HomeMy WebLinkAboutCC Resolution 12210 (Lindenwood Ct. Drainage Impr.)RESOLUTION NO. 12210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING CONTRACT FOR LINDENWOOD COURT #10 DRAINAGE
IMPROVEMENTS, PROJECT NO. 91011, TO
MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $48,884.00
WHEREAS, on the 20th day of February, 2007, 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:
"LINDENWOOD COURT #10 DRAINAGE IMPROVEMENTS"
PROJECT NO. 91011
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Maggiora & Ghilotti, Inc., at the unit prices stated
in its bid was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder therefor;
NOW, THEREFORE, BE IT RESOLVED that the bid of Maggiora &
Ghilotti, 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 Maggiora &
Ghilotti, Inc., at the unit prices mentioned in said bid.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk of said
City be authorized and directed to execute a contract with Maggiora & Ghilotti, Inc., for
said work and to return the bidders 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 51h day of March, 2007 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA&NE M. LEONCINI, City Clerk
File No.: 08.02.247
+,
4�f
0
0
0
0
0
0 0
Z V
C
0
0
0
0
0
0 0
0
0
0
0
0
0 0
-�
C=)
O
o
o
�n
o 0
O
F
O
O
O
O
N
O1.0 O
0
O
0
M
0
0 0
69
M
N
z V
D\
0
N
0
N
0
to
0 0
N 7
G
—
^
M
V3
O
O
O
O
O
O O
O
O
O
O
O
V1
O O
F
O
V1
O
M
O
O
O
n
n
oo
O O
O N
4�f
O
O
O
O
O
O O
Z V
C
O
N
O
—
O
N
O O
In knN
O
O
O
O
O
O O
-�
O
O
O
O
O
O O
O
F
V'� 7
Q
O
O
N
O
O
N
O
O
O
to
N
n
O O
O O
N C
`n
0
0
0
0
0
0 0
z V
D\
0
N
0
N
0
to
0 0
N 7
G
—
^
M
V3
O
O
O
O
O
O O
-�
O
O
O
O
V1
O O
w Q
F F,
O
V1
O
M
O
O
O
n
n
oo
O O
O N
F
s<,
0
0
0
0
0
0 0
F-
z U
O
o
o
0
0
o
0
to
0
r-
0 0
o 0
�
V1
ul
O
M
O N
O
O
O
O
O
O O
O
O
O
O
O '7
w
O
O
to
O
vl
O
et
O
%C
�
O 00
N
F
eq
t
U
O
0
o
W)
O
0
0
O
0
0
O
0
c
M
O
0
°O
O O
0
o co
N Vn
O
O
O
O
O
O O
O
O
O
O
O
O O
O O
N
F
6s
O
O
O
O
O
O O
F ,
U
O
o
O
0
O
0
O
0
O
O O
o 0
p„
o
vi
vi
n
^ C -4i
F-
V] F
-.
^
—
Nr
^
w a
-
O
O
tn
n
n
n
In
O
O
C
Ln
N
C.1
tn
a
City of San Rafael ♦ California
Form of Contract Agreement
for
LINDENWOOD COURT # 10 DRAINAGE IMPROVEMENTS
Project No: 91011
This Agreement is made and entered into this Sth day of March 2007 by and
between the City of San Rafael (hereinafter called City) and Maggiora &
Ghilotti, Inc. (hereinafter called Contractor). Witnesseth, that the City and the
Contractor, for the considerations hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the
plans and described in the specifications for the project entitled: Lindenwood
Court #10 Drainage Improvments and Project No: 91011, 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
seven (7) calendar days after the date of written notice by the City to the
Contractor to proceed.
(b) The work shall be completed within fifteen (15) working days after the
date of such notice and with such extensions of time as are provided for in
the General Conditions.b
IIII - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or
completed within the number of working days as set forth in the contract,
damage will be sustained by the City, and that it is and will be impracticable
and extremely difficult to ascertain and determine the actual damage which the
City will sustain in the event of and by reason of such delay; and it is therefore
agreed that the Contractor will pay to the City, the sum of $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.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall
be made for the actual number of units that are incorporated in or made
necessary by the work covered by the Contract.
AGREEMENT • 1
ITEM
EST
UNIT
UNIT
ITEM
NO.
ITEM
QTY
PRICE, $
TOTAL, $
1
Site Clearing,
1
LS
5,000.00
5,000.00
Grubbing,Mobilization,Utility
Coordination, Environmental
Controls, and
Temporary Facilities and Controls
2
Demolition
1
LS
5,000.00
5,000.00
3
Earthwork
1
LS
4,000.00
4,000.00
4
Storm drain System
a.
Grate Covers/Frames/Pipe
2
EA
3,000.00
6,000.00
5
Modified type "B" V -Ditch
145
LF
80.00
11,600.00
6
Inlet Structure
1
LS
12,000.00
12,000.00
7
Trash Rack
1
LS
5,284.00
5,284.00
Grand Total 48,884.00
V - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department
shall prepare and submit an estimate covering the total quantities under
each item of work that have been completed from the start of the job up to
and including the 25th day of the preceding month, and the value of the
work so completed determined in accordance with the schedule of unit
prices for such items together with such supporting evidence as may be
required by the City and/or Contractor.
(b). On not later than the 15th day of the month, the City shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the
estimate as approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the
expiration of 35 days following the filing of the notice of completion and
acceptance of the work by the Public Works Department.
(d).The Contractor may elect to receive 100% of payments due under the
contract from time to time, without retention of any portion of the payment
by the public agency, by depositing securities of equivalent value with the
public agency in accordance with the provisions of Section 4590 of the
Government Code. Such securities, if deposited by the Contractr, shall be
valued by the City's Finance Director, whose decision on valuation of the
securities shall be final.
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
AGREEMENT • 2
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:
C �
Jeafenge M. te'o4nckini-v'�"In'
Albert Boro
City Clerk Mayor
APPRO\%E S- OAF RM:
G �
"
ary T. Ra �)zcanti
City Attor Ra
CONTRACTOR:
t.
for i`'1�.7�,,;�,M
r
AGREEMENT • 3
EXECUTED IN TRIPLICATE
CONTRACTOR'S BOND TRAVELERS CASUP 'AND SURETY COMPANY OF AMERICA
FOR FAITHFUL PERFORMANCE Hartford, Connecticut 06183
BOND NO: 104635912
PREMIUM: $256.00
KNOW ALL MEN BY THESE PRESENTS:
Thatwe, MAGGIORA & GRILO-TTIU5-5-5 DUBOIS ST, SAN R-AFABL- CA 94901
as Principal, and TRAVELERS CASUADY AND SURETY COMPANY OF AMERICA, a corporation organized under
the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole
surety on bonds and undertakings, as Surety, are held and firmly bound unto
CITY OF SAN RAFAEL, PUBLIC WORKS, P.O. BOX 151560, as Obiigee,
SAN RAFAELF CA. 94915
in the full and just sum of FORTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY FOUR NO/100
Dollars, ($ 48,884.00 ), 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 this STH day of MARCH 20 07 .
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
LINDENWOOD COURT #10 DRAINAGE IMPROVEMENTS, PROJECT NO. 91011
as is more specifically set forth in said contract, to which contract reference is hereby made.
NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and 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.
MAGGI7VGHILOTTI, INC.
V
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
By '7
LAWRENCE J.''COYNE Attorney -in -Fact
S-2359-1 (07-97)
ACKNOWLEDGMENT
State of California
County of SONOMA
On 3/5/07 before me, CHERYL GRIGGS, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared LAWRENCE J. COYNE, ATTORNEY-IN-FACT
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person% whose name% is/subscribed to the within instrument and
acknowledged to me that he/,Miglf� executed the same in his/Pn!7jtw<r authorized
capacity, and that by his/j;e</>0tr signatureX on the instrument the person)K,
or the entity upon behalf of which the person acted, executed the instrument.
cHt-qyt
Commission # 4)21721
Notary Pul',jic - Colifornia
WITNESS my hand and official seal.
Sonoma County
MyComm, Fxtwesn-c'1?4,2003�
Signature
(Seal)
11
I
PAYMENT BOND - PUBLIC WORK
SECTIONS 3247 - 3252, CIVIL OE
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
rtford, Connecticut 06183
Bond No. 104635912
Premium $ INCLUDED IN
PERFORMANCE BOND
THAT WHEREAS, The State of California, acting by and through the CITY OF SAN RAFAEL, PUBLIC WORKS
P.O. BOX 151560, SAN RAFAEL, CA 94915
has awarded to MAGGIORA & GHILOTTI, 555 DUBOIS ST., SAN RAFAEL, CA 94901
as Contractor, a contract for the work described as follows:
LINDENWOOD COURT #10 DRAINAGE IMPROVEMENTS, PROJECT NO. 91011
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 FORTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY
FOUR NO/100
($ 48, 884.00 ) 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
5THday of MARCH ,3.0 07
MAGGIORA``&
GHILOTTI, INC,
Contractor
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
R
8y NCE J . COYNE J,'
LAWRENCE Attorney -in -Fact
S -2061-B (07-97)
ACKNOWLEDGMENT
State of California
County of SONOMA
On 3/5/07 before me, CHERYL GRIGGS, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared LAWRENCE J. COYNE, ATTORNEY-IN-FACT
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the personal whose name% is/subscribed to the within instrument and
acknowledged to me that he1,';h41>eqj- executed the same in his/Prr authorized
capacity, and that by his/pefl.11:Wr signatureX on the instrument the personN,
or the entity upon behalf of which the persontg) acted, executed the instrument.
CHERY
WITNESS my hand and official seal. Commission # 1521721
Notary Public - California
Sonoma county
V COMM ExPlres Oct 24,2
008
Signature N144
(Seal)
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE PED BORDER
STPAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 217302
Certificate No. 000960878
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Lawrence J. Coyne, Goran G. E. Ryn, Kelly Holtemann, Bonnie K. Frymire, and Joan DeLuca
of the City of Petaluma , State of California , their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS une HEREOF, the Companies
have caused this instrument to be signed and their corporate seals to be hereto affixed, this 19th
day of
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
ti � n jJCORPOR,,>�Cs1 jW:.GppPOWAP� �� � tl
Z �� s t y ,,p tet. n � i • a W CCNN. n CaYtP. R in '696
`i D I�. Ny p' 7`•. S��.Li3 W o e..
des • 'H� ! � ��OFtkVt� �L�.: �E � �1S . A�� �jr..........ro`�+D �dbd a ,,�,'e d a ��'vl AFH
State of Connecticut
City of Hartford ss.
By _
C' or9e W " I ompson, Senr Vic President
On this the 19th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
eon
In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2011.Cl
58440-6-06 Printed in U.S.A.
Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
N WARP ' � THIS POWER OF ATTORNEY IS INVALID WITHOUT THF ''ED BORDER
This Power of Attorney is granted under and by t�. -iuthority of the following resolutions adopted by the Boaru. — Directors of Farmington Casualty Compialy, Fidelity
Rk and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary-, and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of MARCH 20 07
Kori M. Johans Assistant Secretary
t' 195 N J�SEAL,io! �. 'O iOo twNx. @ m
To verify the authenticity of this Power of Attorney, call 1-800,421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number,
the above named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Y jr-, I I,A 4M-: Ar, 4,,
CSR KM DATE (MM/DD/YYYY)
ACORP. CERTIFICATE. JF LIABILITY INSURANC MAGGI-1 03/15/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Petaluma CA 94953 I 1
Phone : 707-782-9200 Fax: 707-782-9300
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER
Valley Forge Insurance
INSURER B
Transportation Ins. Co.
Maggiora & Ghilotti , Inc.
I INSURER C
555 Du Bois Street
I INSURER D
San Rafael CA 94901
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSK 4UU'L POLICY NUMBER
LTR NSRC TYPE OF INSURANCE
POLICY EFFECTIVE
DATE (MM/DDIYYI
POLICY EXPIRATION
DATE (MMIDD/YYI
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$1,000,000
A X X COMMERCIAL GENERAL LIABILITY TCP2086634900
09/01/06
UNMAUt IUKtNItU
09/01/07 I PREMISES (Ea occurence)
000
g 300,000
= CLAIMS MADE XI OCCUR
I MED EXP (Any one person)
$ 5,000
X XCU Included
I PERSONAL 8 ADV INJURY
$ 1,000,000
X $5,000 PD Ded.
GENERAL AGGREGATE
$2,000,000
GEN L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OP AGG
$ 2,000,000
7 POLICY n jE O n LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$1,000,000
B X ANY AUTO BUA2086634993
09/01/06
09/01/07
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
$
NON OWNED AUTOS
(Per accident)
X PD Ded . $1,,000
PROPERTY DAMAGE
$
Per Accident
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY AGG
$
EXCESS/UMBRELLA LIABILITY
I EACH OCCURRENCE
$ 5,000,000
A X� OCCUR F1 CLAIMSMADE CUP2091625109
09/01/06
09/01/07 AGGREGATE
s5,000,000
$
DEDUCTIBLE
I
$
X RETENTION $10,000
$
WC STAI U- TH
WORKERS COMPENSATION AND
(TORY LIMITS I I ER
EMPLOYERS. LIABILITY
E L EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EL DISEASE - EA EMPLOYEE
$
If yes, describe under
SPECIAL PROVISIONS below
EL DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder
* 10 days naotice would be sent on nonpayment
JOB: Lindenwood Court #10 Drainage Improvements Project No. 91011, M&G #4223
30*13140331A99
CERTIFICATE HOLDER
City of San Rafael, its
officers, agents, empl &
Bruce & Linda Berlinger
P.O. Box 151560
San Rafael, CA 94915
ACORD 25 (2001/08)
CANCELLATION
SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU' 21ZED E
(\` �`"RESEt' O'AW`RD CORPORATION 1988
CRNA
For All Commitments You Make*
G -140331-A99
(Ed. 10/1)
#TCP2086634900
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
City of San Rafael, its officers, agents & employees JOB: Lindenwood Court #10 Drainage
Bruce & Linda Berlinger Improvements Proj. 91011, M&G #4223
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including
any person or organization shown in the schedule above, (called additional insured) whom you are required to add as
an additional insured on this policy under a written contract or written agreement; but the written contract or written
agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury."
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured solely for liability due to your negligence and
specifically resulting from "your work" for the additional insured which is the subject of the written contract
or written agreement. No coverage applies to liability resulting from the sole negligence of the additional
insured.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or
written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are
inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of
"insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage"
arising out of the "products -completed operations hazard" unless required by the written contract or written
agreement.
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or
failure to render any professional services including:
G -140331-A99
(Ed. 10/01)
G -140331-A99
(Ed. I O� 1)
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
b. Supervisory, or inspection activities performed as part of any related architectural or engineering
activities.
C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS are amended as follows:
1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition:
e. An additional insured under this endorsement will as soon as practicable:
(1) Give written notice of an occurrence or an offense to us which may result in a claim or
"suit" under this insurance;
(2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under
this Coverage Part;
(3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also
has insurance for a loss we cover under this Coverage Part; and
(4) Agree to make available any other insurance which the additional insured has for a loss
we cover under this Coverage Part.
f. We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or "suit" from the additional insured.
1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over any other insurance naming the additional insured as an
insured whether primary, excess, contingent or on any other basis unless a written contract
or written agreement specifically requires that this insurance be either primary or primary
and noncontributing to the additional insured's own coverage. This insurance is excess
over any other insurance to which the additional insured has been added as an additional
insured by endorsement.
When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured against any "suit" if any other insurer has a duty to defend the additional
insured against that "suit." If no other insurer defends, we will undertake to do so, but we
will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other
insurance.
We will share the remaining loss, if any, with any other insurance that is not described in
this Excess Insurance provision and was not bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations of this Coverage Part.
G -140331-A99
(Ed. 10!'01)
POLICYHOLDER COPY NC
STATE P 0, BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03-15-2007 GROUP: 000315
POLICY NUMBER: 0001551-2008
CERTIFICATE ID: 154
CERTIFICATE EXPIRES: 10-01-2007
10-01-2006/10-01-2007
CITY OF SAN RAFAEL NC JOB:LINDENWOOD COURT #10 DRAINAGE
IMPROVEMENTS PROD. NO. 91011, M&G 4223
PO BOX 151560
SAN RAFAEL CA 94915-1560
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
Califorma ,nsurance Comm ssioner to the employer named below for the policy period m6cated.
This policy is not subject to canc0ation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notw'thstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance
afforded by the policy described herein s subject to aVl the terms, exclusions, and conditions, of such policy.
�THORIZEDREPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2006 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
MAGGIORA & GHILOTTI, INC NC
555 DU BOIS ST
SAN RAFAEL CA 94901
[B10,NCj
iREV.2.05) PRINTED : 03-15-2007