HomeMy WebLinkAboutPW ADA Curb Ramps 2008 ProjectCITY OF
n. 1
Agenda Item No: 8
Meeting Date: January 5, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Wo ks
V ,
0 Prepared by. City Manager Approval:
Director of Public Works (JD)
File No. 16.01.246
SUBJECT: REPORT ON BID OPENING FOR THE 2008 ADA CURB RAMP
PROJECT, PROJECT NO. 15006, AND RESOLUTION AWARDING THE
CONTRACT TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF
$246,894.75
RECOMMENDATION:
Adopt Resolution
BACKGROUND:
In August 2004, the City of San Rafael entered into a Settlement Agreement with the federal
Department of Justice to address lack of compliance with the Americans with Disabilities Act
(ADA) and related accessibility issues in City facilities and the public right-of-way. A portion of
the agreement called for the City to construct curb ramps for each resurfacing project undertaken
since 1992, and for all future resurfacing projects. Public Works has therefore identified a
backlog of approximately 800 curb ramps, approximately 250 of which have been constructed
since 2004.
Public Works hired Harris & Associates to survey sites and prepare construction documents for
this current project. Sixty-two (62) curb ramps are to be constructed.
The City advertised the project in December 5, 2008 and opened bids on December 23, 2008.
The federal Community Development Block Grant (CDBG) program will provide $300,000 of
the project's total cost of $400,000. The General Fund will provide the $100,000 balance. Due
to time restrictions on the federal funds, the contractor must complete construction and submit all
invoices by March 31, 2009.
FOR CITY CLERK ONLY
File No.: � F f - LOCA x 13 -1 -1
Council Meeting: I'S -'20.0g
Disposition: �CSD�y7tD� # r�63�
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 2
ANALYSIS:
The Engineer's Estimate was $322,626.00. The bid from Ghilotti Brothers, Inc., $246,894.75, is
the lowest conforming bid on this project.
The following is a list of the Engineer's Estimate and the bids received:
Engineer's Estimate
$322,626.00
1. Ghilotti Bros., Inc.
$246,894.75
2. Fieldstone Construction Co.
$249,669.00
3. Maxicrete, Inc.
$255,962.50
4. FBD Vanguard Construction, Inc.
$258,752.00
5. Golden Bay Construction
$277,650.75
6. Team Ghilotti, Inc.
$291,148.48
7. Sposeto Engineering, Inc.
$302,185.00
8. Michael Paul Company, Inc.
$308,812.00
9. Ghilotti Construction Co.
$313,326.00
10. Alaniz Construction, Inc.
$322,207.00
11. W.R.Forde Associates
$377,126.00
12. Coast Construction Inc.
$382,026.00
13. North Bay Construction
$381,625.00
Refer to the attached Bid Summary Sheet for complete details on Unit and Total Prices of Items.
FISCAL IMPACT:
The total projected cost for this project is as follows:
Category -Eden Expense Code
Amount
Note(s)
Desi n-01
$77,221.00
Harris & Associates
Construction -02
$271,584.23
Includes 10% contingencies
Construction Management -03
$0.00
In-house
Soils Testing -05
$5,000.00
Consultant
Supplies and Services -07
Construction Inspection -99
$46,194.77
Consultant
Total Projected Cost
$400,000.00
We request that the Council approve $400,000.00 for the project from the following funding
source(s).
Funding Source
Amount Note(s)
General Fund
$100,000.00
Community Development Block Grant
$300,000.00
Total Available Funds
$400,000.00
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:
The City Council may reject all bids but staff does not recommend this option, since all 62 ramps
have to be constructed prior to March 31, 2009 in order to receive full reimbursement from
CDBG.
ACTION tEQUIRED:
Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti
Brothers, Inc. for the amount of $246,894.75.
Enclosures (2)
1. Bid Summary
2. Resolution
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F Z
RESOLUTION NO. 12639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AWARDING CONTRACT FOR 2008 ADA CURB RAMP
PROJECT TO GHILOTTI BROTHERS, INC. IN THE AMOUNT OF
$246,894.75
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, on the 23rd day of December, 2008 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:
"2008 ADA CURB RAMP PROJECT"
PROJECT NO. 15006
In accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the bid of Ghilotti Brothers, Inc. at the unit prices stated in
its bid was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder therefor;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael, that the bid of Ghilotti Brothers, Inc. is hereby accepted at said unit prices
and that the contract for said work is hereby awarded to Ghilotti Brothers, Inc.
IT IS FURTHER ORDERED AND RESOLVED that the City Manager
of said City be authorized and directed to execute a contract with Ghilotti Brothers, Inc.
for said work and to return the bidders bond upon the execution of said contract.
RESOLVED, FURTHER, that the Council does hereby authorize the
Interim Public Works Director to take any and all such actions and make changes as may
be necessary to accomplish the purpose of this resolution.
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City held on the 5th day of January, 2009, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Connolly, Heller, Miller & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Brockbank
ESTHER C. BEIRNE, City Clerk
File No. 16.01.246
City of San Rafael ♦ California
Form of Contract Agreement
for
2008 ADA CURB RAMPS, Project No: 15006
This Agreement is made and entered into this 5th day of January 2009 by and between
the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinafter
called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: 2008 ADA Curb Ramps Project No:
15006, all in accordance with the requirements and provisions of the Contract
Documents as defined in the General Conditions which are hereby made a part of this
Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within forty (40) working days after the date of such
notice and with such extensions of time as are provided for in the General
Conditions.
IV - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $1,000 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.
V - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
AGREEMENT • 1
ITEM
UNIT
EST
UNITITEM
NO.
ITEM
TY
PRICE, $
TOTAL, $
1
Traffic Control
LS
1
13,301.00
13,301.00
2
Pedestrian Control and
LS
1
12,400.00
12,400.00
Accessibility
3
Construct Case A Curb Ramp
SF
945
11.00
10,395.00
4
Construct Case B Curb Ramp
SF
260
11.75
3,055.00
5
Construct Case C Curb Ramp
SF
7665
12.20
93,513.00
6
Construct Case G Curb Ramp
SF
180
15.25
2,745.00
7
Construct Modified Case B
Curb
SF
1010
10.50
10,605.00
Ramp
8
Construct Modified Case C
Curb
SF
2680
13.25
35,510.00
Ramp
9
Construct Combination Case B
SF
1275
12.00
15,300.00
and Case F Curb Ramp
10
Construct Type A Passageway
SF
165
11.50
1,897.50
11
Construct Custom Curb Ramp
SF
2075
12.00
24,900.00
12
Construct PCC Sidewalk
SF
5
24.00
108.00
13
Reconstruct PCC Median
SF
230
14.00
3,220.00
14
Remove and Replace Curb and
LF
37
73.00
2,701.00
Gutter
15
Remove and Replace PCC
SF
95
14.50
1,377.50
Sidewalk
16
Remove and Replace Valley
SF
370
21.00
7,770.00
Gutter
17
Transition Vertical C&G to
Rolled
LF
26
67.00
1,742.00
Curb
18
Relocate Sign
EA
3
225.00
675.00
19
Remove & Reset Sign
EA
10
225.00
2,250.00
20
Install 12" Wide White Stripe
LF
181
5.15
932.15
(Thermoplastic)
21
Install 12" Wide Yellow Stripe
LF
204
5.15
1,050.60
(Thermoplastic)
22
Install Red Curb Paint
LF
54
1.75
94.50
23
Install Yellow Curb Paint
LF
30
1.75
52.50
24
Adjust Water Valve to Grade
EA
2
130.00
260.00
25
Adjust Water Meter to Grade
EA
1
140.00
140.00
26
Ad'ust Manhole to Grade
EA
3
300.00
900.00
Grand 'Folal
$246,894.7;
AGREEMENT • 2
VI - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department shall
prepare and submit an estimate covering the total quantities under each item of
work that have been completed from the start of the job up to and including the
25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together
with such supporting evidence as may be required by the City and/or Contractor .
(b). On not later than the 15th day of the month, the City shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the estimate
as approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration
of 35 days following the filing of the notice of completion and acceptance of the work
by the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract from
time to time, without retention of any portion of the payment by the public agency,
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VII - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50%
of the Contract Price, before the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(e) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
AGREEMENT 0 3
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST:
is-fk'e-e— G , 4�a ZOL,-.
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
y
lot I
............
Robert F. Epstein
City Attorney
CITY OF SAN RAFAEL:
r
4no off ..._ _ ..._ .
City Man r
CONTRACTOR:
for 6MOTH OSIJ I' '
MICHAEL M. MOM
PRESMENTMTASURER
AGREEMENT • 4
Bond Executed in Duplicate
FAITHFUL PERFORMANCE BOND Bond No 08936086
PUBLIC WORK
(The premium charged on this bond is $ 1,839.00 being at
the rate of %$100,000 @ 8.75/M per thousand of the contract price)
Next $146,894.75 @ 6.56/M
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS the City of San Rafael
State of California, entered into a contract dated January 5th 2009 with
Ghilotti Bros., Inc.
hereinafter designated as the "Principal,"
for the work described as follows: 2008 ADA Curb Ramps, Project No. 15006
and
WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful
performance of said contract.
NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland a
corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto
of San Rafael in the penal sum of
Two Hundred Forty Six Thousand Eight Hundred Ninety Four & 75x/100 -- Dollars ($ 246,894.75 ),
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according, to their true intent and meaning, and shall indemnify and save harmless the
City of San Rafael its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying
the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, We have hereunto set our hands and seals this 9th day of January 2009
PRF71001 CA0201 f
Ghilotti Bros., Inc.
By ell
Michael M. Ghilotti, President/Treasurer
Fidelity and Deposit Company of Maryland
By wt1 I —
Kelly Holt ann , Attorney -in -Fact
� , 1
State of California
County of Marin
on January 12, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, Presidenffreasurer ,
who proved to me on the basis of satisfactory evidence to be the personks-rwhose name(wis/am
subscribed to the within instrument and acknowledged to me that he/-shVthey executed the same in
his1heWJ2eir authorized capacity(ies), and that by his/ -eMh& signaturq(0 on the instrument the
person fps'), or the entity upon behalf of which the personX 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 m hand and official seal. "" THLEEN J.. FR�ECKHAUSY Corrs lss@on
;t m Notary Public . California a
a° A Morin County
sM MVComrn.E0esNov13,2010
Signature (Seal)
ACKNOWLEDGMENT
State of California
County of _ __Marin
On ,1/9/09 before me, J. DeLucayNotar _Public
(insert name and title of the officer)
personally appeared Kelly Holtemann
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ei
subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in
-MT/her"rauthorized capacity0es); and that byttisiher/their' signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
0. * `'>.
J. DELUCA D
COMM. #1815054
tfF�
NOTARY PUBLIC-CAUFORMA 0
M.RiN000NTY
y Comm. Expires October 24. 2012
(Seal)
Bond Executed in Duplicate 08936086
Bond No.
Premium: Included
PAYMENT BOND
PUBLIC WORK
Section 3247-3252 inclusive, Civil code)
(Premium included in Faithful Performance Bond)
KNOW ALL MEN BY THESE PRESENT:
That, Whereas
City of San Rafael
has awarded to
Ghilotti Bros., Inc.
as Principal, a contract for the work described as follows: 2008 ADA Curb Ramps, Project No. 15006
AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the
payment of claims of laborers, mechanics, materialmen, and other persons as provided by law:
NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the
City of San Rafael
in the amount required by law, the sum of
Two Hundred Forty Six Thousand Eight Hundred Ninety Four & 75/100 --
Dollars ($246,894.75 ) for which payment well and truly be made we bind ourselves, our heirs
executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors,
administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code
Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed
by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment
Development Department from the wages of employees of the principals and his subcontractors pursuant to
section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or
Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable
attorney's fee to be fixed by the court.
PAY71001 CA0202f
In witness Whereof, We have hereunto set our hand and seals this 9th
day of January 2009
Ghilotti Bros., Inc.
Principal
���„ �m m
By. ,. ., ° o
Michael M. nhilo ti, President/Treasurer
Fidelity anXM-k-1
.t Company of Maryland
By:, , —
Kelly Holtemann , Attorney -In -Fact
ACKNOWLEDGMENT
State of California
County of Marin
on January 12, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, Presidenffreasurer ,
who proved to me on the basis of satisfactory evidence to be the personkwwhose namekwis/am
subscribed to the within instrument and acknowledged to me that he/shlWthey executed the same in
histhedtheir authorized capacityoerg), and that by his/FSUT/th& signature;W on the instrument the
person, or the entity upon behalf of which the personf,,b'jacted, 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
KATHLEEN J. FREW ECKHAUS
Commission # 1 704510
Notary Public - California
Marin County
My Comm. Expires Nov 13„ 2010
(Seal)
ACKNOWLEDGMENT
State of California
County of Marin
On 1/9/09_ before me, _ J. DeLuca,_Notary_Pub
lic
(insert name and title of the officer)
personally appeared Kelly Holtemann___
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/aFe
subscribed to the within instrument and acknowledged to me that I re/she/lhe)r executed the same in
rttts/herAlTeirauthorized capacity(iesr and that bytr cher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
;lam
J. DELUCA D
1-�•�,,
comm. #1815054
NOTARY PUBLIC—CALIFORNIA
0
\c'•>•: r %.:.i
MARIN COUNTY
(Seal) My
Comm. EI¢ims October 24, 2012 ''
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Law id Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff t a reof, does hereby
nominate, constitute and appoint Kelly HOLTEMANN and Joan DEL r , California, EACH
its true and lawful agent and Attorney -in -Fact, to make, execu o as surety, and as its
act and deed: any and all bonds and undertakin n o ertakings in pursuance of these
w7presents, shall be as binding upon said Co
, a 1 )' and purposes, as if they had been duly
executed and acknowledged b d panyat its office in Baltimore, Md., in their own
proper persons. This t e r3"'ehalf of Kelly HOLTEMANN, dated August 30, 2007.
The said Assistant
Section 2, of the By -
mat the extract set forth on the reverse side hereof is a true copy of Article VI,
, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December,
A.D. 2007.
ATTEST:
'gyp DEPOS
W
IML
State of Maryland1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gregory E. Murray Assistant Secretary
Lo
Theodore G. Martinez
On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
n
POA -F 016-0949G
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages .... and to affix the seal of the Company thereto."
L4q ;1 :4 110 W_
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed .he corporate seal of the said Company,
this 9th day of January 2009
9
Assistant Secretary
A CORDCERTIFICAI OF LIABILITY INSURANOP ID SD
DATE (MM/DD/YYY)
I
_
GHILO-1
01/09/09
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TYPE OF INSURANCE
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Don Ramatici Insurance, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 551
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Petaluma CA 94953
Phone: 707-782-9200 Fax: 707-782-9300
INSURERS AFFORDING COVERAGE NAIC #
INSURED
INSURER A: Natl Fire Ins. Co. of Hartford 20478
INSURER B: Transportation Ins. Co. 20494
X
INSURER C: Continental Casualty Company 20443
Ghilotti Bros., Inc.
INSURER D: Zurich American Ins Co of Ill
525 Jacoby Street
San Rafael CA 94901
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IMM
LTR
AUU'�
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MM/DD/YY
DATE MM/DD/YYION
LIMITS
San Rafael, CA 94915
GENERAL LIABILITY
EACH OCCURRENCE s2,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
GL2 0 98131032
10/01/08
10/01/09
lEe occurence) $100,000
CLAIMS MADE FX] OCCUR
-PREMISES
MED EXP (Any one person) $ 5,000
PERSONAL BADV INJURY $ 2,000,000
X Brd Form PD
$10,000 PO DED - PER OCC
X Cntrctl/XCU Incl.
GENERAL AGGREGATE s4,000,000
INDEP. CONTRACTORS INCL.
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 4,000,000
POLICY X jE 0 LOC
Em 1 Liab 1,000,000
B
AUTOMOBILE
X
LIABILITYCOMBINED
ANY AUTO
BUA2087746336
10/01/08
10/01/09
SINGLE LIMIT $1,000,000
(Ea accident)
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident) $
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident) $
X
Ded. $1000 APD
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY AGG $
ANY AUTO
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $ 10,000,000
C
X I OCCUR EICLAIMSMADE
L209BO41315
10/01/08
10/01/09
AGGREGATE $ 10,000,000
$
DEDUCTIBLE
$
X RETENTION $10,000
WORKERS COMPENSATION AND
X TORY LIMITS ER
D
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
WC427761402
10/01/08
10/01/09
E,L EACH ACCIDENT $ 1,000,000
E DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under
SPECIAL PROVISIONS below
E.L DISEASE -POLICY LIMIT $1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder.
JOB: 2008 ADA Curb Ramps, Project #15006, GBI #08438
*Ten day notice would be sent on non payment.
**its elective & appointive Boards, Commissions, Officers,Agents & Employees
30*XG140331A99
CERTIFICATE HOLDER CANCELLATION
SANRAF4
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EN91RAVeRi0 MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT AlhURET898-888HAL-L
City of San Rafael
Dept. of Public Works
Pie 46 URER UPS OR -
P.O. Box 151560
AU IZED RESE E
San Rafael, CA 94915
ACORD 25 (2001/08) t— —� `^"� uK1'AZ8RD CORPORATION 1988
G -140331-A99
(Ed. 10/1)
CNA
For All Commitments You Make* Named Insured: Ghilotti Bros., Inc. Policy No. GL2098131032
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C.1.OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
City of San Rafael, its elective and appointive boards, 2008 ADA Curb Ramp Project
commissions, officers, agents & employees Project #]5006 GBI #08438
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including
any person or organization shown in the schedule above, (called additional insured) whom you are required to add as
an additional insured on this policy under a written contract or written agreement; but the written contract or written
agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury."
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured solely for liability due to your negligence and
specifically resulting from "your work" for the additional insured which is the subject of the written contract
or written agreement. No coverage applies to liability resulting from the sole negligence of the additional
insured.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or
written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are
inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of
"insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage"
arising out of the "products -completed operations hazard" unless required by the written contract or written
agreement.
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or
failure to render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
G -140331-A99
(Ed. 10/01)
G -140331-A99
(Ed. 10/1)
b. Supervisory, or inspection activities performed as part of any related architectural or engineering
activities.
C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS are amended as follows:
1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition:
e. An additional insured under this endorsement will as soon as practicable:
(1) Give written notice of an occurrence or an offense to us which may result in a claim or
"suit" under this insurance;
(2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under
this Coverage Part;
(3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also
has insurance for a loss we cover under this Coverage Part; and
(4) Agree to make available any other insurance which the additional insured has for a loss
we cover under this Coverage Part.
f. We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or "suit" from the additional insured.
1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over any other insurance naming the additional insured as an
insured whether primary, excess, contingent or on any other basis unless a written contract
or written agreement specifically requires that this insurance be either primary or primary
and noncontributing to the additional insured's own coverage. This insurance is excess
over any other insurance to which the additional insured has been added as an additional
insured by endorsement.
When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured against any "suit" if any other insurer has a duty to defend the additional
insured against that "suit." If no other insurer defends, we will undertake to do so, but we
will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other
insurance.
We will share the remaining loss, if any, with any other insurance that is not described in
this Excess Insurance provision and was not bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations of this Coverage Part.
G -140331-A99
(Ed. 10/01)
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. O
FROM
DEPARTMENT:
Stephen Castaldo
(JD)
Public Works
DATE: 12/29/08
TITLE OF DOCUMENT:
DATE OF MEETING: 1/5/09
REPORT ON BID OPENING ON DECEMBER 23, 2008 FOR THE 2008 ADA CURB RAMP
PROJECT, PROJECT NO. 15006, AND RESOLUTION AWARDING THE CONTRACT TO
GHILQTTI BROTHERS, INC., IN THE AMOUNT OF $246,894.75
Deparfinent"Head (signature)
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPRC/ RM
AGE DA TEM: .%
City Nhkager (signature) City Attorn (ignature)
NOT APPROVED
REMARKS:
File No.: 16.01.246