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Home My WebLink AboutCC Resolution 11954 (Fifth Ave. Bicycle Pedestrian Pathway)RESOLUTION NO. 11954 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR FIFTH AVENUE BICYCLE/PEDESTRIAN PATHWAY, PROJECT NO. 11051, TO GHILOTTI BROS., INC., IN THE AMOUNT OF $356,702.80. WHEREAS, on the 9`h day of May, 2006, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "FIFTH AVENUE BICYCLE/PEDESTRIAN PATHWAY" PROJECT NO. 11051 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Bros., Inc. at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Bros., Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Bros., Inc. at the unit prices mentioned in said bid. ORIGINAL a�� RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED FURTHER, 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, City 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 held on the 15th day of May, 2006, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None Ac --1-5 JEANNE M. LEONCINI, City Clerk File No. 16.01.225 City of San Rafael • California Form of Contract Agreement For Fifth Avenue Bicycle/Pedestrian Pathway Project This Agreement is made and entered into this 15th day of May, 2006 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., 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: Fifth Avenue Bicycle/ Pedestrian Pathway Project all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within forty-five (45) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500.00 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 ITEI UNIT EST UNIT ITEM M NO. ITEM QTY PRICE, $ TOTAL, $ 1 Mobilization LS 1 8,987.00 8,987.00 2 Construction Staking & Marking LS 1 3000.00 3,000,.00 3 Traffic Control LS 1 15,000.00 15,000.00 4 Clearing and Grubbing LS 1 25,000.00 25,000.00 5 Remove Ex PCC Rolled Curb & LF 310 30.000 9,300.00 Gutter 6 Remove Ex PCC Sidewalk & SF 3521 4.00 14,084.00 Remove Ex PCC Driveway/Pavement 7 Construct Gravel Driveway SF 140 9.00 1,260.00 8 Full -Depth Asphalt Concrete (incl. TONS 238 250.00 59,500.00 removing ex. Pavement) 9 Construct PCC Curb & Gutter LF 1200 38.00 45,600.00 10 Construct PCC Sidewalk SF 4565 7.00 31,955.00 11 Construct PCC Stairs LS 1 5,000.00 5,000.00 12 Construct PCC Driveway SF 3852 22.00 84,744.00 13 Construct Exposed Aggregate SF 440 24.00 10,560.00 Concrete Driveway 14 Construct PCC Pavement with 6 SF 150 24.00 3,600.00 inch Curb 15 Construct Case C Curb Ramp LS 4 2,300.00 9,200.00 16 Construct Single -Sided Case C EA 1 3,500.00 3,500.00 Curb Ramp 17 Construct Case CM Curb Ramp EA 1 2,500.00 2,500.00 18 Remove Ex Sign & Install Ex Sign EA 4 200.00 800.00 with New Post 19 Remove Ex Sign & Install New EA 4 200.00 800.00 Sign on Ex Post 20 Remove & Reinstall Ex Sign & EA 1 200.00 200.00 Post 21 Install New Sign & Post EA 1 200.00 200.00 22 Construct Temporary Mailbox EA 6 150.00 900.00 Frame & Base 23 Remove and Reinstall Residential EA 3 250.00 750.00 Mailbox 24 Install 4" White Stripe (Painted) LF 6,967 0.40 2,786.80 25 Install Detail 21 LF 269 4.00 1,076.00 26 Replace Yellow Pavement LS 1 500.00 500.00 Markings 27 Replace Yellow 12" Stripe (Cross LS 1 1,000.00 1,000.00 Walks) 28 Install 12 Inch PVC Storm Drain LS 1 2,800.00 2,800.00 Pipe 29 Install Type "C" Catch Basin LS 1 2,600.00 21600.00 30 Existing Irrigation Restoration LS 1 1,500.00 1,500.00 31 Construct Wood Barricade LS 1 2,500.00 2,500.00 32 Relocate Picket Fence onto Curb LS 1 750.00 750.00 33 Install New Sign EA 19 250.00 4,750.00 Grand Total 356,702.80 AGREEMENT • 2 VI - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VII - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The 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 terns and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT • 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: nne M. Leoncini City Clerk nor APP /v . D M: ry T. Ra ghianti City Attor y CITY OF SAN RAFAEL: AIert B6ro r Mayor GHILOTTI BROS., INC. for r / Franklin D. Ruona Vice President, Estimating gr Construction Management AGREEMENT • 4 BOND EXEG= IN TRIPLICATE FAn'I:L.r'UL PERFORMANCE BOND Bond No 08022531 PUBLIC WORK (The premium charged on this bond is S 2,559.00 , being at the rate of. 8 75/A'iFIRST $100,000 per thousand of the contract price) .56/M= $255,702.8C KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the CITY OF SAN RAFAEL State of California, entered into a contract dated MAY 15 2006 with GHILOTTI BROS., INC. hereinafter designated as the "Principal," for the work described as follows: FIFTH AVENUE BICYCLE /PEDESTRIAN PATHWAY PROJECT NO. 11051 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, anO' FIDELITY AND DEPOSIT COMPANY OF MARYLAND corporation organized and existing under the laws of the State of MARYLAND , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL in the perzal sum of THREE HUNDRED FIFTY-SIX THOUSAND SEVEN HUNDRED TWO "'" Dollars ($ 3$6,702.80 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. ** AND BO/100TRS — —------��y- THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perforin the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and im all respects according, to their true intent and meaning, and shall indemnify and save harmless the CITY OF SAN RAFAEL its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, W e have hereunto set our hands and seals this 25TH day of MAY 2006 PRF71001 CA0201f GHILOTTI BROS., INC, By-LL�,�� MICHAEL M. GHa-(OTTI,( L `/ i 7-hicipal rttj6 1V.L/tHASl FIDELI'T`Y AND DEPOS�,COMPANY OF 1vIARYLAND LAWRENCE J. COYNE '/ .�>tu7 7zev-in-Fact ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Marin On May 30, 2006 (Date) personally appeared ® personally known to me or ❑ CATRINA L MANN coMM.082139e N MW Pueuctw OFM 0 WAN COUNTY J uQj MVC6ffMv Nwwde %2W v Stamp clear impression of notary seal above. SS. before me, Catrina Mann, Notary Public (Notary) Michael M. Ghilotti Signer(s) or proved to me on the basis of satisfactory evidence) to be the person(I) whose name(N) isA= subscribed to the within instrument and acknowledged to me that he/NWgda�, executed the same in his/XKXXXMauthorized capacity(UX), and that by hisPbedd3& signature(g) on the instrument the person(N), or the entity upon behalf of which the person(z) acted, executed the instrument. WITNESS my hand and of c1iallsseal. �t� Notary'6 Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President/Treasurer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other CAPA v10.30.04 www.notar yclassesxon7 800-873-9865 DESCRIPTION OF THE ATTACHED Performance Bond Title of Document 1 Number of Pages May 25, 2006 Document Date Other Information ACKNOWLEDGMENT State of California County of SONOMA On MAY 25, 2006 before me, J. DeLUCA, NOTARY PUBLIC , (here insert name and title of the officer) personally appeared LAWRENCE J. COYNE, ATTORNEY -TN -FACT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/tee subscribed to the within instrument and acknowledged to me that he/sWy executed the same in his/bec/theix authorized capacity(ies), and that by hisA:ier#heif signature(&) on the instrument the person (s), i or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. iv 15 1691 `- Signature (Seal) •I BOND EXECUTED IN TRIPLICATE PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas CITY OF SAN RAFAEL has awarded to GHILOTTI BROS., INC. as Principal, a contract for the work described as follows: FIFTH AVENUE BICYCLE / PEDESTRIAN PATHWAY PROJECT NO. 11051 Bond No. 08022531 AND WHEREAS, said Principal is required ad 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 Principal and Surety are held and firmly bound unto the CITY OF SAN RAFAEL in the amount required by law, the sum of ' THREE HUNDRED FIFTY-SIX THOUSAND SEVEN HUNDRED T'WO AND 80/100THS -- — Dollars ($ 356,702.80 ) for which payment well and truly 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 Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such clairnarit, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from' the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001 CA0202f In witness Whereof, We have hereunto set our hand and seals this 25TH day of MAY 2006 GHILOTTI BROS., INC. Principal J �, 1 "V - By: 1ullU H;l lel. ITtLt 1" �� Ytt't�1L1+�1V'1'/�l'tt�A,SURER FIDELITY AND IMPOSITIMNIPANY OF MARYLAND LAWRENCE J. COYNE / , Attorney -In -Fact ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of Marin On May 30, 2006 before me Catrina Mann, Notary Public (Date) (Notary) personally appeared Michael M. Ghilotti Signer(s) IN personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(g) whose name(i) ishM subscribed to the „ .. within instrument and acknowledged to me that r►TPJNA L MANNhe/� � executed the same in his/Cauthorized �'• COMM. p11621318UW NWAW p=a AlJr-0 t Q capacity(M), and that by his&ed�c signature(g) on taaal"courmr the instrument the person(g), or the entity upon behalf of 4 v nM ct,mn ��„remtrer 14,2009 1y P ()� tY P which the person(x) acted, executed the instrument. WITNESS my hand and official seal. Stamp clearimpression of notary seal above. elatt ilI Notary's Si6ature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President/Treasurer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other CAPA v10.30.04 w"-w.nonu-vclasses.com 800-873-9865 DESCRIPTION OF THE ATTACHED Payment Bond Title of Document 2 Number of Pages May 25, 2006 Document Date Other Information ACKNOWLEDGMENT State of California County of SONOMA On MAY 25, 2006 before me, personally appeared J. DeLUCA, NOTARY PUBLIC (here insert name and title of the officer) LAWRENCE J. COYNE, ATTORNF+'Y-TN-PA0T personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sW44&y executed the same in his/laec/their authorized capacity(iee), and that by hisA;er/th& signature(&) on the instrument the person(.$), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r _' Signature k_:�. ''' COUNrr V I ' (Seal) r . __ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint Goran G.E. RYN, Lawrence J. COYNE, Kelly HOLTEM C f Petaluma, California, EACH its true and lawful agent and Attorney -in- to , or, and on its behalf as surety, and as its act and deed: any and all bon gs such bonds or undertakings in pursuance of these presents, shall be as b' o H ly, to all intents and purposes, as if they had been duly executed and ac a re o ers of the Company at its office in Baltimore, Md., in their own proper pe fse p fAo issued on behalf of Bonnie K. Frymire, dated August 19, 1992. �wv The said Assistant es a e certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of June, A.D. 2005. ATTEST: Ftp DEPOs�i C. _� •o a W O in* State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Q��'j Eric D. Barnes Assistant Secretary M. P. Hammond Vice President On this 27th day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ArrJ�� POA -F 016-3366 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 25TH day of MAY 1 2005 a" -C. mppt,,-�S Assistant Secretary ACORP, CERTIFICATE 1F LIABILITY INSURAI'l GHISR 1D I DATE (MWD6) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN FORMATION 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 Phone: 707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Valley Forge Insurance INSURER B: Transportation Ins. Co. Ghilotti Bros., Inc. I INSURER C: State Compensation Ins. Fund 525 Jacoby Street 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. INZ3K LTR FAUU'LINSRC LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY)E POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY TCP2086959546 UAMAUt I U KtIV I CU 10/01/05 10/01/06 PREMISES(Eaoccurence) 1$100r000 —7 CLAIMS MADE 1_X I OCCUR I MED EXP (Any one person) I S 5,000 X Contrctl/Brd Frm PERSONAL&ADV INJURY I $ 1, 000, 000 X XCU Incl. $10,000 PD DED - PER OCC I GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I $ 2,000,000 PRO- POLICY FX n LOC I JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO BUA2087746336 10/01/05 10/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS e on$ person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ X Ded . $1000 APD PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 9,000,000 A XI OCCUR CLAIMSMADE CUP2087746286 10/01/05 10/01/06 I AGGREGATE 1$9,000,000 I$ DEDUCTIBLE I I g RETENTION $10,000 I $ WORKERS COMPENSATION AND STATU- X ITORY LIMITS I I COERWC EMPLOYERS*LIABILITY 667612405 10/01/05 10/01/06 I E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE C OFFICER/MEMBEREXCLUDED? 767612405 10/01/05 10/01/06 E.L. DISEASE - EA EMPLOYEEI $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PRO41SIONS RE: Operations of the Named Insured for the Certificate Holder. *Ten day notice would be sent on non payment. **Boards & Commissions and Dept. of Public Works JOB: Fifth Ave. Bicycle/Pedestrian Pathway, Project #11051 & GBI #06411 30*XG140331A99 CERTIFICATE HOLDER City of San Rafael, its officers, agents & empl., its elective & appointed ** P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25 (2001/08) CANCELLATION SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMB£i1M9Rt0 MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L AUED RESE E ML.. t (�O�IK�RD CORPORATION 1988 CLIA Ghilotti Bros., Inc. For All Commitments You Make* G -140331-A99 (Ed. 10:1) #TCP2086959546 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, Fifth Ave. Bicycle/Pedestrian Pathway its elective & appointed Boards & Commissions Project #11051, GBI #06411 Dept. of Public Works (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 L 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. 10/1) a. The prepare,ig, approving, or failing to prepare or approve m ps, 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. 0-140331-A99 (Ed. 10/01)