HomeMy WebLinkAboutPW Deep Lift Asphault Repairs 2008 Project-rr aF Agenda Item No: 15
n, Meeting Date: March 16, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public /
Prepared by- ' City Manager Approval:
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SUBJECT: REPORT OF BID OPENING AND RESOLUTION AWARDING THE CONTRACT
FOR DEEP LIFT ASPHALT REPAIRS 2008/2009, PROJECT NO. 11132, TO
GHILOTTI BROS., INC., IN THE AMOUNT OF $89,700.
RECOMMENDATION:
Adopt resolution.
BACKGROUND:
The Deep Lift Asphalt Repairs 2008/2009 project targets three collector and two arterial streets
throughout the City of San Rafael for repairs. The streets to be repaired are: Kerner Boulevard
from Bellam Boulevard to Canal Street, Knight Drive from Alderwood Way to the end, Las
Gallinas Avenue from Montevideo Way to Lucas Valley Road, and Smith Ranch Road from the
southbound Highway 101 on-ramp to Silveira Parkway. Bids for Deep Lift Asphalt Repairs
2008/2009 were opened on March 12, 2009.
ANALYSIS:
The City expects to receive $989,000 from the President's Economic Stimulus Program, which
will be spent on a street resurfacing project that is currently at Caltrans awaiting approval to
proceed. There are constraints on the Economic Stimulus money such as having to award the
project within 75 days and that the money can only be spent on arterial or collector streets. In
order to comply with the requirements, Caltrans has requested that the projects be streamlined
in order for them to review the projects coming to them from all of the cities and counties in their
districts within the time constraints.
In order to streamline the Caltrans review process, two projects were put out to bid to prepare
for the street resurfacing project. This project, formally bid, will repair the street failures and
another project "Street Resurfacing 08/09 — ADA Curb Ramps", informally bid with bids opening
on March 18, 2009, will construct the ADA required curb ramps on the two arterial and two
FOR CITY CLERK ONLY
File No. Li —/_6U4
Council Meeting: Z 11(oto9
Disposition: Pt5sa_U rt Orth —4-f9_644-
SAN RAFAEL CITY COUNCIL, AGENDA REPORT / Page: 2
collector streets. These two projects have been submitted to Caltrans for informational
purposes only since they will be funded with local funds and will not require Caltrans oversight.
The following is a list of the Engineer's Estimate and the bids received:
Engineer's Estimate
$100.000
1. Ghilotti Bros., Inc.
$ 89,700
2. G.D. Nielson Construction, Inc.
$121,292
3. Ghilotti Construction Company
$127,540
4. W.R. Forde Associates
$129,080
5. W.K. Mc Lellan Co., Inc.
$149,800
6. Maggiora & Ghilotti, Inc.
$158,441
7. Team Ghilotti, Inc.
$163,450
8. J.A. Gonsalves & Son Construction, Inc.
$170,420
Refer to the attached Bid Summary Sheet for complete details on Unit and Total Prices of Items.
FISCAL IMPACT:
The total proiected cost for this proiect is as follows:
Category -Eden Expense Code
Amount Note(s)
Design -01
In-house.
Construction -02
$98,670 Lowest bid, includes 10% contingency
Construction Management -03
Land Acquisition -04
Site Testing -05
Furniture and Equipment -06
Supplies and Services -07
Personnel -08
Construction Inspection -99
$18,700 Contract Inspector
Total Projected Cost
$117,370
We request that the Council approve $180,000.00 for the project, from the following funding
source(s):
Source Amount Note(s)
Proposition 1 B $180,000.00 08-09 Allocation
Total Available Funds $180,000.00
OPTIONS:
The Engineer's Estimate was $100,000. Ghilotti Bros., Inc. with a bid of $89,700 is the lowest
and responsible bidder for this project. The City Council may reject all bids, but staff does not
recommend this option, since the bids reviewed are very competitive and well within current
construction costs.
ACTION REQUIRED:
Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti
Bros., Inc. in the amount of $89,700.
Enclosures (2)
1. Bid Summary
2. Resolution
City of San Rafael • California
Form of Contract Agreement
for
Deep Lift Asphalt Repairs 2008/2009
Project No: 11132
This Agreement is made and entered into this 16th day of March 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: Deep Lift Asphalt Repairs 2008/2009,
Project No. 11132, all in accordance with the requirements and provisions of the
Contract Documents as defined in the General Conditions which are hereby made a
part of this Agreement. The liability insurance provided to the City by contractor under
this Agreement shall be primary and excess of any other insurance available to the
City.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within 5
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within 15 working days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
IIII - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $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.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
AGREEMENT 0 1
ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
NO.
1. Mobilization
2. Traffic Control
3. Deep Lift Pavement
Patching
GRAND TOTAL BID
V - Progress Payments
LS @ $500.00
LS @ $5,200.00 =
320 CY @ $262.50 =
$500.00
$5,200.00
$84,000.00
$89,700.00
(a). On not later than the 6th day of every month the Public Works Department shall
prepare and submit an estimate covering the total quantities under each item of
work that have been completed from the start of the job up to and including the
25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together
with such supporting evidence as may be required by the City and/or Contractor.
(b). On not later than the 15th day of the month, the City shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the estimate
as approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the expiration
of 35 days following the filing of the notice of completion and acceptance of the work
by the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract from
time to time, without retention of any portion of the payment by the public agency,
by depositing securities of equivalent value with the public agency in accordance
with the provisions of Section 4590 of the Government Code. Such securities, if
deposited by the Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
AGREEMENT • 2
(c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50%
of the Contract Price, before the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(e) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST:
' CITY OF �SAN RAFAEL:
Esther C. Beirne Albert koro
City Clerk Mayor
APPROVED AS TO FORM:
7
Robert F. Epstein
City Attorney
CONTRACTOR:
for PR " M g
GMOZTI BROS., INC.
AGREEMENT • 3
RESOLUTION NO. 12677
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING THE CONTRACT FOR DEEP LIFT ASPHALT REPAIRS
2008/2009, PROJECT NO. 11132 TO GHILOTTI BROS., INC., IN THE AMOUNT
OF $89,700.
WHEREAS, on the 12`h day of March, 2009, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine, and declare all sealed bids or proposals for doing
the following work in said City, to wit:
"DEEP LIFT ASPHALT REPAIRS 2008/2009"
PROJECT NO. 11132
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the streets designated for repairs are eligible to be funded utilizing
Proposition IB funds; and
WHEREAS, the bid of Ghilotti Bros., Inc. at the unit prices stated in its bid was
and is the lowest and best bid for said work and said bidder is the lowest responsible
bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
Council approved the streets designated for deep lift asphalt repairs to be funded utilizing
Proposition 1 B funds.
RESOLVED FURTHER, that the bid of Ghilotti Bros., Inc. and the same is
hereby accepted at said unit prices and that the contract for said work and improvements
be and the same is hereby awarded to said Ghilotti Bros., Inc. at the unit prices
mentioned in said bid.
RESOLVED FURTHER, that the Mayor of said City be authorized and
directed to execute a contract with Ghilotti Bros., Inc. for said work, in a form
approved by the City Attorney, and to return the bidders bond upon the execution
of said contract.
RESOLVED FURTHER, that the Interim 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, 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 16th day of March,
2009, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Brockbank, Connolly, Miller & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Heller
ESTHER C. BEIRNE, City Clerk
File No. 16.06.70
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ROUTING SLIP FOR APPROVAL OF
CONTRACTS / AGREEMENTS / ORDINANCES / RESOLUTIONS
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL
CONTRACT / AGREEMENT / ORDINANCE / RESOLUTION
BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO:
DATE OF MEETING: March 16,2009--
FROM:
CX009 -
FROM: Nader Mansourian
DATE: March 12, 2009 ��� , t� .�. 2
ORIGINATING DEPARTMENT: Public Works
TITLE OF DOCUMENT:
REPORT OF BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR
DEEP LIFT ASPHALT REPAIRS 2008/2009, PROJECT NO. 11132, TO GHILOTTI BROS.,
INC., IN THE AMOUNT OF $89,700.
Nader Mansourian
(for Parviz Mokhtari, Interim PW Director)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
Reviewed - y City Manager / Executive Director
Approved as Council / Agency Agenda Item
APPROVED AS TO FORM:
City Attorney (Signature)
CITY OF SAN RAFAEL
OPENING OF SEALED BIDS
RE: Deep Lift Asphalt Repairs 2008/2009
PROJECT NO. 11132
Date of Bid Opening: Thursday, March 12, 2009 @ 2:30 p.m.
NAME OF BIDDER
W.R. Ford Associates
984 Hensley Street
Richmond, CA 94801
Ghilotti Bros. Inc.
525 Jacoby Street
San Rafael, CA 94901
Ghilotti Construction
246 Ghilotti Avenue
Santa Rosa, CA 95407
J.A. Gonsalves & Son
P.O. Box 6553
Napa, CA 94581
Maggiora & Ghilotti, Inc.
555 DuBois Street
San Rafael, CA 94901
W.K. McLellan Co. Inc.
254 Sears Point Road
Petaluma, CA 94954
G.D. Nielson
147 Camino Oruga
Napa, CA 94558
Team Ghilotti
2531 Petaluma Blvd. South
Petaluma, CA 94952
ENGINEER'S ESTIMATE:
AMOUNT
$129,080.00
$ 89,700.00
$127,540.00
$170,420.00
$158,451.00
$149,800.00
$121,292.00
$163,450.00
$100,000
PW Street Resurfacing 2007Y2008
CITY OF SAN RAFAEL
OPENING OF SEALED BIDS
RE: Deep Lift Asphalt Repairs 2008/2009
PROJECT NO. 11132
Date of Bid Opening: Thursday, March 12, 2009 @ 2:30 p.m.
NAME OF BIDDER AMOUNT
W.R. Ford Associates
984 Hensley Street $
Richmond, CA 94801
Ghilotti Bros. Inc. cJ
525 Jacoby Street $
San Rafael, CA 94901
Ghilotti Construction
246 Ghilotti Avenue $
Santa Rosa, CA 95407
J.A. Gonsalves & Son
P.O. Box 6553 $ ! Lj
Napa, CA 94581
Maggiora & Ghilotti, Inc.
555 DuBois Street $ 1
San Rafael, CA 94901
W.K. McLellan Co. Inc.
254 Sears Point Road $
Petaluma, CA 94954
G.D. Nielson
147 Camino Oruga
Napa, CA 94558
Team Ghilotti
2531 Petaluma Blvd. South $
16 3
Petaluma, CA 94952
ENGINEER'S ESTIMATE: $100,000
PW Street Resurfacing 2007/2008
CITY OF
0 . Mayor
YCU.tkbert J. Boro
T-
memo
Council Members
Greg Brockbank
Damon Connolly
Barbara Heller
Cyr N. Miller
PUBLIC WORKS - ADMIN/ENGINEERING: (415) 485-3355 FAX: (415) 485-3334
FAXED, E-MAILED AND MAILED
February 17, 2009
P. O. No. 00449
Independent Journal
P.O. Box 6150 File No: 16.06.70
Novato, CA 94949
FAX NO: 382-1535
Attn: Donna Lazarus
Re: NOTICE INVITING SEALED PROPOSALS -
DEEP LIFT ASPHALT REPAIRS 2008/2009
PROJECT NO: 11132
Enclosed is one copy of Notice Inviting Sealed Proposals for Public Works entitled:
"DEEP LIFT ASPHALT REPAIRS 2008/2009".
Please publish the enclosed notice on February 19, 2009 and furnish us with Galley
Proof and Proof of Publication in duplicate.
Thank you for your cooperation in this matter.
Sincerely yours,
Diane Decicio <�
Sr. Associate Engineer o rrn
DD: dw LnC.7:;
Enclosure (1) _ :;a-<
cc: Esther C. Beirne, City Clerk (2 copies-w/encls.) ;- �,,r-
Project Engineer (w/encl.) CA rn=
Secretaries (2) (w/encl.) r - :K
111 Morphew Street, P. O. Box 151560, San Rafael, CA 94915-1560
CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS
NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS
Notice is hereby given that the City of San Rafael Department of Public Works will
receive bids for furnishing all labor, materials, equipment and services for
DEEP LIFT ASPHALT REPAIRS 2008/2009
PROJECT NO. 11132
Each bid shall be in accordance with the plans, specifications and other contract
documents now on file with the City Clerk, City Hall, San Rafael, California; and may be
examined and copies may be obtained at the Department of Public Works, 111 Morphew
Street, P. O. Box 151560, San Rafael, CA 94915-1560. Cost shall be Twenty Five
Dollars ($25.00) per set, non-refundable. Cost of mailing sets shall be an additional Five
Dollars ($5.00) per set.
Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State
of California, the City of San Rafael has ascertained the general prevailing rate of per
diem wages and rates for legal holiday and overtime work in the locality where the work
is to be performed for each craft or type of workmen or mechanics needed to execute the
contract which will be awarded the successful Bidder. The prevailing rates so determined
by the City are on file in the office of the City Clerk, copies of which are available to any
interested party on request.
Each bid shall be made out on the form to be obtained at the Department of Public
Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by
cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made
payable to the order of the City of San Rafael; shall be sealed and filed with said City
Clerk, Room 209, 1400 Fifth Avenue, San Rafael, California 94901 on or before
2:30 P.M., Thursday, March 12, 2009.
The City reserves the right to reject any or all bids or to waive any informality in a bid.
Dated: February 19, 2009 '`Zs—M-_� )&E4 K"z
ESTHER BEIRNE
City Clerk
PROOF OF PUBLICATION
(2015.5 C.C.P.)
....CITY OF 'SW)w. r .....................................
TWITINO' SEAL'EU PROPO'SAUS'
....... DEEP 'LIFT' ASi'11t'AL`i`'ItEPA'IRS'2008/200
...............................................................................................
STATE OF CALIFORNIA
County of Marin ss
I ani a. citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and not
a party to or interested in the above matter. I am the prin-
cipal clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which newspaper
lips been adjudged a newspaper of general circulation by the
Superior Court of the County of Marin, State of California,
under date of FEBRUARY i, 1955, CASE iVUMBER 25568;
that the notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
all in the year 2009.
I certify for declare) under penalty of Perjury that the
foregoing is true and correct.
Dogna L4zarus
Signature
Dated this.....19......day of .....FEB ...............2009
TIOFSRFECIYAN AAE
2009 FEB 23 AM 9: 34
Proof of Publication of
PROOF OF PUBLICATION
CITY OF SAN RAFAEL -
DEPARTMENT OF PUBLIC WORKS
NOTICE INVITING SEALED PROPOSALS
FON PUBLIC WORKS
Notice is hereby given that the City of San Rafael Depart-
ment of Public Works will receive bids for furnishing all la-
bor, materials, equipment and services for
DEEP LIFT ASPHALT REPAIRS 2DOB/2009
PROJECT NO. 11132
Each bid shall be in accordance with the pians, speclflca-
tions and other contract documents now on file with the
City Clerk, City Hall, San Rafael, California; and may be ex-
amined and copies may be obtained at the Department of
Public Works, 111 Morphew Street, P. 0. Bax 151560, San
Rafael, CA 94915-1560. Cost shall be Twenty Five Dollars
($25.00) per set, non-refundable. Cost of mailing sets shall
be an additional Five Dollars ($5.00) per seL
Bidders are hereby notified that pursuant to Section 1770 of
the labor Code of the State of California, the City of San Ra-
fael has ascertained the general prevailing rate of per diem
wages and rates for legal holiday and overtime work In the
locality where the work is to be performed for each craft or
type of workmen or mechanics needed to execute the con-
tract which will be awarded the successful Bidder. The
prevailing rates so determined by the City are on file In the
office of the City Clerk, copies of which are available tD any
Interested party on request
Each bid shall be made out on the form to be obtained at
the Department of Public Works, 111 Morphew Street, San
Rafael, California 94901 and shall be accompanied by rash,
certified check or bidder's band for ten percent (10%) of the
amount of bid, made payable to the order of the City of San
Rafael; shall be sealed and filed with said City Clerk, Room
209, 1400 Fifth Avenue, San Rafael, California 94901 on or
before 2:30 P.M., Thursday, March 12, 2009.
The City reserves the right to reject any or all bids or to
waive any informality in a bid.
Dated: February 19, 2009 /s/Esther C. Beime
ESTHER BORNE
N0.166 Feb 19, 2009 City Clerk
ACORD CERTIFICATE OF LIABILITY INSURANCE OF ID SP
DATE(MM/DD/YYYY)
GHILO-1
03/18/09
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSWSR
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
A X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/08 10/01/09
�p
Phone: 707-782-9200 Fax: 707-782-9300
INSURERS AFFORDING COVERAGE NAIC #
INSURED
INSURER& Natl Fire Ina. Co. of Hartford 20478
INSURERS, Transportation Ins. Co. 20494
........
X Brd Form PD $10,000 PD DED - PER OCC
_ ....�
INSURER C Continental Casualty company 20443
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael CA 94901
INSURER D! Zurich American Ins Co of Ill
INSURER E
$4,000,000
,.,
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 CLAIMSWSR
Dull.
TR SR TYPE OF INSURANCE ..... .... • DATE MMIDD D .• _.- -••-
L POLICY NUMBER I ATE MMIDDIYY LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
j s 2000, 000
A X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/08 10/01/09
�p
PREMISES lEaoccurence)
�..
$100,000 .
CLAIMS MADEX.1 OCCUR
'MED EXP (Any one person)
S 5 , OOO m..,.
........
X Brd Form PD $10,000 PD DED - PER OCC
_ ....�
PERSONALSADV INJURY
_ �................. ...._....
s 2 000, 1111,,, 1.000....
..._ _....V. .._............__._. _.
X Cntrctl/XCU Incl. INDEP. CONTRACTORS INCL,
GENERAL AGGREGATE
$4,000,000
,.,
GEN'L AGGREGATE LIMIT APRO-PLIES PER,
PRODUCTS - COMP/OP AGO
$ 4,000,000
POLICY X JECT N LOC
Em 1 Liab
1 000,000
AUTOMOBILE
LIABILITY ".
COMBINED SINGLE LIMIT
s1 000 000
B
X
ANY AUTO BUA2087746336
10/01/08 10/01/09
(Ea accident)
, ,
T
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
X
HIRED AUTOS
BODILY INJURY
$
i X
NON•OWNEDAUTOS
(Per accident)
X
Ded. $1000 APD
___._._._,.,.._...____..__w—....�..
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY i
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
EA ACC
OTHER THAN _....._
S ...., ,,,
.
4
AUTO ONLY. AGG
' $
EXCESSIUMBRELLALIABILITY i
EACH OCCURRENCE
$10,000
C
X OCCUR ❑ CLAIMS MADE L2098041315 10/01/08 10/01/09
,H./000
AGGREGATE
,•,_
$10,000,000
T$
DEDUCTIBLE
...._
. .,,......._.......A....w..a, ,.
X RETENTION $10,000
s
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
X TORY LWU IMITS _ER
D
WC427761402
10/01/08 10/01/09
E. L. EACH ACCIDENT
$ 0 GTiw
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
— .---�- ��.
E.L. DISEASE - EA EMPLOYEE $ OO
If yyes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE -POLICY LIMIT
„
S O O
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder.
�C-J
Drn
JOB: Deeplift Asphalt Repair 2008-2009, Project #11132; GBI #09405
*Ten day notice would be sent on non payment.
to rte-=
**agents & employees & Dept. of Public Works
30*13140331A99/SPECIAL
CERTIFICATE HOLDER
City of San Rafael, its
elective & appointive Baords,
Commissions, officers, **
P.O. Box 151560
San Rafael, CA 94915
CANCELLATION
SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
F1 at! INGURGR I;FG I GE -1-6 OR
ACORD 25 (2001/08) r-- `-"vv' U"VACeRD CORPORA
G -140331-A99
(Ed. 10/1)
CNA
For All Commitments You Mahe* 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 Oreanization:
City of San Rafael, its elective Boards,
Commissions, officers, agents & employees
Dept. of Public Works
Desienated Proiect:
JOB: Deeplift Asphalt Repair 2008/2009
Project #11132; GBI #09405
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section 11) 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 E 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:
G -140331-A99
(Ed. 10/0 1)
G -140331-A99
(Ed. 10/1)
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
b. Supervisory, 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.
E 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)
f:(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)
Bond Executed in Duplicate
FAITHFUL PERFORMANCE BOND Bond No 08936097
PUBLIC WORK
(The premium charged on this bond is $ 785.00 , being at
the rate of % 8.75 per thousand of the contract price)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS the City of San Rafael
State of California, entered into a contract dated March 16th 2009 with
Ghilotti Bros., Inc.
hereinafter designated as the "Principal,"
for the work described as follows: Deep Lift Asphalt Repair 2008/2009, Project No. 11132
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
nine thousand seven hundred & 00/100 ---
Dollars ($ 89,700.00
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 16th day of March 2009
PRF71001CA0201f
Ghilotti Bros., Inc.
,P M
By ,Principal
,''
Fidelity and Deposit Qompanv of Maryland
By
Kelly Holte ann , Attorneyin-Fact
IT111150111, Iv [90TIRAIX11i 1411114
State of California
County of —..-,,.,--Marin
On March 20, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, PresidenVTreasurer �
who proved to me on the basis of satisfactory evidence to be the persons) whose name(sf is/ire,
subscribed to the within instrument and acknowledged to me that he/ a.y executed the same in
his authorized capacity ' , and that by his r signature(4 on the instrument the
person(, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
.pro
�a "0 r�r rF'I EM!Xj
Comrnksbn # 170 10
Notary d�wAjc - C'o{BrornRa Z.
,,...�,
r�6orbn ��ur°dry o
nr�. a sus Nov 13, -,010
Signature"`°
(Seal)
State of California
County of Marin
On 3/16/09
ACKNOWLEDGMENT
before me,__ J. DeLuc _Notary Public
(insert name and title of the officer)
personally appeared Kel_y Holtemann
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s� is/tea
subscribed to the within instrument and acknowledged to me that fie/she/" executed the same in
+OeYher/their authorized capacity(4esi and that by his/her/tfe' signature(e� on the instrument the
person(, or the entity upon behalf of which the person(.&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __ -3
0 J. DELUC� q �
I COMM. #1815054 D
NOTARY PUBUC.CAUFORNIA
MARIN COUNTY 0
(Seal) M Comm. E.Vires October 24, 2012
When recorded mail to:
City of San Rafael
Esther C. Beirne, City Clerk
1400 Fifth Avenue
P. O. Box 151560
San Rafael, CA 94915-1560
2 7`0
Recorded
Official Records
County of
t1ari n
JOAN; C. T'iAYER
Assessor -Recorder
I 0: 0-A�l 05-12.) -2009
REC EE 0.00
a
Pape 1 of 1
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF SAN RAFAEL
NOTICE OF COMPLETION OF IMPROVEMENT
TO ALL PERSONS WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of
California, that there has been a cessation of labor upon the work or improvement and that said work
or improvement was completed upon the 20th day of April, 2009 and accepted the 21st day of April
2009; that the name, address and nature of the title of the party giving this notice is as follows: The
City of San Rafael, a municipal corporation, in the County of Marin, State of California, within the
boundaries of which said work or improvement was made upon land owned by said City and/or over
which said City has an easement; that said work or improvement is described as follows:
DEEP LIFT ASPHALT REPAIRS 2009
Project#11132
and reference is hereby made for a further description thereof to the plans and specifications approved
for said work or improvements now on file in the office of the City Clerk of said City, and said plans
and specifications are hereby incorporated herein by reference thereto; and that the name of the
Contractor who contracted to perform said work and make such improvement is
Ghilotti Bros., Inc.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at San Rafael, California, on ./W1J S 20
CITY OF SAN RAFAEL
A Municipal Corporation
By
NADER MANSOURIAN
Assistant Public Works Director
STATE OF CALIFORNIA
COUNTY OF MARIN
On this 511, day of h1AY 20 05, before me, ESTHER C. BEIRNE, City Clerk of the
City of San Rafael, County of Marin, State of California, residing therein, personally appeared NADER
MANSOURIAN, personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person (s) whose name (sLs�/ are subscribed to the within instrument and acknowledged to me that
,hJ�'she/they executed the same in&s�her/their authorized capacity (ies), and that by�her/their
signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature��
ESTHER C. BEIRNE, City Clerk
File:16.06.70
Bond Executed in Duplicate Bond No. 08936097
PAYMENT BOND
PUBLIC WORK
Section 3247-3252 inclusive, Civil code)
(Premium included in Faithful Performance Bond)
KNOW ALL MEN BY THESE PRESENT:
That, Whereas
has awarded to
of San Rafael
Ghilotti Bros., Inc.
as Principal, a contract for the work described as follows: Deep Lift Asphalt Repair 2008/2009
Proiect No. 11132
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
eighty nine thousand seven hundred & 00/100 ---
Dollars ($ 89,700.00 ) for which payment well and truly be made we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors,
administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code
Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed
by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment
Development Department from the wages of employees of the principals and his subcontractors pursuant to
section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or
Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable
attorney's fee to be fixed by the court.
PAY71001CA0202f
In witness Whereof, We have hereunto set our hand and seals this 16th
day of March 2009
Ghilotti Bros., Inc.
Principal
ALI
By:
Michael M. G ilot i, President Treasurer
Fidelity and Deposit Company of Maryland
By: v—
Kelly Holtemann , Attorney -In -Fact
State of California
County of Marin
on March 20, 2009
ACKNOWLEDGMENT
before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, PresidenVTreasurer
who proved to me on the basis of satisfactory evidence to be the person,(R) whose name(pf is/�Ir-e.
subscribed to the within instrument and acknowledged to me that he/siy executed the same in
his/tmAheir authorized capacityUas), and that by hisMtTk#eif signature(rs') on the instrument the
personal, or the entity upon behalf of which the personXacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. R 1, riH l Pq J, i REE ECKFIa
Comrnls�Jon 1704510
Signature (Seal) l Cam bores Nov 1, 010
State of California
County of Marin
On 3/16/09
ACKNOWLEDGMENT
before me, --!L. DeLuca,._ Notary 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(&) whose name(s4 ismf&
subscribed to the within instrument and acknowledged to me that 4ge/she/tom executed the same in
-h sYher/their authorized capacity(iee� and that by 494e/her/t*L* signature(s� on the instrument the
personM, or the entity upon behalf of which the person(.&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
0 COMM, #1815054
NOTARY PUBUCCAUFORNIA
" 'MAMN COUNTY1
Signature
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 VI, 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 hereof, 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 o n o ertakings in pursuance of these
presents, shall be as binding upon said Co y, a 1 A nd purposes, as if they had been duly
executed and acknowledged b 64 lcted pany at its office in Baltimore, Md., in their own
proper persons. Th}sB at rs-y()alf of Kelly HOLTEMANN, dated August 30, 2007.
The said Assistant
Section 2, of the By-:
E6St"at 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:
tp OEPps,
r f
Is
0 c
1E9Q ?
State of Maryland ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
n
Gregory E. Mu-raqr Assistant Secretary
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.
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
POA -F 016-0949G
"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."
1, 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
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 / Certificate may 4• signed 4.'.. facsimile under1 r..... authority of f {wing resolution of
Board of Directors of ! 4f"4` `. . r R _ 1. f 7A1 1
the I Oth day of {0
hereuntoRESOLVED: "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 subscribed my name { affixed the corporateof f Company,
this 16th dayof _Marc13:.
Assistant secretary