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PW West End Village Re-bidCity of San Rafael ♦ California Form of Contract Agreement for Fourth Street West Rehabilitation/ West End Village Project Project No: 11056 This Agreement is made and entered into this 7th day of April 2008 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Co. (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: Fourth Street West Rehabilitation / West End Village Project:, 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 240 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 $2,500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 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. ITEM DESCRIPTION MOBILIZATION 2 DUST CONTROL QTY. UNITS UNIT PRICE TOTAL $160,000.0 1 LS 0 $160,000.00 1 LS $1,500.00 $1,500.00 AGREEMENT • 1 3 CONSTRUCTION STAKING 1 LS $20,000.00 4 CLEARING AND GRUBBING 1 LS $10,000.00 TRAFFIC CONTROL 5 CONSTRUCTION AREA SIGNS 1 LS $42,250.00 PROGRESS SCHEDULE (CRITICAL 6 PATH METHOD) 1 LS $500.00 PEDESTRIAN CONTROL AND 7 ACCESSIBILITY 1 L $40,000.00 ADA PEDESTRIAN ACCESS 8 ALLOWANCE 1 LS $40,000.00 SHEETING, SHORING, AND 9 BRACING OF EXCAVATION 1 LS $3,000.00 SWPPP PREPARATION (NOT TO 10 EXCEED $10,000) 1 L $10,000.00 11 SWPPP IMPLEMENTATION 1 L $4,100.00 PARTNERING WORKSHOP (NOT 12 TO EXCEED $15,000) 1 LS 13 POTHOLE EXISTING UTILITY 1 L $3,400.00 TOTAL MISCELLANEOUS SIDEWALK REHABILITATION REMOVE EXISTING CURB & 14 GUTTER 5,600 LF $11.00 REMOVE EXISTING SIDEWALK, 15 DRIVEWAY AND CURB RAMP 58,600 SF $3.00 REMOVE EXISTING CONCRETE 16 BENCH 9 EA $280.00 17 REMOVE BRICK PAVING 896 SF $2.40 REMOVE STONE PAVERS 18 STATION 27+50 245 SF $2.40 REMOVE AND REPLACE EXPOSED AGGREGATE PCC PAVEMENT AT 19 205 SHAVER STREET 123 SF $8.60 REMOVE AND SALVAGE EXISTING 20 TRASH RECEPTACLES 19 EA $130.00 REMOVE ABANDONED WATER 21 METER 5 EA $225.00 22 REMOVE IRRIGATION SYSTEM 1 SL $3,000.00 23 REMOVE EXISTING BOLLARDS 2 EA $130.00 24 REMOVE ABANDONED PULL BOX 1 EA $130.00 25 REMOVE EXISTING BIKE RACK 2 EA $65.00 REMOVE EXISTING PARKING 26 METER POSTS 72 EA $65.00 $20,000.00 $10,000.00 $42,250.00 $500.00 $40,000.00 $40,000.00 ................................... $3,000.00 $10,000.00 $4,100.00 $0.00 $3,400.00 $334,750.00 $61,600.00 $175,800.00 $2,520.00 $2,150.40 $588.00 $1,057.80 $2,470.00 $1,125.00 $3,000.00 $260.00 $130.00 $130.00 $4,680.00 AGREEMENT • 3 REMOVE AND REPLACE CURB AND GUTTER AT G AND SHAVER 37 STREET 58 LF $51.00 $2,958.00 REMOVE AND REPLACE PCC 28 SIDEWALK 114 SF $8.50 $969.00 REMOVE, SALVAGE AND RESET EXISTING CONCRETE BUS STOP 29 BENCH 2 EA $2,500.00 $5,000.00 39 RESET NEWSPAPER RACK 4 EA $240.00 $960.00 RESET PEDESTRIAN PUSH 31 BUTTON 1 EA $600.00 $600.00 INSTALL NEW PARKING METER 32 POST 40 EA $210.00 $8,400.00 RELOCATE/RESET EXISTING SIGN 33 ................................................ WITH NEW POST 32 EA $250.00 $8,000.00 RELOCATE ELECTRICAL PULL 34 BOX & REPLACE COVER 2 EA $2,000.00 $4,000.00 35 RELOCATE WATER METER 2 EA $1,600.00 $3,200.00 36 REPLACE WOOD PLANTER 80 LF $26.00 $2,080.00 ADJUST UNKNOWN UTILITY TO 37 GRADE 5 EA $360.00 $1,800.00 REMOVE EXISTING CURB AT 38 PUBLIC PARKING LOT 4 LF $10.80 $43.20 CONCRETE FILL BASEMENT 39 NICHE 4 CY $465.00 $1,860.00 CONSTRUCT PCC COMMERCIAL 40 DRIVEWAY 10,210 SF $10.75 $109,757.50 CONSTRUCT PCC RESIDENTIAL 41 DRIVEWAY 160 SF $12.70 $2,032.00 CONSTRUCT PCC CURB & 42 GUTTER 5,096 LF $32.00 $163,072.00 CONSTRUCT PCC CURB & 43 GUTTER AT BUS STOP 236 LF $39.50 $9,322.00 44 CONSTRUCT PCC CURB 50 LF $42.80 $2,140.00 45 CONSTRUCT PCC SIDEWALK 39,970 SF $5.90 $235,823.00 REPLACE PLANTER WITH NEW 46 PCC SIDEWALK ON G STREET 175 SF $9.25 $1,618.75 CONSTRUCT PCC VALLEY GUTTER AT EL CAMINO REAL 47 AVENUE 370 SF $17.95 $6,641.50 CONSTRUCT PCC RAMP AT 43 STATION 29+80 160 SF $14.45 $2,312.00 49 CONSTRUCT CASE A CURB RAMP 780 SF $26.00 $20,280.00 CONSTRUCT MODIFIED CASE B 59 CURB RAMP 510 SF $18.50 $9,435.00 31 CONSTRUCT CASE C CURB RAMP 740 SF $15.75 $11,655.00 AGREEMENT • 3 CONSTRUCT MODIFIED CASE C 52 CURB RAMP @QQ SF $15.30 $13/484.00 CONSTRUCT CUSTOM CURB 53 RAMP ATSTATION 20+35 910 SF $8.35 $7.598.50 CONSTRUCT AREA DRAIN AT 54 STATION 28+02 1EA - -- $3Q0DO '- - $300.00 REMOVE AND REPLACE DRAINAGE INLET ATSTATION 55 35+54 2 EA $2.200.00 $4.400.00 � 56 INSTALL SIDEWALK UNOERORA|N 300 LF $50.00 $15.000.00 INSTALL SIDEWALK JUNCTION 57 BOX FOR DOWNSPOUT 27 EA $40.00 $1.080.00 REMOVE AND REPLACE CURB 58 OUTLET 11 LF $40.00 $440.00 INSTALL HAND RAIL ATSTATION | 59 29+80 19 LF � $200.00 $3.800.00 ADJUST TELEPHONE VAULT TO GD GRADE 'SIDEWALK 8 EA $1.150.00 $0.200.00 ADJUST TELEPHONE MANHOLE 81 TOGRADE -SIDEWALK 13 EA $300.00 $3.900.00 ADJUST SANITARY SEWER 62 MANHOLE TQGRADE -SIDEWALK 2 EA $300.00 $600.00 ADJUST STORM DRAIN MANHOLE 63 T[)GRADE 'SIDEWALK' 2 EA $300.00 $800.00 ADJUST FIRE HYDRANT TO | 64 GRADE 'SIDEWALK 7 EA $500.00 $3.500.00 MODIFY SIDEWALK ATTRAFFIC 65 SIGNAL POST @ EA $60.00 $480.00 ADJUST DRAINAGE INLET TO 68 GRADE 11 EA $1.400.00 $15.400.00 REPLACE TRAFFIC SIGNAL PULL BOX COVER & ADJUST TOGRADE 87 'S|DEVVALK 11 EA | $200.00 $2.200.00 REPLACE ELECTRIC METER / COVER & ADJUST TOGRADE ' 68 SIDEWALK 26 EA $200.00 $5.200.00 REPLACE ELECTRIC PULL BOX COVER & ADJUST TOGRADE ' OQ SIDEWALK 44 EA $200D0 $8.800.00 REPLACE WATER METER COVER 70 &AOJUSTTOGRAOE-S|DEVVALK 71 EA $200.00 $14.200.00 REPLACE WATER VALVE COVER 71 & ADJUST TOGRADE -SIDEWALK 7 E/\ $200.00 $1.400.00 REPLACE CABLE TVPULL BOX COVER & ADJUST TO GRADE 72 SIDEWALK 6 E/\ $425.00 $2.550D0 | REPLACE CLEANOUT COVER & 73 ADJUST T{}GRADE 'SIDEWALK 40 EA $200.00 $8.000.00 REPLACE GAS VALVE COVER & 74 ADJUSTTDGRAOE-S|OEVVALK 6 EA $200.00 $1.200.00 REPLACE GAS METER COVER & 75 ADJUSTTOGRAOE-S|DEVVALK 19 EA $200.00 $3.800�00 AGREEMENT 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 m 95 96 9"i PAINT STREETLIGHT POLES AND HAND RAILING TOTAL SIDEWALK REHABILITATION ROADWAY REHABILITATION ITEMS MILL EXISTING PAVEMENT - 4 1/2" DEEP BELOW F.G. ROADWAY EXCAVATION (STREET) REMOVE UNDERLYING PCC PAVEMENT ASPHALT CONCRETE PAVING ASPHALT CONCRETE LEVELING COURSE PAVEMENT FABRIC ADJUST SANITARY SEWER MANHOLE TO GRADE - STREET ADJUST STORM DRAIN MANHOLE TO GRADE -STREET ADJUST WATER VALVE TO GRADE -STREET ADJUST CABLE TELEVISION VAULT TO GRADE - STREET INSTALL FIRE HYDRANT BLUE MARKER INSTALL BLUE CURB PAINT INSTALL RED CURB PAINT INSTALL 12" WHITE STRIPE (THERMOPLASTIC) INSTALL 24" WHITE STRIPE (THERMOPLASTIC) INSTALL WHITE PAVEMENT MARKING (PAINT) BIKE SHARE - THE -ROAD ARROW INSTALL WHITE PAVEMENT MARKING (THERMOPLASTIC) INSTALL PAVEMENT MARKING DISABLED PARKING (THERMOPLASTIC) INSTALL PARKING SPACE MARKING PER FIGURE 313-18 IN MUTCD 2003 CALIFORNIA SUPPLEMENT (THERMOPLASTIC) INSTALL NEW D11-1 BIKE ROUTE SIGN (24"X18") ON NEW POST INSTALL DETAIL 22 -NO PASSING ;SONE (THERMOPLASTIC) 1 11,500 700 160 4,000 650 11,500 13 6 35 1 9 20 1,200 1,865 600 LS $38,000.00 $38,000.00 SY $4.60 CY $55.00 CY $65.00 TON $91.00 TON $93.00 SY $1.75 EA $800.00 EA $800.00 EA $525.00 EA $525.00 EA $15.00 LF $1.20 LF $1.20 LF $2.00 LF $4.00 150 SF $3.00 500 SF $4.50 1 EA $500.00 300 LF $3.25 13 EA $260.00 2,200 LF $2.00 $1,034,582.65 $52,900.00 $38,500.00 $10,400.00 $364,000.00 $60,450.00 $20,125.00 $10,400.00 $4,800.00 $18,375.00 $525.00 $135.00 $24.00 $1,440.00 $3,730.00 $2,400.00 $450.00 $2,250.00 $500.00 $975.00 $3,380.00 $4,400.00 AGREEMENT • 5 AGREEMENT • 6 INSTALL DETAIL 37 - LANE DROP 98 (THERMOPLASTIC) 40 LF $2.00 $80.00 INSTALL DETAIL 38A - CHANNELIZING LINE 99 (THERMOPLASTIC) 275 LF $2.00 $550.00 TOTAL ROADWAY REHABILITATION $600,789.00 STORM DRAIN REHABILITATION REMOVE AND REPLACE 3-8" STORM DRAIN PIPE WITH CONCRETE ENCASED 3-8" PVC 100 PIPE 47 LF $195.00 $9,165.00 REMOVE AND REPLACE 18" STORM DRAIN PIPE WITH 18" RCP 101 SD PIPE 67 LF $122.00 $8,174.00 REMOVE AND REPLACE 24" STORM DRAIN PIPE WITH 15" RCP 102 SD PIPE 15 LF $253.00 $3,795.00 REMOVE AND REPLACE 24" STORM DRAIN PIPE WITH 24" RCP 103 SD PIPE 28 LF $300.00 $8,400.00 REMOVE AND REPLACE DI AT 104 1539 4TH STREET 1 EA $2,500.00 $2,500.00 REMOVE AND REPLACE AREA DRAIN (205 SHAVER & BEHIND 105 CAINES TIRES) 2 EA $1,450.00 $2,900.00 REMOVE AND REPLACE DI WITH 106 SDMH 1 EA $2,700.00 $2,700.00 107 INSTALL SDMH 7 EA $4,300.00 $30,100.00 108 INSTALL 12" PVC SD PIPE 165 LF $150.00 $24,750.00 109 INSTALL 24" RCP SD PIPE 575 LF $225.00 $129,375.00 TOTAL STORM DRAIN REHAB. $221,859.00 LANDSCAPE ITEMS TREE REMOVAL (INCLUDING 110 ROOTS) 107 EA $425.00 $45,475.00 INSTALL BRICK PAVING AND 111 ACCENT BANDS 360 SF $39.00 $14,040.00 INSTALL CONCRETE UNIT 112 PAVERS 12 SF$39.00 $468.00 CONCRETE SEAT WALLS - 113 PRECAST SQUARE END WALL 15 EA $2,700.00 $40,500.00 CONCRETE SEAT WALLS - 114 PRECAST SEAT WALL, 12' LONG 10 EA $3,600.00 $36,000.00 CONCRETE SEAT WALLS - 115PRECAST _.... _... SEAT WALL, 6'-8' LONG 5 EA $2,800.00 $14,000.00 ................. CONCRETE SEAT WALLS - 116 ACCENT GRILL AT SEAT WALL 15 EA $151.00 $2,265.00 AGREEMENT • 6 CONCRETE SEAT WALLS - RESET EXISTING CONCRETE WALLS AT E 117 STREET 2 EA $2,400.00 $4,800.00 SITE FURNISHINGS - TRASH RECEPTACLE 'A' (W/OUT DOME 118 LID) 23 EA $1,200.00 $27,600.00 SITE FURNISHINGS - TRASH RECEPTACLE 'B' (W/OUT DOME 119 LID) 4 EA $1,200.00 $4,800.00 SITE FURNISHINGS - BIKE RACK, 120 FREE STANDING SINGLE 36 EA $725.00 $26,100.00 SITE FURNISHINGS - CAST IRON 121 TREE GRATE AND FRAME TYPE'A' 81 EA $1,550.00 $125,550.00 SITE FURNISHINGS - CAST IRON 122 TREE GRATE AND FRAME TYPE'B' 13 EA $1,900.00 $24,700.00 123 PLANTING - TREES (24" BOX) 121 EA $204.00 $24,684.00 124 PLANTING - SHRUBS (5 GAL) 28 EA $15.25 $427.00 125 PLANTING - SHRUBS (1 GAL) 160 EA $7.70 $1,232.00 126 PLANTING -ANNUALS (4" POTS) 110 SF $3.15 $346.50 PLANTING - 6' METAL TREE 127 STAKES AT TREE GRATES 93 EA $34.50 $3,208.50 PLANTING - 9' METAL STAKES AT 128 OPEN PLANTING AREAS 28 EA $55.00 $1,540.00 129 PLANTING - 18" ROOT BARRIER 1,860 LF $4.60 $8,556.00 PLANTING - BARK MULCH (2" 130 LAYER) 4,225 SF $0.45 $11901.25 131 PLANTING - SOIL PREPARATION 4,175 SF $0.53 $2,212.75 $145,300.0 132 IRRIGATION 1 LS 0 $145,300.00 TOTAL LANDSCAPE ITEMS $555,706.00 LIGHTING AND ELECTRICAL ITEMS 133 12" X 33" JOINT TRENCH 5,500 LF $18.00 $99,000.00 134 12" X 39: JOINT TRENCH 2,100 LF $20.00 $42,000.00 135 1 1/2 INCH DIAMETER CONDUIT 10,700 LF $1.50 $16,050.00 136 2 INCH DIAMETER CONDUIT 4,000 LF $2.00 $8,000.00 137 2 1/2 INCH DIAMETER CONDUIT 100 LF $2.50 $250.00 138 3 INCH DIAMETER CONDUIT 3,300 LF $3.00 $9,900.00 NO. 5 CALTRANS PULL BOX 139 (ELECTRIC) 115 EA $250.00$28,750.00 .. ........ ........................ NO. 5 CALTRANS PULL BOX 140 (TRAFFIC SIGNAL) 15 EA $250.00 $3,750.00 AGREEMENT • 7 GRAND TOTAL $3,278,234.65 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. AGREEMENT • 8 NO. 5 CALTRANS PULL BOX 141 (STREET LIGHT) 40 EA $250.00 $10,000.00 NO. 6 CALTRANS PULL BOX 142 (ELECTRIC) 20 EA $300.00 $6,000.00 NO. 23 CALTRANS PULL BOX 143 (ELECTRIC) 8 EA $500.00 $4,000.00 144 EVENT RECEPTACLES 20 EA $1,500.00 $30,000.00 145 ELECTRIC SERVICE ENCLOSURE 3 EA $11,000.00 $33,000.00 RELOCATE OR REMOVE/REPLACE 146 STREET LIGHTS 35 EA $2,600.00 $91,000.00 147 BAND RECEPTACLES 2 EA $1,900.00 $3,800.00 148 TREE UP -LIGHTING 28 EA $2,600.00 $72,800.00 149 TREE ACCENT LIGHTING 107 EA $575.00 $61,525.00 TOTAL LIGHTING AND ELECTRICAL $519,825.00 PIER 6 MID -BLOCK BULB -OUT 150 CONSTRUCT PCC SIDEWALK 200 SF $5.00 $1,000.00 CONSTRUCT PCC CURB AND 151 GUTTER 50 LF $41.00 $2,050.00 CONSTRUCT TRENCH DRAIN AND 152 GRATE 44 LF $112.00 $4,928.00 TOTAL PIER 6 MID -BLOCK BULB -OUT $7,978.00 MAYFLOWER MID -BLOCK BULB - OUT 153 CONSTRUCT PCC SIDEWALK 180 SF $5.00 $900.00 CONSTRUCT PCC CURB AND 154 GUTTER 45 LF $41.00 $1,845.00 TOTAL MAYFLOWER MID -BLOCK BULB -OUT $2,745.00 GRAND TOTAL $3,278,234.65 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. AGREEMENT • 8 (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. 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 or City Clerk Mayor Stacy L Magill APP CONTRACTOR:.,.. w. r bert F. Ep tei & r City Attorn for , ;otti P1 `i ii@I�� AGREEMENT • 9 rl�l SAFECO' CONTRACT BOND - CALIFORNIA EXECUTED IN TRTPLICA FAITHFUL PERFORMANCE - PUBLIC WORK MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 B o In d #6543848 Initial premium charged for this bond is $19,602.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That GHILOTTI CONSTRUCTION COMPANY, INC. of _246 CEILO TI AVENUE SANTA ROSA CA 95407 as Principal, and the SAFECO INSURANCE COMPANY, OF AMERICA , a corporation organized and existing under the laws of the State of Washl gton and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto _ CITY „OF„SAN RAFAEL P. 0. BOX 151560 SAN RAFAEL. CA 94915-1560 . _-, ... ..... ., in the sum of THREE MILLION TWO HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED THIRTY FOUR & 65/100._0YdLit kik k :.:.:.:.:.:.. ; ..::.:c.::..:.:.::.:..::.:.:. , _.._.,_. ........ �.. .......... ...-._..m....-.......... .. m- Dollars ($ $3.278,234.65 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, finely by these presents. THE C )NDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated APRIL 7 2008 , with the CITY OF SAN RAFAEL to do and perform the following work, to -wit: FOURTH STREET WEST REHABILITATION / WEST END VILLAGE PROJECT - REBID, PROJECT NO. 11056 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this r' 7th day of APRIL , 2008 BY: MY, INC. ichard till, hi�ratil Pre,qirlpnt SAFECO INSURANCE COMPANY OF AMERICA By JAM -i. PILGARD, Attorney -in -Fact S-0815/SAEF 10/99 O Registered trademark o(SAFD':() Carlc:orahon. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO} On APs'', 2008 , before me, Susan Fournier, a notary public, personally appeared, Jana B. Pilgard, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. _ M SUSAN FOURNIER .J r COMM. #1515518 NOTARY PUBLIC • CAUFORNIA - SACRAMENTO COUNTY Comm. Exp. SEPT. 25, 2006 MILLENNIUM CORPORATE PARK S. A F E C Om BLDG. C t 18400 NE UNION HILL ROAD REDMOND, SNA 98052 ".A".%,u i m IN TRIPLICATE Bond .16543848 CONTRACT BOND - CALIFORNIA PREMIUM INCLUDED PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, GHIIffM CONSTRUCTION COMPANY, INC. ............... and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL P.,0.BOX 151560 _. ...... ... ....... ..... ............. SAN RAFAELa CA 94915-1560 , as Obligee, in the sum of THREE MILLION TWO HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED THIRTY FOUR & 65/100 ONLY *mak* ■x ; �xxxxcx **x** x� xxx�� x �x : x* * x x * Dollars ($ $3,278,234.65 )> for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 7th day of APRIL 2008 , with the Obligee to do and perforin the following work, to -wit: FOURTH STREET WEST REHABILITATION / WEST END VILLAGE PROJECT - REBID, PROJECT NO. 11056 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 7th day of APRIL 2008 I No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. .57 INC. ' aw),I� '� al ° SAFECO INSURANCE COMPANY OF AMERICA By J B. PI Attorney -in -Fact S-0810/ SAEF 10/99 8 Registered trademark of SAF=E,CO Corporation. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO) On "M 7, 2008 , before me, Susan Fournier, a notary public, personally appeared, Jana B. Pilgard, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. SUSAN FOURNIER COMM. #1515518 NOTARY PUBUC • CAUFORMk SACRAMENTO COUNTY Comm. Exp. SEPT. 25, 2008 S O POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA 1 OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 5490 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********ROBERT D. LA(:X; DONA LISA BUSCIIMANN; J. BUSCIIMANN; SUSAN FOURNIER; JANA B. PILGARD; KATHY RANGEL; Sacramento, California********* its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of April R.A. PIERSON, SECRETARY MIKE M GAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2002 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2B, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation nS a sr�l 1953 °� "ZOf WAS0 this CORPORATE ' SEAL X 1923 7th day of APRIL R.A. PIERSON, SECRETARY 2008 N S-0074(SAEF 2101 O A registered trademark of SAFECO Corporation 04/24/2002 PDF Company Profile Company Profile Page 1 of 2 SAFECO INSURANCE COMPANY OF AMERICA SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process JERE KEPRIOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable, to, Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 24740 0163 1442-3 October 07, 1953 UNLIMITED -NORMAL Property & Casualty WASHINGTON Twines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE http://interactive.web. insurance. ca. izov/webuser/idb co prof utl.eet co nrof?n EID-3361 4122/2008 Company Profile MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company -Representative in My Area Financial Rating Organizations Last Revised - March 12, 2008 07:19 PM Copyright;0 California Department of Insurance Page 2 of 2 httn:Hinteractive.web. insurance. ca. gov/webuserdidb co prof utl.eet co nroVn ETD= -3361 4/22/2008 Best's Rating Center - Compail— Tnformation for Safeco Insurance Comp-iny of America Page 1 of 1 n Best,� �t► lii`nii(;" Rating Center r ) View Ratings: Financial Strength Issuer Credit Securities Advanced, Sear„clln Rating Methodology Industry Research Ratings Definitions k ' Search Best's Ratings Press Releases Related Products ►j Industry & Regional Country Risk Structured Finance How to Get Rated Contact an Analyst Safeco Insurance Company of America (a member of Safeco Insurance Comoanies) A.M.aest#:02448 NAIC #:24740 FEIN #: 910742148 Stock Ticker New York Stock Exchange NYSE SAF Address: Safeco Plaza Seattle, WA 98185 Best's Ratings Phone: 206-545-5000 Fax: 206-545-5500 Web: www safeco com Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Positive Action: Affirmed Effective Date: May 30, 2007 Denotes Under Reblew Best's RatinOs Other Web Centers: Select One LTJ Print this page This rating is assigned to Financial Strength Rating companies that have, in our opinion, an excellent ability to ° «BEST meet their ongoing obligations p Exciilent to policyholders. Issuer Credit Ratings View Definitions Long -Term: a+ Outlook: Positive Action: Affirmed Date: May 30, 2007 Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Financial Strength Rating and rationale along wiith comprehensive analytical commentary, detailed I� business overview and key financiall data. Report Revision Date: 0611812007 (represents the latest significant change). Historical Reports are available In AMB C,rediiff Report - Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation P11 style reports feature balance sheet, income statement, key finand al performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement Fiile - P/C, US. Contains data compiled as of 4/21/2008 (Quality Cross Checked). • Single Company - five years of financial data specifically on this company. • Comparison - side-by-side finanaal analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. AMBCred,it,R,epprt - Business Professional - provides three years of key financial data presented with X11 cdorful charts and tables. Each report also features the latest Best's Ratings, Ra ting Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 4/21/2008 (Duality Cross Checked). Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty Center - Premium Data & Reil,, orts Best's Key Rating Gude 7 P/C, US & Canada Best's Statement File P/C„ US Bests Statement File - Global Best's Insurance „Reports P/C, US & Canada Best's State Lne - P/C,, US Best's, Insurance Expense Exhibit iIEE;i - P/C„ US Best's Re,,,i,ulatoii y Center Market Share Reports Best's Schedule P (Loss.,R„eserves) P/C. US Customer „Service I Product Support I Member Center I Contact Info � Careers About A M Best I Site Map � Private Policy I Security I Terms of Use I Legal & Licensing Copyright u; 2008 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A httn://www3.amhest.com/ratirlgs/Fr111Prcfile, ncn9R1—nkAMRN1im=7449RrA1t.4rcr ..1RrAlt A/??rr'JIl ACORD. ' CERTIFICATE JF LIABILITY INSURAN� � I D 04/15/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff -Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 Bush St., 7th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. National Union Fire Insurance Company of Pittsburgh, PA 19445 Ghilotti Construction Company, Inc. I INSURER e: Old Republic General Insurance Corporation 24139 246 Ghilotti Avenue I INSURER C: Santa Rosa, CA 95407 I INSURER D: I I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'U LTR iNSRD TYPE OF INSURANCE POLICY EFFECTIVE 'POLICY EXPIRATION POLICY NUMBER !)ATE (MM/DD/YYl DATE (MMIDDIYYI LIMITS GENERAL LIABILITY X AICG37540804 03/31/2008 03/31/2009 EACH OCCURRENCE $ 2.000,000 X COMMERCIAL GENERAL LIABILITY B RENTED I PREMISES DAMAGE O(Ea occu ental $ 100.000 CLAIMS MADE EKOCCUR I MED EXP (Any one person) $ 5,000 I PERSONAL & ADV INJURY $ 2,000,000 _ I GENERAL AGGREGATE $ 4,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY I XI F-1 LOC ..IIFrO,T AU OMOBILELIABILITY B AICA37540804 03/31/2008 03/31/2009 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) — PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY BE2858780 03/31/2008 03/31/2009 EACH OCCURRENCE $ 3.000,000 A 7 OCCUR F__] CLAIMS MADE I AGGREGATE $ 3.000.000 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descdbe under SPECIAL PROVISIONS below OTHER $ WC STATUc I OTH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS GCC job #5223, Fourth Street West rehabilitation/West End Village Project -Rebid -Project #11056. It is herby understood & agreed that the City of San Rafael, its officers, agents, & employees, are additional insured hereunder but only as respects liability arising out of the land &/or property and/or work described in the Public Works contract for the project entitles, Fourth Street West Rehabilitation/West End Village Project No.. 11056 between the City of San Rafael & Ghilotti Construction Co. for the work & the improvements described therein. Additional insured form CG 20 10 07 04, CG 20 37 07 04 attached. Separation of the insured applies per form CG 00 01 12 04 attached. CERTIFICATE HOLDER City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 I LOAN #: ACORD 25 (2001/08) ID #: CANCELLATION 10 Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Q N][MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) NAMED INSURED: Ghilotti Construction Company, Inc. POLICY NUMBER: AICG37540804 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of San Rafael GCC job #5223, Fourth Street West rehabilitation/West End Department of Public Works Village Project -Rebid -Project #11056. It is herby understood PO Box 151560 & agreed that the City of San Rafael, its officers, agents, & San Rafael, CA 94515-1560 employees, are additional insured hereunder but only as respects liability arising out of the land &/or property and/or work described in the Public Works contract for the project entitles, Fourth Street West Rehabilitation/West End Village Project No.. 11056 between the City of San Rafael & Ghilotti Construction Co. for the work & the improvements described therein. Additional insured form CG 20 10 07 04, CG 20 37 07 04 attached. Senaration of the insured annlies ner form CCT 00 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 NAMED INSURED: Ghilotti Construction Company, Inc. POLICY NUMBER: AICG37540804 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Orcianization(s): City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 SCHEDULE Location And Description Of Completed Operations GCC job #5223, Fourth Street West rehabilitation/West End Villag( Project -Rebid -Project #11056. It is herby understood & agreed that the City of San Rafael, its officers, agents, & employees, are additional insured hereunder but only as respects liability arising out of the land &/or property and/or work described in the Public Works contract for the project entitles, Fourth Street West Rehabilitation/West End Village Project No.. 11056 between the City of San Rafael & Ghilotti Construction Co. for the work & the improvements described therein. Additional insured form CG 20 10 07 04, CG 20 37 07 04 attached. Separation of the insured applies per form CG 00 01 12 04 attached. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM Ghilotti Construction Co. GL Representations Byaccepting this policy, you agree: a. The statements in the Declarations one accu- rate and complete; b. Those statements are based upon representa- tions you made touo�and o. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately hoeach insured against whom claim |omade or"auit'isbrought. 8. Transfer OyRights OfRecovery Against Others To Us |fthe insured has rights torecover all orpart ofany payment wehave made under this Coverage Part, those hQhha are tnanehanad to us. The insured must do nothing after loss to impair them. At our naquaat, the insured will bring 'suit' or transfer those rights touoand help usenforce them. 9. When We Do Not Renew Ifwmdecide not to renew this Coverage Part, we will nlmi| o/ deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the oxpi- na(iondata. /fnotice ismailed, proof cfmailing will basufficient proof ofnotice. SECTION V—DEFINITIONS I' means anotice that is broadcast or publishedhnthe general public or specific mar- ket *eumevv, about your goods, products orser- vices for the purpose of attracting customers or supporters. For the purposes ofthis definition: a. Ncdinoo that are published include mabuho| placed on the Internet or on similar electronic means ofcommunication; and b. Regarding web -sites, only that part ofaweb- site vices for the purposes of attracting customers or supporters is considered an advertisement a A land motor vehicle, trailer msemitrailer designed for travel on public mods, including any attached machinery oroquipment� or Policy No: JLlCG37540804 b. pulsory or financial responsibility law or other motor vehicle insurance law in the state where it islicensed cxprincipally garaged. However, ^oub"does not include "mobile equip- ment". 3. "Bodily injury" means bodily injury, sickness or disease sustained byoperson, including death re- sulting hnmanyo/theoeotanyiima. 4, "Coverage territory' means: o. The United 8batua of America (including its territories and possessions), Puerto Rico and Canada; b International waters or airspace,but only if the injury ordamage occurs /nthe course cftravel ortransportation between any places included me. above; or c All other parts ofthe world )fthe injury ordam- age or|oeooutof: (Y) Goods urproducts made or sold by you in the territory described in m. above; (2) The activities ofoperson whooehomeisin the h*nkoq/ described /n o, above, but is away for oshort time onyour business; or (3) "Personal and advertising injury" offenses that take place through the Internet or simi- lar electronic means of communication imi'|ero|eotmn|omoanoofoommunicoUon provided the innurod'a responsibility to pay dam- ages is determined in a "suit" on the merits, am'aguoisdedenninadino'suit'onthmmorito. in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes o "leased worker". "Em- ployee" does not include a"temporary wmrkur". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar govprning 7. "Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 8. "Impairedtangible property. other than "your product' or"your vwork'. that cannot be used orioless useful because: m. It incorporates "your product" or "your work" that is known or thought to be defectiva, defi- cierd.inadequate ordangerous; or b. You have failed tofulfill the terms of contract or agreement; ifsuch property can berestored touse by: a. The repair, replacement, adjustment or re- moval of "your product" or "your work", or Page 12of1G @ ISO Properties, !nc..2003 CGOOOii204 W, ACORD ' CERTIFICATE JF LIABILITY INSURAN%.,E I DATE /Y) nw 04/15/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff -Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 Bush St., 7th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL CIES BELOW. San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Old Republic General Insurance Corporation 24139 Ghilotti Construction Company, Inc. I 246 Ghilotti Avenue INSURER B: Santa Rosa, CA 95407 I INSURER C: I INSURER D: I I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR iNSRn TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE IMMIDD/YYI DATE IMMIDD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED I $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE EIOCCUR PREMISES (Ea occurencel I MED EXP (Any one person) $ PERSONAL & ADV INJURY $ I GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 7 LOC POLICY I I JJEGT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) — PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR EICLAIMS MADE I AGGREGATE $ $ DEDUCTIBLE jI I $ RETENTION $ $ WORKERS COMPENSATION AND A AICW37540704 10/01/2007 10/01/2008 X wcsTATu_ JOT EMPLOYERS' LIABILITY E.L. EACH ACCIDENTRH $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. 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 / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS GCC job #5223, Fourth Street West rehabilitation/West End Village Project -Rebid -Project #11056. CERTIFICATE HOLDER City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 I LOAN #: ACORD 25 (2001/08) ID #: CANCELLATION 10 Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EyXMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE (_;� © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Company Profile Company Profile Page 1 of 2 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 70 PINE STREET NEW YORK, NY 10270 800-551-0824 Agent for Service of Process LAURA KARPEN, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 19445 0012 0131-3 November 28, 1902 UNLIMITED -NORMAL Property & Casualty PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MISCELLANEOUS PLATE GLASS SPRINKLER httD:Hinteractive.web.insurance.ca.gov/webuser/idb co prof utl.eet co nrof7n F,ID=2691 4/22/2009 Company Profile SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company -Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find..a Company Representative in My Area Financial Rating Organizations Last Revised - March 12, 2008 07:19 PM Copyright .(" California Department of Insurance Page 2 of 2 httD:Hinteractive.web.insurance.ca.aov/webuser/idb co nrof utl.get co nrofln FTT) 2691 4/22/2009 Best's Ratirg Center - CompanNr Tnformation for National Union Fire Ins ifo Pittsburgh PA Page 1 of 1 Rating Center How to Get Rated Rating: A+ * (Superior) Confect an Analyst I Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Bil;ion or greater) Implication: Negative Action: Under Review Effective Date: February 14, 2008 * Denotes Under Review Best's Ratings Long -Term: as-* Implication: Negative Action: Affirmed Under Review Date: February 14, 2008 Reports and News Visit our NewsRoom for the latest news and press,re)eases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes tt Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed I� business overview and key financial data. Report Revision Date: 02/14/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Report -„Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation fi” style reports feature balance sheet, income statement, key financi al performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 4/21/2008 (As Received). • Single Company - five years of financial data specifically on this company. • Comparison - side-by-side financial ana;ysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peergroup composite. Report displays both the average and total composite of your selected peergroup. AMB Credit Report - Business Professional - provides three years of key financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Ra ting Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 4/2112008 (As Received). Best's, Key Ratincf Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Best"s,1,Prop fjy/Casualty Center- Premum Data & Repo,q,is Best's Key Rating G,plide P/C,, US & Canada Best"s Statement Fide - P/C„ US Best s Statement IG"te - G+',rball Best's Insurance Reports, P/C, US, & Canada Best's State Line - P/C US Best's Insurance „Expense Exhibit (IEE)_P/C, US Best's Reaulatory Center Market Share Reports Best's Schedule_P (Loss Reserves) - P/C, US Customer Service I Product Support IJ Mu i,hpr Cpnter I Contact Info 'i Careers About A.M. Best I Site Map I i i V; Security h Terms of Use I Legal & Licensing Copyright© 2008 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S A httn://www3.ambest.com/ratings/FullProfile.aSD?Bl�2351&AltSrc=1&Alt... 4/22/2008 �- t View Ratings: Financial Strenoth Issuer Credit Securities, Advanced,„Search, Other Web Centers Se act One Rating Methodology Industry Research Ratings Definitions �� National Union Fire Ins Co Pittsburgh PA �Printthspage Search Best's Ratings I (a member of Amencen Intamaumal Grouo inc) This rating Is assigned to Financial Strength Rating Press Releases A.M.Best #: 02351 NAIC M 19445 FEIN #: 250687550 companies that have, in our opinion, a superior ability to w BEST Related Products ►� Address: 70 Pine Street Phone: 212-770-7000 meet their ongoing obligations p+ supador New York, NY 10270 Web: www .aiig,corn. to policyholders. Industry & Regional Country Risk Best's Ratings Structured Finance I Financial Strength Ratings view Definitions Issuer Credit Ratings view Definitions How to Get Rated Rating: A+ * (Superior) Confect an Analyst I Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Bil;ion or greater) Implication: Negative Action: Under Review Effective Date: February 14, 2008 * Denotes Under Review Best's Ratings Long -Term: as-* Implication: Negative Action: Affirmed Under Review Date: February 14, 2008 Reports and News Visit our NewsRoom for the latest news and press,re)eases for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes tt Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed I� business overview and key financial data. Report Revision Date: 02/14/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Report -„Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation fi” style reports feature balance sheet, income statement, key financi al performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 4/21/2008 (As Received). • Single Company - five years of financial data specifically on this company. • Comparison - side-by-side financial ana;ysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peergroup composite. Report displays both the average and total composite of your selected peergroup. AMB Credit Report - Business Professional - provides three years of key financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Ra ting Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 4/2112008 (As Received). Best's, Key Ratincf Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Best"s,1,Prop fjy/Casualty Center- Premum Data & Repo,q,is Best's Key Rating G,plide P/C,, US & Canada Best"s Statement Fide - P/C„ US Best s Statement IG"te - G+',rball Best's Insurance Reports, P/C, US, & Canada Best's State Line - P/C US Best's Insurance „Expense Exhibit (IEE)_P/C, US Best's Reaulatory Center Market Share Reports Best's Schedule_P (Loss Reserves) - P/C, US Customer Service I Product Support IJ Mu i,hpr Cpnter I Contact Info 'i Careers About A.M. Best I Site Map I i i V; Security h Terms of Use I Legal & Licensing Copyright© 2008 A.M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S A httn://www3.ambest.com/ratings/FullProfile.aSD?Bl�2351&AltSrc=1&Alt... 4/22/2008 Best's Rating Center - Compam, Tnformation for Old Republic General hicurance Corp Rating Center Rating Methodology Industry Research Ratings Definitions r Search Bests Ratings Press Releases Related Products 1`1 Industry & Regional Country Risk Structured Finance How to Get Rated Contact an Analyst 777 t''1%i;; ,-j) View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Page 1 of 1 Old Republic General Insurance Corp VR Print this page (a member of Old Reouhi c C;eneral Insurance Group) This rating is assigned to Financial Strength Rating A.M.Best #: 02383 NAIC #: 24139 FEIN #: 366067575 companies that have, in our a « Address: 307 North Michigan Avenue Phone: 312-346-8100 meettheiroopinion, meet their ongoing obligations going obligations upa A+ SYPOrIor Chicago, IL 60601 Fax: 312-762-4700 to policyholders. Web: www.:oldrepublic.com Best's Ratings Financial Strength Ratings view Definitions Issuer Credit Ratings view Definitions Rating: A+ (Superior) Long -Term: aa - Financial Size Category: IX ($250 Million to $500 Million) Outlook: Stable Outlook: Stable Action: Upgraded Action: Upgraded Date: June 07, 2007 Effective Date: June 07, 2007 " Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for the latest news a,ird,p,ress, releases for this company and its A.M. Best Group. AMB Credit Report -,Insurance Professional (Unabridlr.)ed) (formerly known as Best's Company Report) - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 07/10/2007 (represents the (latest significant chainge). Historical Reports are available in AMB Credit Reii;prll - Insurance Professiip.ni;.-,,II ryUnabriidged;, Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financi al performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 4/21/2008 (Quality Cross Checked). • Sing Comps - five years of financal data specifically on this company. • Comoarison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Comoosite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. AMB Credit Report -, Business Professional - provides three years of key financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Ra ting Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 4/21/2008 (Quality Cross Checked). Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data f o as provided in Best's Key Rating Guide products. Data Status: 2006 Financial Data (Qua ity Cross Checked). Financial and Analytical Products Best's Prop„uertv/Casualty center- Premium Data & Reports Best's Kev Rating Guide - P/C, US„ & Canada Bests Statement File - P/C, US Bests Statement File - Global Bests Insurance Reports - P/C US & Canada Best's State Lime - P/C„ US Best's, Insurance Expense Exhibit(IEE) - P/C US Bests RLciulatory Center Market Share Reports Best's Schedule P iLoss Reserves - P/C US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Pryacy Po icy 9 Securit;w? I Terms of Use I Legal & Licensing Copyright© 2008 A M. Best Company, Inc. All rights reserved A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. 11ttn•//www'1nmhPctrnm/ratinoc/FnllPrnf1lPncn9R1: nkAMRNnm=?IRAkAltRrr:.1kAIt 4/??/?nnR Company Piofile Company Profile Page 1 of 2 OLD REPUBLIC GENERAL INSURANCE CORPORATION 307 N MICHIGAN AVE 17TH FL CHICAGO, IL 60601-5382 800-331-5554 Former Names for Company Old Name: INTERNATIONAL BUSINESS & MERCANTILE Effective Date: 12-14-2006 REASSURANCE COMPANY Old Name: MOTORISTS BENEFICIAL INSURANCE COMPANY Effective Date: 04-21-1982 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24139 NAIC Group #: 0150 California Company ID #: 1800-2 Date authorized in California: June 30, 1965 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to thelg ossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE http://interactive.web. insurance. ca. eov/webuser/idb co nrof utl.aet co nrof?n EID=3715 4/22/2008 Company Profile MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Orwwanizations Last Revised - March 12, 2008 07:19 PM Copyright'"' California Department of Insurance Page 2 of 2 httwHinteractive.web. insurance. ca. aov/webuser/idb co nrof utl.eet co nrof?n FTD =3715 4/22/2009 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. DATE OF MEETING: 4-7-08 FROM: Andy Preston 146* DEPARTMENT: Public Works Department 0 I' DATE: 3-24-08 i N MAR 24 2008 TITLE OF DOCUMENT: SUBJECT: Report on bid opening and resolution awarding the contract for Fourf ,Sfrdet/West Enid Viflage Rebid, Project No. 11056, to Ghilotti Construction Co. in the amount of $3,273,234.65. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPRO ED AS COUNCIL / AGENCY AG - A TEM: City Manager (signature) l E T RM: n gnature