HomeMy WebLinkAboutCC Resolution 12012 (Terra Linda Recreation Center Paving Upgrade)RESOLUTION NO. 12012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING THE CONTRACT FOR TERRA LINDA RECREATION CENTER
ENTRY PAVING UPGRADE, PROJECT NO. 11087, TO GHILOTTI BROS., INC.
IN THE AMOUNT OF $59,888.00.
WHEREAS, on the I" day of August, 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:
"TERRA LINDA RECREATION CENTER ENTRY PAVING UPGRADE"
PROJECT NO. 11087
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, TIIEREFORE, 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.
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.
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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 7th day of August,
2006, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:Cohen
JEAN1\V M. LEONCINI, Pity Clerk
File No. 06.01.172
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City of San Rafael • California
Form of Contract Agreement
for
TERRA LINDA RECREATION CENTER
ENTRY PAVING UPGRADE
Project No: 11087
This Agreement is made and entered into this 7th day of August 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: Terra Linda Recreation Center Entry
Paving Upgrade, Project No: 11087, 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 twenty (201 working days after the date of
such notice and with such extensions of time as are provided for in the General
Conditions.
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 0 1
INO.
UNIT
ST
UNIT
ITEM
UNIT
TOTAL
I ITEM I
QTYI
PRICE, $
TOTAL, $ I
PRICE, $ I
PRICE
1 Mobilization
LS
1
3,649.00
3,649.00
2,888.00
2,888.00
2 Demolition
LS
1
6,779.00
6,779.00
15,000.00
15,000.00
3 AC Preparation, Paving & Striping
LS
1
3,449.00
3,449.00
13,000.00
13,000.00
@Stall
4 Concrete
LS
1
24,774.00
24,774.00
20,000.00
20,000.00
5 Site Furnishings
LS
1
7,349.00
7,349.00
9,000.00
9,000.00
Grand
'Dotal
46,000.00
59,848.00
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 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
AGREEMENT • 2
liens; (2) faulty work appearing
requirements of the
constitute a waiver
and still unsettled.
specifications; c
of all claims by
within 12 months after final payment; (3)
>r (4) manufacturers' guarantees. It shall also
the Contractor, except those previously made
(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:
Lt
-
anne M. ncini
City Clerk
APPROVID'AS' 3'F
Gary T. Ragghiz .Kti
City Attorgo
CITY OF SAN RAFAEL:
11At6ert Bor(�;// /
Mayor
CONTRACTOR:Ilk
Q12Z 144
VrllitJ
for P BNS
LOIN, 1 '91) &A,
AGREEMENT • 3
BOND EXECUTED IN TRIPLICATE
FAITHFUL PERFORMANCE BOND Bond Nr, 08446251
PUBLIC WORK
(The premium charged on this bond is $ 524.00 , being at
the rate of S 8.75 per thousand of the contract price)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS the CITY OF SAN RAFAEL
State of California, entered into a contract dated AUGUST 7TH 2006 , with
GHILOTTI BROS., INC.
hereinafter designated as the "Principal,"
for the work described as follows: TERRA LINDA RECREATION CENTER ENTRY PAVING UPGRADE
PROJECT NO. 11087
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, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND a
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 penal sum of
FIFTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-EIGHT & NO/100THS- Dollars ($ 59,888.00 ),
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.
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
perform 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 in 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, We have hereunto set our hands and seals this 25TH day of AUGUST 2006
PRF71001 CA0201 f
GHILOTTI BROS., INC.
�ipal
By
MICHAEL M. GHILOtTIJ PRESIDENT/TREASURER
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By \_,r4c- t' -t fiA 6ti- - --
KELLY HdLTEMANN , Attornu-ita-Fact
ACKNOWLEDGMENT
State of California
County of SONOMA
On AUGUST 25, 2006 before me,
personally appeared
J. DeLUCA, NOTARY PUBLIC
(here insert name and title of the officer)
KELLY HOLTEMANN,
ATTORNEY-IN-FACT
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/arz subscribed to the within instrument and
acknowledged to me that Wshe/#executed the same in bdz/her/authorized
capacity(), and that by hasher/1#zmSKsignature(s) on the instrument the person(99,
or the entity upon behalf of which the person(z.) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(X)NO-A, ,,X'1521691 ?
' �.hN)TA F,: -CALIFORNIA Q
r +{ Srpy;Y`lA. COUNTY -a
e My 'a nrt. L.'(swes Oct 24. 2008
(Seal)
9
I
ACKNOWLEDGMENT
State of California
County of Marin
On August 25, 2006 before me,
personally appeared
Lori J Nelson, Notary Public
(here insert name and title of the officer)
Michael M. Ghilotti
President/Treasurer
lu
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person( -whose name(.&) is/ate subscribed to the within instrument and
acknowledged to me that he/e4=te/t4ey executed the same in his/kw/thein authorized
capacity(ie&), and that by his/#ef/t#eif signature( -6} on the instrument the person(4,
or the entity upon behalf of which the person(6+acted, executed the instrument.
LORI I NELSON
WITNESS my hand and official seal. Commission# 1660746
e Notary Public - California
Marin County [
My Comm. Expires Apr 25, 201 Or
Signature /�� &/-51- 11
(Seal)
BOND EXECUTED IN TRIPLICATE
Bond No. 08446251
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: TERRA LINDA RECREATION CENTER
ENTRY PAVING UPGRADE PROJECT NO. 11087
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
FIFTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-EIGHT & NOI100THS
Dollars ($ 59,888.00 ) 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 claimant, 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.
PAY71001CA0202f
In witness Whereof, We have hereunto set our hand and seals this 25TH
day of AUGUST 2006
GHILOTTI BROS., INC.
Principal
By:
GZiGLrCvZ` 2 �h
MICHAEL M. GHILOTTI.. P SIDENT/TREASURER
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
KELLY H6LTEMANN , Attorney -In -Fact
ACKNOWLEDGMENT
State of California
County of SONOMA
On AUGUST 25, 2006before me, J. DeLUCA, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared KELLY EOLTEMANN,
ATTORNEY-IN-FACT
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/arz subscribed to the within instrument and
acknowledged to me that fteVshe/t executed the same in Izs/her/beiRauthorized
capacity(xm), and that by his/her/ csignature(s) on the instrument the person(,
or the entity upon behalf of which the person(z.) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
1
•�
i
LUCAr
F R ,r . ,`
. .
U
°�`"n`:�e� i'.
• :, ,41521691
z x�rt ri 'I` • `
..IC -CALIFORNIA 0
U
0-LOrt 24.2008
(Seal)
1
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 Vl, Section 2, of the By -Laws of said Company, wh' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s ate, 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 o such bonds or undertakings in
pursuance of these presents, shall be as b' ' om 11 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 pep f040 issued on behalf of Bonnie K. Frymire, dated August 19,
1992. C1�
The said Assistant este eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -L 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 Anij LnruSI L COMPANY OF MARYLAND, this 27th day of June,
A.D. 2005.
ATTEST:
0 DEPOS,
•. �a o
W �
1✓ ,� i
State of Maryland1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�L'_ 2), Al� By: QRNW-�'j
Eric D. Barnes Assistant Secretaiy 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 sworn, 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 instrumery is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affix u auu auua,iiUed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto =t -y hand and affixed my Official Seal the day and year fust above
written.
R. Hq),
NRva
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2009
POA -F 016-3366
ACKNOWLEDGMENT
State of California
County of Marin
On August 25, 2006 before me,
j personally appeared
Lori J Nelson, Notary Public
(here insert name and title of the officer)
Michael M. Ghilotti
President/Treasurer
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person( whose name(.-) is/afe subscribed to the within instrument and
acknowledged to me that he/6he/t4%L executed the same in his/#e/thak authorized
capacity(ies,-), and that by his/#ef/t#etf signature( -&r on the instrument the person(4,
or the entity upon behalf of which the person(} acted, executed the instrument.
WITNESS my hand and official seal.
i
Signature
M
a-dhdffiLORI I NELSON
Commlas'on # 1660746
_Q
Notary Public - California
y
Marin County
MY Comm. Expires Apr 25, 201011
(Seal)
A�:ORD CERTIFICATE OF LIABILITY INSURANG_ CSR SD
1
DATE (MM/DD/YYYY)
GHILO-1
08/24/06
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Doi, 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 Valley Forge Insurance
INSURER B Transportation Ins. Co.
Ghllottl Bros . , Inc.
I INSURER State Compensation Ins. Fund
525 Jacoby 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
irvan 'Huu L
LTR INSRE TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A X X COMMERCIAL GENERAL LIABILITY TCP2086959546
10/01/05 10/01/06 PREMISES (Ea occurence)
$ 100,D00
ICLAIMS MADE [ X ] OCCUR
I MED EXP (Any one person)
$ 5,000
X Contrctl/Brd Frm
I PERSONAL&ADV INJURY
$1,000,000
X XCU Incl. $10,000 PD DED - PER OCC
I GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OPAGG
$2,000,000
POLICY FX n LOC
JECT
AUTOMOBILE LIABILITY
COMBINED
$1,000,000
B X ANY AUTO BUA2087746336
10/01/05 10/01/06
(Ea accident) et;INGLELIMIT
_ ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY INJURY
$
X NON -OWNED AUTOS
(Per accident)
X Ded . $1000 APD
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
I AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY AGG
$
I $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
I $ 9,000,000
A X I OCCUR F -I CLAIMSMADE CUP2087746286
10/01/05 10/01/06 I AGGREGATE
I $ 9,000,000
I$
DEDUCTIBLE
I
I $
X RETENTION $ 10 , 000
I
$
COMPENSATION AND
b IA Ll -WORKERS
I X (TORY LIMITS IUER
EMPLOYERS' LIABILITY
C 667612405
10/01/05 10/01/06 EL EACH ACCIDENT
$ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
C OFFICER/MEMBEREXCLUDED? 767612405
10/01/05 10/01/06 EL DISEASE - EA EMPLOYEEI
$ 1,000,000
If yes, describe under
SPECIAL PROVISIONS below
E L DISEASE - POLICY LIMIT
$1,000,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder.
*Ten day notice would be sent on non payment.
**its elective, appointive Boards & commissions
JOB: Terra Linda Recreation Cntr Entry Paving Upgrade Proj.#11089-GBI #06365
30*XG140331A99
CERTIFICATE HOLDER
City of San Rafael, its
off., agents & employees
Dept. of Public Works**
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 WILLENBEAVOR-T9MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, E —1 .:L 7/!'I IL Z I C4tL
OR
AU�7ED 11: 7E o �T `~O�� �
�'AC6RD CORPORATION 1988
CMA 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
Name of Person or Organization:
City of San Rafael, its officers, agents & employees
Dept. of Public Works, its elective, appointive Boards
& commissions
SCHEDULE
Designated Project:
Terra Linda Recreation Center Entry Paving
Upgrade Project #11089, GBI #06365
(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
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G -140331-A99
(Ed. 10/1)
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.
L 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:
(l) 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.
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