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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