ALL MEN BY THESE PRESENTS -
4:_ THE HARTFORD.
Hartford Plaza, Hartford, Connecticut 06115
Duplicate Original
Bond Executed in Triplicate
PERFORMANCE BOND
Bond No. 57BCSID8385
Premium Charge $1.9,1.59...
That we,
Ghilotti Bros., Inc. as Principal,
and the Hartford Fire Insurance Company , a Corporation organized and existing under the laws of the State of Connecticut
and authorized to transact surety business in the State of California, as Surety, are held and firm'y bound unto
City of. San Rafael.... .
in the sum of
Two Million Seven Hundred Sixty Three Thousand Eighty Eight & 00/100 -- Dollars ($ 2, . 763,088.00
. ),
lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, exec-
utors, administrators, successors and assigns. jointly and severally, firmly by these presents.
SIGNED, sealed with our seals, and dated this 12th day of .. August, 2019 44 -
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered Into a contract dated..
July 19th, 201919 with said City of San Rafael
to do and perform the following work, to -wit:
Street Resurfacing 2018-2019, City Project No. 11366
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or add'.lion to the terms of lheContracl
Documents or to the Project to be performed thereunder shall in any way 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 Documents or to the Project.
NOW, THEREFORE, if the above -bounden Principal shall well and truly perform, or cause to be performed, each and all of the requirements
and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void:. other-
wise It shall remain in full force and effect.
Ghilotti Bros., Inc.
Y ..
Principal (SEAL)
Michael M. Ghilotti, President / Treasurer
Hartford Fire Innsuurra/nce Company
BY....... ..0 L4L 17T L (SEAL)
Attorney-in-fact Kelly Holtemann
Form 5-3665-1 (HF) Printed In U.S.A.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of Marin )
On _August 14, 2019 before me, Deborah Petersen, Notary Public
(here insert name and title of the officer)
personally appeared Michael M. Ghilotti, President
I
U
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(* is/are subscribed to
the within instrument and acknowledged to me that he/sheAhey executed the same in his/herftheit'
authorized capacity(ies), and that by his/herftl•teir signature(!-) on the instrument the person(sr), or the entity
upon behalf of which the person(a) 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
DEBORAH PETERSEN
COMM. #2211932 z
°� Notary Public • California o
Z Marin County
Comm. Ex ire! 2a, 2021
(Seal)
Optional Information
Although the information In this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated _
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney in Fact
[7) Corporate Officer(s) President ,
Titles)
Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other-
representing:
ther
representing: Ghilotti Bros, Inc. _ _
Name(s] of Person(s) or Entity(les) Signer Is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
(Yjorm(s) of Identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page It Entry N
Notary contact: Debbie Petersen
Other 415.256.2239
❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
0 Copyright 2007-2016 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved Item Number 101772 Please contact your Authorized Reseller to purchase copies of this form
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
:`Cry.SSS:S�CC.�C'.L'.C'>Li.�'df'.C�vr.Y'S�}Ci'•£7SvGQ.fiaLY'.Qf'.CC.LYY6iy'GY�.GY',tit'Y.'R?C.Li'tiY'�2.Y5G'f)C7C.CfSL��'iG`i�iGC)G'%'GuS`�:i',fi'��4�i'�Yi '•.t -^C• LCf:C�iS:C.Cai`ufat'k:S'.L
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _. _. _ Marin
On QA,(dtAtS+ ( 2-1 U 19 before me,
Date
personally appeared
J. DeLuca, Notary Public
Here Insert Name and Title of the Officer
Kelly Holtemann
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar&
subscribed to the within instrument and acknowledged to me that h&she/#My executed the same in
hWher/their authorized capacity(les), and that by his/her/#-heif signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
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
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — ❑ Limited F1 General
❑ Individual I ' Attorne " ac
❑ Trustee tan or Conservator
❑ Other: __
Signer I presenting:
Signer's Name:
Corporate Officer — Title(s):
Partner — 1-1 Limited ❑ General
Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
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02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
J
J. DELUCA j
(Votary Public - California
Marin County <~
j,
i
Conrnissi0r, ;r 2166061 D
_MY Conn. Expires Oct 24, 2020
Place Notary Seal Above
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
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — ❑ Limited F1 General
❑ Individual I ' Attorne " ac
❑ Trustee tan or Conservator
❑ Other: __
Signer I presenting:
Signer's Name:
Corporate Officer — Title(s):
Partner — 1-1 Limited ❑ General
Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
�c,�:c.�x:c:�,�s:�.�c:z;�:c;•c:.cxx,�.�ccx:<,�c_:cex.�c.�z�.c.�,�c.�c-�,�cxJc,�x;cx:t.�.u.�cx;tx=c.�x:cslz�v�-t.�c.�uAu:�z,�c^r=�,�=c,�?c;�ec:
02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code:__5 7 - 554795
FX I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
.�%�Y1Y 71y4 �e+0irr tr ��,'trs.yl ,"�•�.,y ��+M•�V
q r a `rr96"'W. E 10�'r 7v�f•T fr ' 'got _.F SOY
'r �►� :�,• •F '�� �rrr,M1lrl; • �••Ntl' tr :�. ie E •"t Z97 4 f� 1919
f �:j..:.' 1, 4•�qN Ip •� rf ► .,�tll,•oy15/•� rIr1U�' • \•f(j�•
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
rani "r+r
f �� f
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford.
,Itrs t q �rO•�
?•.r rN•.Eu4'. i a �Q� n f�putt. ��, C� .F0Y
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0s., 3 --� - •
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'4 .t !� 0;:.:, 7 :- i:_\ ._• 1979
Kevin Heckman, Assistant Vice President
KR A_ :k
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER
OF
ATTORNEY
HartfOne ord, Conne ticut06155
Bond.Claims(cbthehartford.com
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code:__5 7 - 554795
FX I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
.�%�Y1Y 71y4 �e+0irr tr ��,'trs.yl ,"�•�.,y ��+M•�V
q r a `rr96"'W. E 10�'r 7v�f•T fr ' 'got _.F SOY
'r �►� :�,• •F '�� �rrr,M1lrl; • �••Ntl' tr :�. ie E •"t Z97 4 f� 1919
f �:j..:.' 1, 4•�qN Ip •� rf ► .,�tll,•oy15/•� rIr1U�' • \•f(j�•
John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
rani "r+r
f �� f
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford.
,Itrs t q �rO•�
?•.r rN•.Eu4'. i a �Q� n f�putt. ��, C� .F0Y
1567 � • • ,'o; • 513. • :•_ �
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0s., 3 --� - •
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'4 .t !� 0;:.:, 7 :- i:_\ ._• 1979
Kevin Heckman, Assistant Vice President
KR A_ :k
Contract Bond
Public Work — California
KNOW ALL MEN BY THESE PRESENTS'
That we,
Jk THE HARTFORD
Duplicate Original
Bond Executed in Triplicate
LABOR AND MATERIAL PAYMENT BOND
Bond No..,57BCSID8386 ......
Premium Charge Included In Premium
Charged for Performance Bond
Ghilotti Bros., Inc. ............... as Principal,
............. Bros., .....,....................................................................
and ....... Hartford, Fire IOsuraOpe, Cornparly„ ............ ..................... a Corporation organized and existing under the laws of the State
of Connecticut and authorized to transact surety business In the State of California, as Surety, are held and firmly bound unto the
State of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment Fund and any and all
materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the perform-
ance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations
renting or hiring teams, or Implements or machinery, for or contributing to said work to be done, and all persons performing work or labor upon the
same and all persons supplying both work and materials as aforesaid, in the sum of.....................................................................................................
Two Million Seven Hundred Sixty Three Thousand Eighty Eight & 00/100 — 2,763,088.00
.......................................................................................................................................Dollars($................................................}.
lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed with our seals and dated This..............................12th .......... ....... day ol...,........... ....Au..g.....ust.., .. 2019 ............. ........ ...................... 19 ......
The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated... July 19th: 2019
............. ......... with ........... ........... City of San Rafael....--............-._.-................... .....................
...
.............................................................................................................................................................. to do and perform the following work, to wit:
Street Resurfacing 2018-2019, City Project No. 11366
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract Documents or to the Project to be performed thereunder shall in any way 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 Documents or to the Project
NOW THEREFORE, it the shove -bounden Principal, or.........................Ghilotti Bros., Inc
..............................
sub -contractor, fails to pay for any materials, provisions, provender or other supplies or teams, used In, upon, for or about the performance of the
work contracted to be done under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work, the Surety on this bond will pay the same. in an amount not exceeding the sum 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 and to be taxed as costs and to be included in the
judgment therein rendered; PROVIDED that this bond is filed by the Principal to comply with the provisions of Chapter 7, Title XV of the Civ I Code of
California and other applicable provisions of said Title XV relating to Public Work and 'lability hereunder is subject to the provisions of said section
and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof.
Ghilottl Bros, Inr_
................ }
Principe Michael M. Ghilotti, President I Treasurer
.....................HB�Qfd..Fit:� �tlrurance,CornpanY.........................
r
L (SEAL)
PJy.........................._............................. }
Atlorneyin4aet 1 Kelly Holtemann
Form S-3574-3 Printed in LI S A
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other, officer completing this certificate verifies only the identity of
the Individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of _Marin _ )
on August 14, 2019 before me, Deborah Petersen, Notary Public
(here Insert name and title of the officer)
personally appeared Michael M. Ghilotti, President
who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/afe subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/herfthreitr
authorized capacity(itt), and that by his/heritheir 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
r'AIMZ' % DEBORAH PETERSEN
COMM, #2211932 z
Notary Public • California o
Marin County
Comm, Expires . 28, 2021
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney :n Fact
[
-*Corporate Officer(s) President
Title(s)
❑ Guard an/Conservator
❑ Partner - L mited/General
❑ Trustee(s)
❑ Other:
representing: Ghilotti Bros. Inc.
Name(s) of Person(s) or Entity(les) Signer Is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory ev dente:
CYJorm(s) of dentification r) credible w tness(es)
Notarial event is detailed in notary journal on:
Page if Entry 8
Notary contact: Debbie Petersen
Other 415.256.2239
Additional Signer(s) ❑ Signer(s) Thumbprint(s)
El
0 Copyright 2007-2016 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Marin
On CW!%i.S'- i U lq before me,
Date
personally appeared
DeLuca, Notary Public
Hen: Insert Name and Title of the Officer
Kelly Holtemann
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar&
subscribed to the within instrument and acknowledged to me that He/she/they executed the same in
hWher/flieir authorized capacity(les), and that by his/her/theif 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.
Signat m J
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
F-1 Partner — F] Limited ❑ General
❑ Individual I ' Attorne ' ac
❑ Trustee ian or Conservator
❑ Other: _
Signer I presenting:
8fgner's Name:
i i Corporate Officer — Title(s):
F1 Partner — n Limited F1 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www-NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
J. DELUCA
f
Notary Public -California
_; •-;,^��
Marin County
Commissior. 21GGOG1
fvly
�,—
COMM. E;; 2020 �
—_ Aires Oct 2A, i,
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.
Signat m J
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
F-1 Partner — F] Limited ❑ General
❑ Individual I ' Attorne ' ac
❑ Trustee ian or Conservator
❑ Other: _
Signer I presenting:
8fgner's Name:
i i Corporate Officer — Title(s):
F1 Partner — n Limited F1 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www-NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code: 57-554795
0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
o •
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John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD )
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
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Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford.
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199 arir : a ►0� r I �� r�tvup„�c. `. 3 Raosott
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Kevin Heckman, Assistant Vice President
POA 2018
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
POWER
OF
ATTORNEY
HartfOne ord, Conne tcut06155
Bond.Claims(d_)thehartford.com
call. 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODRUFF SAWYER & COMPANY
Agency Code: 57-554795
0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of Unlimited :
Nerissa S. Bartolome, Alicia Dass, Joan DeLuca, Roger C. Dickinson, Patrick R
Diebel, Valerie Garcia, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
o •
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John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD )
On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
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tic�i.lrc.ti.
♦ ��• R
Kathleen T. Maynard
Notary Public
CERTIFICATE My Commission Expires July 31, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 12th, 2019
Signed and sealed at the City of Hartford.
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e • `,
199 arir : a ►0� r I �� r�tvup„�c. `. 3 Raosott
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Kevin Heckman, Assistant Vice President
POA 2018
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Shawn Graf
Extension: 5347
Contractor Name: Ghilotti Bros
Contractor's Contact: Dennis Huette
Contact's Email: dennish@ghilottibros.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
S T RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
Public Works Contract > $125,000
DEPARTMENT
Date of Council approval
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Q
Forward signed original agreements to City
SG
SG
b. Email contract (in Word) & attachments to City
City Attorney
SG
Atty c/o Laraine.Gittens@cityofsanrafael.org
agreement
Review and approve insurance in PINS , and bonds
Q
2
City Attorney
+
a. Review, revise, and comment on draft agreement
7/15/2019
❑
for Public Works Contracts
and return to Project Manager
❑
City Manager/ Mayor
City Clerk
Agreement executed by Council authorized official
Attest signatures, retains original agreement and
b. Confirm insurance requirements, create Job on
9
p Z
PINS, send PINS insurance notice to contractor
forwards copies to Project Manager
3
Project Manager
Forward three (3) originals of final agreement to
7/16/2019
❑x
contractor for their signature
SG
F4
Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑X
Public Works Contract > $125,000
PRINT
Project Manager
Date of Council approval
7/15/2019
SG
CONTINUE ROUTING PROCESS WITH HARD COPY
8/5/2019
5
Forward signed original agreements to City
SG
Attorney with printed copy of this routing form
Review and approve hard copy of signed
6
City Attorney
agreement
Review and approve insurance in PINS , and bonds
7
City Attorney
71 141
for Public Works Contracts
j 4
8
City Manager/ Mayor
City Clerk
Agreement executed by Council authorized official
Attest signatures, retains original agreement and
/G
9
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forwards copies to Project Manager
0'Z to,
RESOLUTION NO. 14705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING, INC. FOR
INSPECTION SERVICES ASSOCIATED WITH THE STREET RESURFACING 2018-
2019 PROJECT, IN AN AMOUNT NOT TO EXCEED $118,348.70
WHEREAS, the City has advertised and received contractor bids for 2018-2019
Street Resurfacing Project, City Project 11366; and
WHEREAS, the City requires outside professional assistance to provide the
construction inspection services for the aforementioned project; and
WHEREAS, staff received a proposal for the required construction inspection
services dated June 27, 2019 from Park Engineering, Inc.; and
WHEREAS, staff has reviewed the proposal and found it to be complete and
within industry standards; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The Council hereby approves and authorizes the City Manager to execute a
Professional Services Agreement with Park Engineering, Inc., as set forth in
the accompanying staff report, for construction inspection services for the
Street Resurfacing 2018-2019 Project in the amount of $118,348.70, subject
to final approval as to form by the City Attorney
2. Funds totaling $118,348.70 shall be appropriated from the Gas Tax Fund
(#206) to the Street Resurfacing 2018-2019 Project (Project No. 11366) to
accommodate this amendment to the agreement.
3. 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, LINDSAY LARA, 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 on Monday, the 15th day of July 2019, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
_
LINDSAY LARA, City Clerk
File No.: 16.06.91
AGREEMENT FOR PROFESSIONAL SERVICES
FOR CONSTRUCTION INSPECTION SERVICES
This Agreement is made and entered into this 2 3 day ofU A -,lS't , 20K , by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PARK ENGINEERING, INC.
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional services are required for inspection
services in connection with the Street Resurfacing 2018-2019 Project, City Project No. 11366; and
WHEREAS, the CONTRACTOR has agreed to render such services;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY'S Project Manager. The Director of Public Works is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of
the progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Jaemin Park is hereby designated as the PROJECT DIRECTOR
for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTIZ4CTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows:
CONTRACTOR shall provide construction inspection services and project oversight as directed by CITY.
DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows: as described in Exhibit "A" attached hereto and incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
up
+� 3
pay CONTRACTOR as follows: on a time and materials basis for services rendered in accordance with
the rates shown in Exhibit "A" attached and incorporated herein, in an amount not to exceed $118,348.70.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
TERM OF AGREEMENT.
The term of this Agreement shall be for (1) year(s) commencing on September 1, 2019 and
ending on September 1, 2020. Upon mutual agreement of the parties, and subject to the approval of
the City Manager the term of this Agreement may be extended for an additional period of up to (1)
year(s).
TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2 The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as
ISO form CG20 01 04 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or worker's compensation
in their text or by endorsement, coverage for
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximurn limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
a
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager: Bill Guerin
Public Works Director
1 1 1 Morphew Street
San Rafael, CA 94901
TO CONTRACTOR's Project Director: Jaemin Park
Park Engineering, Inc.
372 Village Square
Orinda, CA 94563
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR
under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTIIIR TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
%- , L, --
JI SC UTZ, City1�ager
ATTEST:
LINDSAY LARA, City Clerk
CONTRACTOR
By:
Name: Jaemin Park
Title: President/CFO
[If Contractor is a corporation, add signature of second
corporate officer]
APPROVED AS TO FORM: Name: Stephen Patterson
Title: Vice President
ROBERT F. EPSTEIN,ity At -On
EXHIBIT 1
City of San Rafael
2018-19 Resurfacing Project, City Project No. 11316
Cost Proposal for Construction Inspection Services
Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties.
Hours based on full time inspection for the 60 Working Day project duration, with some additional time for pre and post project work.
r � ' � "ITT
Rates
Hours
Name/Classification
Total
Total
Regular
Loaded
Overtime
Pre -Con
Construction
Close-out
Regular
Overtime
Cost
Rate
Rate
Hours
Hours
James Beauchamp, EIT
Assistant Resident Engineer
$ 141.73
$ 212.60
80
560
120
760
50
$ 118,348.70
Total = $ 118,348.70
Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties.
Hours based on full time inspection for the 60 Working Day project duration, with some additional time for pre and post project work.
r � ' � "ITT
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Shawn Graf
Extension: 5347
Contractor Name: Park Engineering
Contractor's Contact: Steve Patterson
Contact's Email: spatterson@park-eng.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Project Manager
Click 11cre to
enter a date.
b. Email contract (in Word) & attachments to City
7/1/2019
Atty c/o Laraine.Gittens@cityofsanrafael.org
®SG
® LG
2
City Attorney
a. Review, revise, and comment on draft agreement
8/15/2019
and return to Project Manager
b. Confirm insurance requirements, create Job on
8/15/2019
® LG
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward three (3) originals of final agreement to
7/17/2019
Project Manager
contractor for their signature
4
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
Public Works Contract > $125,000
Date of Council approval
7/15/2019
SG
PRINT
Project Manager
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Forward signed original agreements to City
8/22/2019
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
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ID
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City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
Z3
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8
City Manager/ Mayor
Agreement executed by Council authorized official
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9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
2