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HomeMy WebLinkAboutCC Resolution 9867 (Traffic Signal Installation)RESOLUTION NO. 9867 RESOLUTION OF AWARD OF CONTRACT FOR TRAFFIC SIGNAL INSTALLATION ON D STREET AT BAYVIEW STREET TO REP.URLIC ELE.CTRT.0 WHEREAS, on the 10`" day of June, 1997, 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: "TRAFFIC SIGNAL INSTALLATION ON D STREET AT BAYVIEW STREET" PROJECT NO. 006-4069-649-8000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of REPUBLIC ELECTRIC 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. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of REPUBLIC ELECTRIC 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 REPUBLIC ELECTRIC at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the City Engineer is hereby authorized to extend the time for completion of the contract as set forth herein upon showing of good cause by the Contractor. rM � r R 7 1 & .. a A t N'� A I �oo t: IQ - 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 REPUBLIC ELECTRIC for said work and to return the bidders bond upon the execution of said contract. 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 16". day of June, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JF,)(*—NrF, M. 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C C Y iy U Cp 2 GE W C > O .D U U E U V1 Q F: a C� .D Fn n o c o U u u u n u 3 u u n .E O ` ` N E n W n D o U E o o a W U W cd W a F w ce in U U !` Nm 7 In "O F OZ City of San Rafael ♦ California Contract Agreement for TRAFFIC SIGNAL INSTALLATION ON D STREET AT BAYVIEW STREET This Agreement is made and entered into this 16th day of June, 1997 by and between the City of San Rafael (hereinafter called City) and Republic Electric (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: lI - 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: Traffic Signal Installation on D Street at Bayview Street, 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 120 calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 35 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. 1111- Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 1V - 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 PROJECT SCHEDULE ITEM 1 NO. ITEM 1 Demolition 2 Roadway Repair 3 Case E Curb Ramp 4 Replace Sidewalk 5 Roadway Sign 6 Remove Roadside Sign 7 Paint Curb (2 Coat) 8 Thermoplastic Pavement Marking 9 Remove Pavement Marking 10 Remove Traffic Stripe and Pavement Marking 11 Signal and Lighting 12 Maintain Traffic 13 Construction Staking 14 Construction Area Signs 15 Mobilization V - Progress Payments UNIT UNIT QUANTITY PRICE, $ L LS 1 5,000.00 SF 1,440 6.00 EA 4 900.00 CY 4 240.00 EA 4 130.00 EA 4 50.00 LF 356 1.50 SF 484 3.00 SF 112 SF 17 LS LS LS EA LS 1 1 1 8 1 Grand Total ITEM TOTAL, $ 5,000.00 8,640.00 3,600.00 902.40 520.00 200.00 534.00 1,452.00 2.00 224.00 2.00 34.00 41,000.00 1,000.00 450.00 200.00 4,800.00 41,000.00 1,000.00 450.00 1,600.00 4,800.00 69,956.40 (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 Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he AGREEMENT • 2 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: d e M. Leoncini City Clerk City Attorney CITY OF SAN RAFAEL: fiv�2 Albert $oro Mayor CONTRACTOR: PUBLIC EL CTRIC AGREEMENT 9 3 CBIC CONTRACTORS BONDING AND INSURANCE COMPANY Fxecuted in 9unlicate PERFORMANCE BOND California Public Works California: 875 Mahler Road Suite 218 Burlingame, CA 94010 (415) 692-6180 (800) 945-CBIC National (415) 692-6182 FAX B4 1474 Premium: $ �l ,399 KNOW ALL MEN BY THESE PRESENTS, That we, penubl i c Electric , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto City of San Rafael, C4 called the Obligee, in the sum of Sixty-nine thousand, nine hundred fiftv-si„ and 40/100 Dollars (S 69,956.40 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the 16th day of June . 1997 . with the Obligee to do and perform the following work, to -wit: Traffic signal installation on D Street at Bayview Street ger file #18,01 ,51 ("Contract"): NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. C. PROVIDED, however, that this bond is for the benefit of the named Obligee only. and no other person or entity has any ri ghts against this bond: and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier; and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said Iiability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. Signed and sealed this 16th day of June Principal: Republic Electric By: .19 97 CONTRACTORS BONDING AND INSURANCE COMPANY By: Attorney -in -Fact ^9. R. Stewart B ndSFPP.02-CA022593 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On .11Ina 1 A 1 nal before me, DATE personally appeared NANCY G. SPITZER, NOTARY PUBLIC NAME, TITLE OR OFFICER-E.G. "JANE DOE, NOTARY PUBLIC' M.R. Stewart NAMES OF SIGNER(S) ® personally known to me OR ❑ 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. - ( -,!A_ oEAi - 1 : 75' 71 WIT ESS my han and official RE seal. IGNATUO T OPTIONAL Though the data 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. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Contractors Bonding and Insurance Comranv, SIGNER(S) OTHER THAN NAMED ABOVE CBIC CONTRACTORS BONDING AND INSURANCE COMPANY Executed in Duplicate PAYMENT BOND California Public Works Bond No. BA 1174 Charge for this bond is included in premium for Periormance Bond. KNOW ALL MEN BY THESE PRESENTS, That we, Republic Electric California: 875 Mahler Road Suite 218 liurlingame, CA 94010 (415)692-6180 (ROO) 94.5-CBIC National (415) 692-6182 FAX , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto Cita of San Rafael, CA called the Oblieee, in the sum of Sixty-nine thousand, nine hundred fifty-six and 40; 10n Dollars (S 69,956.40 ) (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated thel fitL day of ,lima . 199_ with the Obligee, for Traffic signal installation On D Street at Bayview Street per file #18,01.51 ( "Contract"); NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, oramounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract. orany amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then this obli-ation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this bond that claimant has -iven the 90 -day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit maybe brought on this bond unless commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code Section 3184. 4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and sealed thi16th day of June . 1997 Principal: Republic Electric CONTRACTORS BONDING AND INSURANCE COMPANY Attorney -in -Fact P1. R. Stewart BndSFN P.U2-CA022593 CBIC BONDING AND INSURANCE COMPANY Not Valid for Bonds Executed On or After: LIMITED POWER OF ATTORNEY March 31, 1998 Power of Attorney Number: 514506 A valid oriainal of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. if a photocopy, the word "VOID" should appear clearly in two places. This Power of Attorney is valid solely in connection with the execution and deliv- ery of the bond bearing the number indicated below, piuvided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL DAN BY TBESE PRESENTS, that the Company does hereby make, constitute and appoint the following: M. R. STEWART, PAUL RAMATICI and JAMES A. VICK its true and lawful Attorney(s)-in-Fact, with full power and authority harshy conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SSA guaranteed performance and payment bonds not exceeding the penal sum of $1■250,000; (2) 'bid bonds for jabs where, if the contract is awarded, the SBA guaranteed performance and/or payment boad(s) will, not exceed $1■250,000; (3) all other bonds coded or classified by the Surety Association of America Manual of Rules, Procedures and Classification for Fidelity /Forgery and surety Bonds (including future amendmenta thereto) as Judicial, Contract (excluding bid bands), Miacellanecus, License and Permit, and Federal not exceeding the penal sum of $3,500,004; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(a) will not exceed $3,500,000; (5) all other bonds not exceeding the penal sum of $500,0.00; and (6) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Hoard of Directors of the Company.------____-___-_---..___.------_------------------------_--..W„...... ------------------------------------------------------------------------------------ --------------------------------------------------------------------------------- -------------------------------------------------------------------------------- - CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BA 1474 Signed and sealed this 1 nth d-'aF, of Iijnp 199E Kevin L. Lybeck,5ecretary CBIC • 1213 Valley Street • RO ox 9271 • Seattle, WA 98109-0271 ,• ; , r (206) 622-7053 • (800) 765-CBIC (National) ■ (206) 382-9623 FAX PoaLPC7A.01-US013 ] 94 A CORP k rr PPODUCER Diversified Risk Ins. Brokers 1335 Stanford Avenue Suite 100 Emeryville, CA 94608 License#0529776 (510547-3203 INSURED Harris and Associates Inc. Attn: Holly Lauritsen 220 Mason Circle Concord, CA 94520 i YFF �.��. ::f `•x,::•5:;5:;5:.:: THIS *6ETI R IS ISSI�IQR OF INFORMATION ONLY AND CONFERS N GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFIPAMEND, EXTEND OR ALTER THE COVERAGE q f *4E POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Royal Insurance Company COMPANY B Athena Assurance Company COMPANY C California Compensation COMPANY JM D ..................................................................................................................................................... . THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CID I TYPE OF INSURANCE POLICY NUMBER LTR A GENERAL LIABILITY PSVO09942(97) 1 X COMMERCIAL GENERAL LIABILITY PEOWNER'S CLAIMS MADE �OCCUR & CONTRACTOR'S PROT t -- A I AUTOMOBILE LIABILITY PST086752(97) X ANY AUTO ALL OWNED AUTOS F_ SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS I POLICY EFFECTIVE POLICY EXPIRATION LIMITS OTHER THAN AUTO ONLY: DATE (MM/DD/YY) DATE (MM/DD/YY) E $ 08101197 08141/98 GENERAL AGGREGATE $ 2,000,000 08/01/98 EACH OCCURRENCE S PRODUCTS - COMP/OP AGG $ 2.000.000 S 2,000,000 PERSONAL & ADV INJURY $ 1.000.000 WC STATU- 0TH - 08/01/98 X I TORY LIMITS ! ..m R _. _ ., j EACH OCCURRENCE $ 1.000.000 $ 1.000.000 FIRE DAMAGE (Any one tire) $ 50.000 1.000.000 EL DISEASE - EA EMPLOYEE MED EXP (Any one person) S 5.000 08/01/97 08/01/98 COMBINED SINGLE LIMIT $ 1,000,000 GARAGE LIABILITY i ANY AUTO I I B EXCESS LIABILITY 900BA4119 08/01/97 I X UMBRELLA FORM OTHER THAN UMBRELLA FORM C EMPL E ERS' LIABILRS ITY ION AND W978161368 08/01/97 THE PROPRIETOR/ � INCL PARTNERS/EXECUTIVE F X OFFICERS ARE: EXCL. OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Harris project 96012 - "A", 2nd & 3rd Streets Underground Utility District BODILY INJURY S (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ 08/01/98 EACH OCCURRENCE S 2,000,000 AGGREGATE S 2,000,000 S WC STATU- 0TH - 08/01/98 X I TORY LIMITS ! ..m R _. _ ., EL EACH ACCIDENT $ 1.000.000 EL DISEASE - POLICY L MIT $ 1.000.000 EL DISEASE - EA EMPLOYEE $ 1.000.000 POLICY NUMBER: PST086752(97) BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is agreed that the "Who Is An Insured" provision is amended to include as an insured the person or organization designated below as an additional insured, subject to the following provisions: (1). This insurance applies only with respect to any Liability arising out of the operation of covered autos on the additional insureds premises described below; (2). The Named Insured is authorized to act for such additional insured in all matters pertaining to this insurance, including receipt of notice of cancellation; (3). Return premium, if any, shall be paid to the Named Insured; (4). Nothing contained herein shall affect any right of recovery as a claimant which the additional insured would have if not designated as such. San Rafael Redevelopment Agency, its officer, employees & agents. ATTN:David Bernardi P.O. Box 151560 San Rafael, Ca 94915 Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the Named Insured in connection with the above described contract. POLICY NUMBER: PSV009942(91) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: San Rafael Redevelopment Agency, its officer, employees & agents. ATTN:David Bernardi P.O. Box 151560 San Rafael, Ca 94915 (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. Harris project 96012 - "A", 2nd & 3rd Streets Underground Utility District Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the Named Insured in connection with the above described contract. CG 2010 11 85 Copyright, Insurance Service Office, Inc., 1984