HomeMy WebLinkAboutCC Resolution 11309 (Sidewalk Replacement 2003-04)RESOLUTION NO. 11309
RESOLUTION AWARDING CONTRACT TO GHILOTTI BROS., INC., IN
AN AMOUNT NOT TO EXCEED $100,000.00 FOR "CITY OF SAN RAFAEL
SIDEWALK REPLACEMENT CONTRACT 2003-2004"
WHEREAS, on the 8 1 day of May, 2003, 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:
"CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2003-2004"
PROJECT NO. 10723
in accordance with the plans and specifications therefor on file in the office of said City Clerk;
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
therefor; and
WHEREAS, the contract for this year's work should be approximately
$100,000.00. However, no guarantee can be given for the final contract amount, which may be
increased or decreased depending on funding;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
bid of Ghilotti Bros., Inc., and the same is hereby accepted at said unit prices and that 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.
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City
Clerk of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. for
said work and to return the bidder's bond upon the execution of said contract.
BE IT FURTHER RESOLVED that the Director of Public Works is hereby
authorized to take any and all such actions and make changes as may be necessary to accomplish
the purpose of this resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on Monday, the 19h day of May, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Phillips (due to Conflict of Interest)
�s e . 4
J:�AJEANNE M. LEONCINI, City Clerk
File No. 16.01.221
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST:
J&dnne M. Leoncini
City Clerk
API
Ga
Cit,
CITY SAN RAFAEL:
1 or
Mayor
CONTRACTOR:
AGREEMENT • 3
CONTRACTOR'S BOND
FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS
That we GHILOTTI BROS., INC.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
BOND NO. 103945685
PREMIUM: $640.00
"BOND ISSUED IN DUPLICATE"
as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under
the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole
surety on bonds and undertakings, as Surety, are held and firmly bound unto,
CITY OF SAN RAFAEL
111 MORPHEW STREET
SAN RAFAEL, CA. 94915-1560
as Obligee,
in the full and just sum of ONE HUNDRED THOUSAND AND NO/100THS----
Dollars, ($100,000.00), lawful money of the United States of America, to be paid to the said Obligee, successors or
assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors,
administrators and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated day of 29TH , MAY, 2003
THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract
or is about to enter into a contract with the said Obligee for
CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2003-2004
PROJECT NO. 10723
as is more specifically set forth in said contract, to which contract reference is hereby made.
NOW, T HEREFORE, i f t he s aid P rincipal s hall w ell a nd t ruly d o t he s aid w ork, a nd If ulfill a ach a nd every of the
covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the
above obligation to be void, otherwise to remain in full force and virtue.
GHILOTTI BROS., INC
BY:
�� ..
MIC AEL M. HIILOTTI, PRESIDENT/TREASURER
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
dt-6�
BY H ,
ELLY HOLTEMANN, ATTORNEY-IN-FACT
S-2359-1 (07-97)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On 07)6t 2011
[)ate
personally appeared Michael
ss.
before me, Patricia Wilson, Notary Public
Name and Title of Officer (e.g., -Jane Doe, Notary Public")
M. Ghilotti ---------------------
Name(s) of Slgner(s)
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
PATRIC1A WILSON
Commissi36
on # 13659
Notary public - Callromia Z
Marin County
^-s w+win]. t: t PMO Jul 16, 20M
to be the personW whose name(g) isi`6
subscribed to the within instrument and
acknowledged to me that he*MKey executed
the same in his/fk authorized
capacity(pQ§�, and that by hisAXiitkk
signaturek) on the instrument the personf§), or
the entity upon behalf of which the person(*)
acted, executed the instrument.
WITNESS my hand and official seal.
ala
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:` e.,-6✓rY -
Document Date: Tat ?A. ZZ 03 Number of Pages: OU
Signer(s) Other Than Named Above: NIS
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
-0 Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Michael M. Ghilotti
President/Treasurer
Ghilotti Bros., Inc.
Top of thumb here
01999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876.6827
PAYMENT BOND - PUBLIC WORK
SECTIONS 3247 - 3252, CIVIL CODE
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
TRAVELERS CASUAL AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
Bond No 103945685
PREMIUM; INCLUDED
"BOND ISSUED IN DUPLICATE"
THAT WHEREAS, The State of California, acting by and through the, CITY OF SAN RAFAEL
Has awarded, GHILOTTI BROS., INC.
as Contractor, a contract for the work described as follows:
CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2003-2004
PROJECT NO. 10723
AND WHEREAS, Said Contractor is required 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 Contractor and Surety are held and firmly bound unto the State of California in
the amount required by law, the sum of
ONE HUNDRED THOUSAND AND NO/100THS-----------------
($100,000.00) Dollars, for which payment well and truly to 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 Contractors shall fail to pay (1) Any of the persons named in Civil Code Section 3181, (2) amounts due under
the Unemployment Insurance Code for work or labor performed in connection with said contract by any such claimant, or
(3) any amounts required to be deducted, withheld and paid over to the Employment Development Department from wages
of the employees of Contractor and his sub -contractors with respect to such work and labor, pursuant to Section 13020 of
the Unemployment Insurance Code, then the Surety or Sureties herein will pay for the same in an aggregate amount not
exceeding the sum specified in this bond, and also in case suit is brought upon the bond, a reasonable attorney's fee, to be
fixed by the court, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to
such persons or their assigns in any suit brought upon this bond.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as
designated in Civil Code, Sections 3247 - 3252 inclusive, and all amendments thereto.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 29TH day of MAY, 2003.
GHILOTTI BROS., INC..
BY: ?At w
MICHAEL . G(IILOTTI, PRESIDENT/TREASURER
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
By (_Ya4 A, H rte'
KEL04HO-TEMANN , ATTORNEY-IN-FACT
S -2061-B (07-97)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM C)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of San Rafael, its electives & appointive boards,
commissions, officers, agents & employees
AS PER WRITTEN CONTRACT
JOB: City of San Rafael Sitewalk Replacement 2033/2004 Proj. #10723, GBI #03416
If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
It is further agreed that such insurance as is afforded by this policy for the benefit of the
Additional Insured shown shall be primary insurance, and any other insurance maintained by
the Additional Insured shall be excess and non-contributory, but only as respects any claim, loss
or liability arising out of the operations of the Named Insured, and only if such claim, loss or
liability is determined to be solely the negligence or responsibility of the Named Insured. This
coverage is limited to "your work" completed within the policy period.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of
the actual policy.
ICO2260501