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HomeMy WebLinkAboutCC Resolution 11542 (Eucalyptus Lane Storm Drain & Sewer Replacement)RESOLUTION NO. 11542 A RESOLUTION AWARDING CONTRACT FOR EUCALYPTUS LANE STORM DRAIN AND SEWER REPLACEMENT TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $187,654.00 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 271h day of April, 2004, 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: "EUCALYPTUS LANE STORM DRAIN AND SEWER REPLACEMENT" PROJECT NO. 11033 In accordance with the plans and specifications therefore 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 the and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, 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. IT IS FURTHER ORDERED AND RESOLVED that the City Council 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. RESOLVED, FURTHER, that the Council does hereby authorize the Public Works Director 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 the 3rd day of May, 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAN". LEONC I, City Clerk File No.: 08.02.227 City of San Rafael . California Form of Contract Agreement for EUCALYPTUS LANE STORM DRAIN AND SEWER REPLACEMENT Project No: 11033 This Agreement is made and entered into this 3rd day of May 2004 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: Eucalyptus Lane Storm Drain and Sewer Replacement, Project No 11033:, 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. 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, S TOTAL, S 1 Site Clearing, Grubbing, I LS 15,500.00 15,500.00 Mobilization, Traffic Control, Utility Coordination, Environmental Controls, and Temporary Facilities and Controls 2 Demolition a. Concrete Curb./Gutter and Sidewalk 1,042 SF 3.00 3,126.00 and Concrete Walkway b. Tree Removal and Tree Root 1 LS 4,771.00 4,771.00 Trimming c. Remove existing headwall 1 LS 900.00 900.00 d. Remove and replace fence I LS 600.00 600.00 3 Storm Drain System a. 18" PVC Pipe 715 LF 92.00 65,780.00 b. Catch Basin (UCS #224, Type F) 4 EA 3,220.00 12,880.00 c. Connection to existing manhole 3 EA 300.00 900.00 4 Sanitary Sewer System a. 8" PVC Pipe 572 LF 61.00 34,892.00 b Connect to existing manhole 4 EA 230.00 920.00 5 Subsurface Void Fill 672 TN 30.00 20,160.00 6 Concrete (Cast -In -Place) Flatwork a. 30" Wide Curb/Gutter/Sidewalk 116 LF 60.00 6,960.00 (UCS #101, Type A) b. Driveway Approach (UCS #102) 2 EA 2,200.00 4,400.00 modified c. Remove and Replace Driveway 660 SF 9.00 5,940.00 d. Remove and Replace Walkway 180 SF 6.00 1,080.00 7 Street Overlay a. A.C. Grinding 845 SF 5.00 4,225.00 b. Asphalt Concrete Pavement 44 TONS 105.00 4,620.00 Grand Total 187,654.00 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. AGREEMENT • 2 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 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: e�. Leoncini City Cie APP OI .l - G T City Atte IN CITY OF SAN RAF L: be J. Bor Mayor MAGGIORA & GHIL ITI, INC. WN 411: 555 DuBOIS ST. SAN RAFAEL, CA. 94901 Gary (,hlotti Pre.,iuunt AGREEMENT • 3 CONTRACTOR'S BOND TRAVELERS CASUAL AND SURETY COMPANY OF AMERICA FOR FAITHFUL PERFORMANCE Hartford, Connecticut 06183 (BOND ISSUED IN DUPLICATE) BOND NO. 104296842 PREMIUM: $985.00 KNOW ALL MEN BY THESE PRESENTS: That we, MAGGIORA AND GHILOTTI, INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the full and just sum of ONE HUNDRED EIGHTY-SEVEN THOUSAND SIX HUNDRED FIFTY-FOUR & NO/100S- Dollars, ($ 187,654.00 ------------- ), 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 3RD day of MAY , 2004 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 EUCALYPTUS LANE STORM DRAIN AND SEWER REPLACEMENT PROJECT NO. 11033 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. MAGG By: TRAVELERS CASUA 4VROD SURETY COMPANY OF AMERICA U By l KELLY HOLTEMANN, Attorney -in -Fact CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California ss. County of SONOMA On 5/3/04 before me, LAWRENCE J. COM, NOTARY PUBLIC Date Name and Title of Officer (e.g., *Jane Doe, Notary Public") personally appeared --------SLY HOLTEMANN ------------------------------- Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/axx '�-•�--� subscribed to the within instrument and LAWRENCE J. COYNE ' acknowledged to me thattxdshetftEW executed f� Commission # 1719114.3 Z the same iniher/x authorized Z e a =. x Notary Public: - Colifernio y Sonoma County capacity-, and that by kkzkher/ MyC.crnrn.(;z)t< ;0-t?1,2M isignature(x) on the instrument the person(,$), or the entity upon behalf of which the person acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signalure of No ry Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: MAY 3, 2004 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: N/A 417 • k�IUT:f1111 Number of Pages: ONE .� Top of thumb here Signer Is Representing: TRAVELERS CASUALTY AND SURETY COMPANY OF -=CA 01999 National Notary Association • 9350 De Solo Ave., P.D. Boz 2402 • Chatsworth, CA 91313-2402 • www.natlonalnolary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-976-6827 PAYMENT BOND - PUBLIC WOP" SECTIONS 3247 - 3252, CIVIL C (CALIFORNIA) (BOND ISSUED IN DUPLICATE) KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUAL- 4ND SURETY COMPANY OF AMERICA ford, Connecticut 06183 Bond No. 104296842 Premium $ (INCLUDED) THAT WHEREAS, The State of California, acting by and through the CITY OF SAN RAFAEL has awarded to MAGGIORA AND GHILOTTI, INC. as Contractor, a contract for the work described as follows: EUCALYPTUS LANE STORM DRAIN AND SEWER REPLACEMENT PROJECT NO. 11033 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 ONE HUNDRED EIGHTY-SEVEN THOUSAND SIX HUNDRED FIFTY-FOUR AND NO/1 OOTHS---------------------------------------------------------------------------------------------------------------------------------------------- ($187,654.00) 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 3RD day of MAY , 2004 MAGGI6 AND GH- � 4.INC. Gary Ghilotti Contractor President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA r" By d&,,.r--- ! KELLY HOLTEMANN, Attorney -in -Fact CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California ss. County of SONOMA On 5/3/04 before me, LAWRENCE J. COYNE, NOTARY PUBLIC Date Name and Title of Officer (e.g., *Jane Doe, Notary Public") personally appeared ---------KELLY HOLTEMANN--------------------------_---_ — Name(s) of Signer(s) .'f 2ii�_ i�uf'..�'NCS'.tf�.��.�,/,i�:M.�:bRfe•"�+r� LAWRENCE J. COYNE Commission # 1281143 Z Notary Public - California e Sonoma County b My comm: Comes octm, mm ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name(z) is/mac subscribed to the within instrument and acknowledged to me thatch executed the same in )b&her/Abx& authorized capacity, and that by kiskher/fes signature(a) on the instrument the person(s), or the entity upon behalf of which the person$;50 acted, executed the instrument. WITNESS my hand /and official seal. Place Notary Seal Above Signature of Not ry Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: MAY 3, 2004 Number of Pages: Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: KELLY HOLTEMANN ONE •,ilk -ohm ZW Top of thumb here Signer Is Representing: TRAVELERS CASUALTY AND SURETY COMPANY OF AI(=CA 01999 National Notary Assodation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800.876.6827 TERRORISM -IMSURANCE On 'Novembar .2n, 2DOZ, F3residarri Bush _ signed into laver 4IF i -a -1=arroris-in Risk lnsurancce Att -QT 2D02 : (fhia ►'Aaf"): • t ho.. Atrt astablishes a sho; E-tarrn -prnoram unitar which the :Federal GoveMmant will amara b. --rhe .payment of covered lasses musad. by cari iri -aow at intam.auonal tarrdTip t. We .are- rxroviding 'you wi-th this .notice is InTorm. Ypu of e e .ieatt�res o1 zhe. , :and to lit -yot� E}t�Q Fwl�af eme n T It -he .c� rlll'hBv6:on your prai miurn. `t:trrderthe Ate, protfide,cov✓rags TOT certai losses -caused ;.by intemational acts mf :tarrarESFn .as defirreed ih the ,pct' -ha ;Act - furth=r'provicles -that ate .Federal Goxrernrnent W11 pay. a �har=r.oi such fosses.:5pacj�dal€y, the Faderai_ Government will �pay.9olo Of COVarad fossas -caused b1v.certab actp= c� ►xnrism whibh is Ail Travalars, statutoritsf -astablisheci ededuct€ble i<or:ffiat-ysar.-1he.Acat asp camps !he arnount.�rLarrorism -clad losses -mfr which `th= FedarEoer°nmaht or a'n in$urec carp be asponz�ibia at $1 j000:00 C-1,:000,00, .provi-ded that the Insurer -ham Met-. its adi.rciibl . a,Pls :.sa:note -that passage -orl eAct. does .nof insult err -4 cdhan in zovamga •underm= attached .colic- or bond (or the. pplioy or ban being- :quoted.)_ Pfr--ase .aEso note that 'no' s.aparate additional: -_ ;prarriitrTA� charge -has .been. n:acte i.hrrarfsrn eolftag .r��rir=d b�f .the .Ac:. �.� h6 ;premium charge tfi, L is .allo0-*=-bie to -Such roveraga is insapanable Trorn and Jmbadd!d its your overa.lf pratnium, and is no mom than on -e-, p-- rce'l at cr; .your .Pry rmium IN WITNESS Wr:L-EREOF,TRR4VELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have -caused this instrument.to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of December 200. STATE -017 CONNECTICUT ) S S . Hartford COUNTY OF HARTFORD 0140%!Ll yr "TY ANp GASU,4 ._,�• tpti��, 5J 'rG ^�'_ 0 til mci ! pct FD t �i}b^ C1 •Y HARrroRD, 19 8 2 0 HARrr0M -� W . s § r CONN.• CONN. A a nmmve+fR�3 TRAVELERS CASUALTY AND SURETY COMPANY OF AIIIERIC . TRAVELERS CASUALTY AND SURETY COMPANY FARNITiYGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On -this 11th day of December, 2000 before me personally came GEORGE W. THOMPSON to me known, who,, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SUR.ET x' COMPANY OF ANIER:ICA, TRAVELERS CASUALTY AND SURETY COMPANY and TARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above nswiment; that .he/she knows the seals of said corporations; that the seals affixed to the said. instrument are such corporate seals; and that he/she executed -the said instrument onbehalfof .the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie. C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS •CASUALTY.AND SURETY COMPANY.and .FARMINGTONcCASUALTY COMPANY, stock corporations of . the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and 'Certificate- of Authority remains -in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in -the Certificate .of Authority, are now in force. Signed and Sealed at the.Home Offzce of the Company, in the City of Hartford, State of Connecticut. Dated this 3RD day of MAY , 20 04 SUA: MYW6W.5 Y A O G 3 c�1pNp t{. gJp�'1k rOAD, ¢ HAKMORD, "ray' CONN. CONN. _o C' * D ��+ y...���4��5 c•1 ' *aha }y * yt' Kori M. Johanson Assistant Secretary, Bond .ACORD CERTIFICAT" OF LIABILITY INSURAN' = OP ID K DATE(MM/DD/YYYY) MAGGI-1 1 05/04/04 PRODUCER THIS CERTIFICATE IS IaSUED 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 Phone:707-782-9200 Fax:707-782-9300 INSURED Maggiora & Ghilotti, Inc. At n: Matt Petray 555 Dubois Street San Rafael CA 94901 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Insurance INSURER B: National Union Fire Ins. of PA INSURER C: INSURER D: 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 AUU'L POLICY EFFECTIVE 'POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X] OCCUR X XCU Included X PD Ded. $10,000 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY FXJECT F—]LOC AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY B 7 OCCUR El CLAIMS MADE DEDUCTIBLE X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER DTEC07975A495TIL03 09/01/03 COMBINED SINGLE LIMIT $1,000,000 DT8107975A495TIL03 09/01/03 09/01/04 (Ea accident) �,AGG1oRA 8L GHVt_OTTI, INC. BE3206269 09/01/03 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE I$ 1,000,000 0.9/01/04 PREMISES (Ea occurence) I S 300,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG I$ 1,000,000 COMBINED SINGLE LIMIT $1,000,000 DT8107975A495TIL03 09/01/03 09/01/04 (Ea accident) �,AGG1oRA 8L GHVt_OTTI, INC. BE3206269 09/01/03 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder JOB: Eucalyptus Ln. Storm Drain & Sewer Replacement Project #11033 30XCGD247 CERTIFICATE HOLDER City of San Rafael, its agents officers & employees Public Works P.O. Box 151560 San Rafael, CA 94915 ACORD 25 (2001/08) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ CANCELLATION SANRAI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL WAWAiG4I-CMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1911111' 1*1+ IMPeIFIII neerneoMiy �fVE�c AU RIZED RESEE O/..._`� � v`tTA�ORD CORPORATION 1988 AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC I $ AUTO ONLY: AGG I $ EACH OCCURRENCE I$ 5,000,000 09/01/04 AGGREGATE I $ 5,000,000 �$ S $ IIHI TORYLIMITS I I ER E.L. EACH ACCIDENT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder JOB: Eucalyptus Ln. Storm Drain & Sewer Replacement Project #11033 30XCGD247 CERTIFICATE HOLDER City of San Rafael, its agents officers & employees Public Works P.O. Box 151560 San Rafael, CA 94915 ACORD 25 (2001/08) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ CANCELLATION SANRAI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL WAWAiG4I-CMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1911111' 1*1+ IMPeIFIII neerneoMiy �fVE�c AU RIZED RESEE O/..._`� � v`tTA�ORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of San Rafael, its agents, officers, and employees PRO.IECT/LOCATION OF COVERED OPERATIONS: Eucalyptus Ln. Storm Drain & Sewer Replacement Project #11033 M&G #4992 WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section Ill - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. S. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. 004439 Named Insured: Maggiora & Ghilotti, Inc. Policy Number: DTECr 75A495TIL03 surer's share is based on the ratio of its appli- cable 'imit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we will need for premium com- putation. and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete: b. Those statements are based upon repre- sentations you made to us: c. We have issued this policy in reliance upon your representations: and d. You represent that you do not know of any losses. claims. or "suits" pending against you that have not already been reported to us. 7. Separation of Insureds Except with respect to the Limits of Insurance. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured. this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer of Rights of Recovery Against Others To Us transfer those rights to us and help us enforce them. We will not enforce our right of recovery against any person or organization with whom you have waived your rights of subrogation in writing before the time of loss. However, our waiver applies only to the extent required of you by such written con- tract. 9. Motor Vehicle Laws a. When this Coverage Part is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the Coverage Part for "bodily injury" or "prop- erty damage" liability will comply with the pro- visions of the law to the extent of the coverages and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any li- ability, uninsured motorists. underinsured mo- torists, no-fault or other coverages required by any motor vehicle insurance law. We will pro- vide the required limits for those coverages. 10. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V — DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that vio- lates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or If the insured has rights to recover all or part of d. Infringement of copyright, title or slogan. any payment we have made under this Coverage 2. "Auto" means a land motor vehicle, trailer or Part, those rights are transferred to us. The in - semitrailer designed for travel on public roads, in- sured must do nothing after loss to impair them. cluding any attached machinery or equipment. At our request, the insured will bring "suit" or But "auto" does not include "mobile equipment". GN Co 01 01 98 Copyright, The Travelers Indemnity Company, 1998 Page 11 of 14 CE, . AOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-04-2004 GROUP: POLICY NUMBER: 1758056-2003 CERTIFICATE ID: 68 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF SAN RAFAEL P.O. BOX 151560 SAN RAFAEL CA 94915 JOB: EUCALYPTUS LN. STORM DRAIN & SEWER REPLACEMENT PROJECT 411033 & M&G #4992 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days 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 policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. �(A� AUTHORIZED REPRESENTATIVE A(�,�c.O'L PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER MAGGIORA & GHILOTTI, INC 555 DU BOIS ST SAN RAFAEL CA 94901 PNCI PRINTED: 05.04.2004 SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1