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HomeMy WebLinkAboutCC Resolution 9937 (Emergency Ingress & Egress)RESOLUTION NO. 9 9 3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR EMERGENCY PUBLIC INGRESS AND EGRESS ACROSS APN 15-061-13 (LANSTEIN) BETWEEN SIENNA WAY AND GLEN PARK AVENUE. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, in 1989, the City of San Rafael and Roderick P Martinelli entered into a license agreement allowing the City ingress and egress across his property; and WHEREAS, Mr. Martinelli's property has been sold to Mr. and Mrs. Ronald Lanstein and lies between Glen Park Avenue and Sienna Way (APN 15-061-13) and; WHEREAS, the Lansteins are willing to enter into a license agreement to continue ingress and egress across their property to provide a second exit from the Mountain View Avenue area to be used during emergencies or if Mountain View Avenue should ever be blocked. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that said license agreement be approved and executed by the Mayor and City Clerk of the City of San Rafael. 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 20"' day of October, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE jk M. AK0h&IClerk THIS AGREEMENT is made this 2n -t --h day of nc-T -1997, by and between RONALD J AND SONDRA M LANSTEIN (hereinafter "Licensor") and the CITY OF SAN RAFAEL, Marin County, California (hereinafter "Licensee"). WHEREAS, Licensor is the owner of that certain parcel of real property known as Marin County Assessor's Parcel No. 15-061-13, located in the City of San Rafael, county of Marin, State of California, more particularly described in Exhibits A and B attached hereto and by this reference incorporated herein; and WHEREAS, Licensee desires to obtain permission to perform certain acts upon Licensor's property, NOW, THEREFORE, it is agreed as follows: 1. Licensor hereby grants to Licensee a license of emergency access, for ingress and egress across Licensor's property described in Exhibits A and B. 2. Licensee may install a gate across said property on Sienna Way, which gate shall remain locked at all times, other than those times when Licensee is using such property for emergency access. 3. This license is personal to Licensee, and is non -assignable. 4. This license may be terminated by either party, by giving ninety (90) days written notice to the other party. Upon such termination, the gate described in Paragraph 2 above shall be permanently secured, so as to preclude future access across Licensor's property. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. RONALD �ANSTEIN -J01� az 771 417,n,&b,417 SONDRA M LANSTEIN THE CITY O SAN RAFAEL�% By/ - � /—ayor Attest: City Clerk App City Attorney"",/ C UV`+ EXHIBIT A deg l nn i ng at the mast Norther I g corner of ik9 at Pert a n. parte l # f land conuayed by ADEM. I A 0. 9158;' E t.o JORDAN L. hFIR T I HELL I , at ux, by deed retarded Naue ber 26, MG, In i l ber 407 of Official Re cards, at P age." f"61 , ' h ar i n Ca unt y Decor ds . Running thence from said point ' i f bei Inning along �he northwest er l g line of as i d parcel South J5 04' West II i o 1;18.98 feet and South 62 20 West. 74.31% feet to the most �lesterig 'carner:'of said parcel: the9ce'lecuing said �crthweaterly Ina and runn Ing North 27 s0' Hest So feet, .:� thence North 62� -?0' East 74.36 feet, tNnce Borth 45, 04' est t t x.98 feet; thence South 27° 010' �vst 50 feet to the O�olnt of beginninU. It F�4 iWq - Yitla �swwtrr� EXHIBIT B City of San Rafael • California Form of Contract Agreement for PARK STREET DRAINAGE IMPROVEMENTS This Agreement is made and entered into this 20 day of October, 1997 by and between the City of San Rafael (hereinafter called City) and Ghilotti Brothers Construction (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: PARK STREET DRAINAGE IMPROVEMENTS, 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 fifteen (15) 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 $500.00 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. 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. NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1. ( Sample Form of Schedule) @ _ AGREEMENT 9 1 CITY OF SAN RAFAEL, CALIFORNTI.- FORM OF CONTRACT AGREEMENT FOR PARK STREET DRAINAGE IMPROVE11=S IV — The Contract Stun NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PR]CE I. 30" Ribbed PVC JM Series 46 480 L.F. @ /Q�.0?5� = 51 %Q 2. 24" Ribbed PVC JM Series 46 810 L.F. @ 3. 18" PVC SDR 35 170 L.F. @ 4. 12" PVC SDR 35 87 L.F. @ S79 5. Sanitary Lateral Relocation 100 L.F. @ 1 SG = 16- 6. Controlled Density Fill 60 CY @ 619 7. Catch Basin Type `C' 2 Each @ / �3 S = D %Q 8. Type "B" Manhole 5 Each @ GRAND TOTAL BID S 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 fords 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 terms and conditions governing final payment, except that it shall not constitute a waiver of claims. AGREEMENT • 2 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY JOFSN RAFAEL: nne M. Leoncini (Af1beri�Boro i City Clerk Mayor APP V RM: CONTRACTOR: GHILOTTI BROTHERS CONSTRUCTION, II ry T. $-a9&danti EVA R. GHILOITI, PRESIDENT/CEO City Attorney for MICHAEL M. GHILOTI'I, EXECUTIVE VICE—PRESIDEN` OPERATIONS & CORPORATE SECRETARY AGREEMENT • 3 y CITY OF SAN RAFAEL 1•;rt� i 'v i.... BUSINESS LICENSE POST IN A CONSPICUOUS PLACE 525 JAC03Y ST INESS SAN RAFAEL CA 94901 ATION GHILOTTI BRCS CONST. INC IER'SNAME EVA GHiLO T TI. FRES NESS NAME : GHTLO T TI BROTHERS CONSTRUCTION 'INC 525 JACOBY ST 1NGADORESS SAN RAFAEL CA 94901 NON -TRANSFERABLE BUSINESS 0- 4870 UCENSE NO. : 02 /T6 / 9 DATE ISSUED 12/311/97 EXPIRATION DATE : 644,916 STATE LICENSE NO. I BOARD OF EOUAUZATION NO. b 1 1 BUSINESS CUSS C O N i R A C 1 R CITY TREASURER f1l) :3!^ •e-9!^' .•iv. '�.'_.i#n:C `i7h:�.:ih�:: '�f.IX:'.••.. r{•.•.;.�... .:r.:. ... �, •.a!(. _^.0.:n. _ .. .. ^T r::...,... .'I -'::Ci': :. �: �`iu�81r�:; 'E. .gr,; y :r(;• , ::Y+`�, a ._ .:y: � ra,. ; � .�::'.�. Vic:: __; dw h .... � r x,• ?§�s" :hip i' i � >�r-'. _ :::1' .:.e;.l xb': L.,R it ,i�" w•' .. ... .t _ U - -, ... •- .. :.. ` - ._ :. -mss--: _ ..- . .. •• .. '. .. � .. _ ^. ..-.. • .. .. ._. ... "- ��s j O 3 1� t m lm r J n � � G ti u ^Z n N I tz -' n � J n t m lm Q State of Ccilfamla CODRLM r CONTRACTORS STATE LICENSE BOARD Aff'a' ACTIVE LICENSE b'f'+Slb CORP ._ GH1LE771 BROTHERS CONSTRUCTION INC - A C-8 C12 C21 C42 �. 03/31/98 CONTRACTOR'S BOND TRAVELERS CASUALT ND SURETY COMPANY OF AMERICA FOR FAITHFUL PERFORMAiv,;E Ha, d, Connecticut 06183 BONDS EXECUTED IN DUPLICATE BOND NO. 005SB101141044BCM PREMIUM: $973.00 KNOW ALL MEN BY THESE PRESENTS: That we, GHILOTTI BROTHERS CONSTRUCTION, INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL 1400 FIFTH AVENUE SAN RAFAEL, CA. 94915-1560 as Obligee, in the full and just sum of ONE HUNDRED SIXTY FOUR THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS AND 50/100THS ------------------------------------------------------------ Dollars, ($ 164,885.50 ), 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 29th day of OCTOBER , 19 97 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 for PARK STREET DRAINAGE IMPROVEMENTS PROJECT NO. 042-4210-443-8000 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. GHILOIJ,; BROTHERS CONSTRUCTION, INC. BY : ) EVA R. GHILOTTI, PRESIDENT/CEO TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By r�aL-7 IVB V kELLY HOLTEMANN Attorney -in -Fact S-2359-1 (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of MARIN On :�ej 2q, ICI'] I before me, PATRICIA A. ROE, NOTARY PUBLIC, personally appeared EVA R. GHILOTTI XX personally known to me - OR - r"� PATRICIA A. ROE D 0^ COMM. .#112389 LL NOTARY PUBLIC•CALIFORNIA Q MARIN COUNTY 0 My Comm. Expires Jen. 20, 2001 J - - - - - - - - - - - I proved to me on the basis of satisfactory evidence to be the personjR) whose name(gi is/ subscribed to the within instrument and acknowledged to me that kg/she/kkay executed the same in x / h e r /xtck2>d= authorized capacity (iia ) , and that by hix/her/kkaix signature (s4 on the instrument the person(B$ or the entity upon behalf of which the person*a� acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY ----------------------------------OPTIONAL----------------------------------- Though the data below is not, required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT _ INDIVIDUAL XX CORPORATE TITLE OR TYPE OF DOCUMENT X�RESIDENT/CEO TITLES) PARTNER(S) _ LIMITED GENERAL _ ATTORNEY-IN-FACT _ TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) ENTITY(IES) GHILOTTI BROTHERS CONSTRUCTION, INC. A/F NUMBER OF PAGES � -' c DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKIVOWLEDGEMENTT State of CALIFORNIA County of S O N O M A On 10-29-97 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBUC ------------------------------------------ personally appeared KELLY HOLTEMANN NAVE(S) OF SIGNER(9) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose namely is/am subscribed to the within instrument and acknowledged to me that IZ/she/Y>h;v3c executed the same in his&erhauthorized capaci.t(iy, and that by /her/bheixc OFFICIAL SEAL - 1056415 signature(v) on the instrument the person or the entity upon behalf of which the BONNIE K. FRYMIRE NOTARY PUBLIC - CALIF. personal acted, executed the instrument. �r (.ii n'/ COUNTY OF SONOMA p ,.. My Comm. Exp Apt 28. 1999 WIT IVI, my hand and official seal SIGNATURE OF NOTARY',,"/ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTMES)Y TRAVELF,RS CASUALTY AND OF AMERICA SURETY COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES OCTOBER 29th, 1997 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE PAYMENT BOND - PUBLIC WORK SECTIONS 3247 - 3252, CIVIL C E (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ford, Connecticut 06183 BONDS EXECUTED IN DUPLICATE Bond No. 005SB101141044BCM Premium $ INCLUDED IN THE PERFORMANCE BOND THAT WHEREAS, The State of California, acting by and through the CITY OF SAN RAFAEL has awarded to GHILOTTI BROTHERS CONSTRUCTION, INC. as Contractor, a contract for the work described as follows: PARK STREET DRAINAGE IMPROVEMENTS PROJECT NO. 042-4210-443-8000 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 Califorrn�ia in the amount required by law, the sum of ONE HUNDRED SIXTY FOUR THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS AND 50/100THS-- ($ 164,885.50 ) 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 1S 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 Califomia 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 29th day of OCTOBER 19 97 S -2061 -B(07-97) GHILOT ROTHERS CONSTRUCTION, INC. BY 1 l EVA R. GHILOTTI PRFSTDFNT/CF(1 Contractor TRAVELERS CASUALTY AND "SURETY COMPANY OF AMERICA By KE LY HOLTEMANN Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of MARIN On "_)F- personally r personally appeared before me, PATRICIA A. ROE, NOTARY PUBLIC, EVA R. GHILOTTI XX personally known to me - OR - proved to me on the basis of satisfactory evidence to be the personik) whose name(gi is/zx)p, subscribed to the within instrument and acknowledged to me that k R/she/tk ay executed the same in Hca/her/xtxkv>d= authorized capacity (ia a ) , and that by haat/her/kk aix signature (:s4 on the instrument the person(s4 or the entity upon behalf of which the personas acted, executed the instrument. WITNESS my hand and off icil seal. SIGNATURE OF NOTARY ----------------------------------OPTIONAL---------------------------------- Though the data below is not, required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL xx CORPORATE XX�RESIDENT/CEO TITLES) PARTNER(S) _ LIMITED GENERAL _ ATTORNEY-IN-FACT TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) ENTITY(IES) GHILOTTI BROTHERS CONSTRUCTION, INC. DESCRIPTION OF ATTACHED DOCUMENT lu J � TILE OR TYPE OF DOCUMENT ►lr r C NUMBER OF PAGES DATE OF DOCUMENT SIGNER (S ) OTHER THAN NAMED ABOVE PATRICIA.A.,ROE D r COMM. X112369 d�a NOTARYPUBLIC-CALIFORNIAMA O NCOUNTY Q •. 1 „ , My Comm. Expires Jan. 20, 2001 proved to me on the basis of satisfactory evidence to be the personik) whose name(gi is/zx)p, subscribed to the within instrument and acknowledged to me that k R/she/tk ay executed the same in Hca/her/xtxkv>d= authorized capacity (ia a ) , and that by haat/her/kk aix signature (:s4 on the instrument the person(s4 or the entity upon behalf of which the personas acted, executed the instrument. WITNESS my hand and off icil seal. SIGNATURE OF NOTARY ----------------------------------OPTIONAL---------------------------------- Though the data below is not, required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL xx CORPORATE XX�RESIDENT/CEO TITLES) PARTNER(S) _ LIMITED GENERAL _ ATTORNEY-IN-FACT TRUSTEE(S) _ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) ENTITY(IES) GHILOTTI BROTHERS CONSTRUCTION, INC. DESCRIPTION OF ATTACHED DOCUMENT lu J � TILE OR TYPE OF DOCUMENT ►lr r C NUMBER OF PAGES DATE OF DOCUMENT SIGNER (S ) OTHER THAN NAMED ABOVE CALLFORMA ALL-PURPOSE ACKIVOWLEDGEII= State of CALIFORNIA County of S O N O M A On 10-29-97 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER • E.G., JANE DOE, NOTARY PUBUC personally appeared KELLY HOLTEMANN ---------------------------------------- NA1AE(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose name( is/mw subscribed to the within instrument and acknowledged to me that Wshe/ oar( executed the same in hWher/Aheir authorized capacit(y, and that by /her/bac signature(p) on the instrument the person OFFICIAL SEAL - 1056415 or the entity upon behalf of which the BONNIE K. FRYMIRE NOTARY PUBLIC - CALIF. person" acted, executed the instrument Z_ �i .ti� COUNTY OF SONOMA My Comm. Exp. Apr. 28, 1999 " 5 WITNESS my hand and official seaL SIGNATURE OF NOTARY -OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE nnx(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(9) OR ENTME5)Y TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND (LABOR AND MATERIALS BOND) TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES OCTOBER 29th, 1997 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE CERTIFICV-E OF INSURANCE 04032 ISSUE DATE (MM/DD/YY) n 10/29/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 3oltemann, Ord & Smith POLICIES BELOW. P. 0. Box 4409 COMPANIES AFFORDING COVERAGE Petaluma CA 94955-4409 INSURED Jhilotti Brothers :onstruction, Inc. 525 Jacoby Street San Rafael, CA 94901 COVERAGES COMPANY A Fireman's Fund Insurance LETTER COMPANY B California Comp Ins Co LETTER COMPANY C Steadfast Ins Co (TriCity) LETTER COMPANY D LETTER COMPANY E LETTER :O POLICYEFFECTIVE POLICYEXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS .TR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY S C 0 8 3 8 51910 2 10/01/97 10/01/98 GENERAL AGGREGATE $ 2,000,00 X OMMERCIAL GENERAL LIABILITY (PRODUCTS—COMP/OP AGG. S 1,000,00 LAIMS MADE FXOCCUR. IPERSONAL & ADV. INJURY S X OWNER'S & CONTRACTOR'S PROT. IEACH OCCURRENCE S 11000,001 X Per Pro i AQQ IFIRE DAMAGE (Any one fire) S A/ I Contr Read MED.EXP. (Any one person) S AUTOMOBILE LIABILITY MXA 8 017 3 5 5 3 10/01/97 10/01/98 COMBINED SINGLE X ANY AUTO LIMIT S 11000,000 ALL OWNED AUTOS BODILY INJURY ((Per SCHEDULED AUTOS person) IS X HIRED AUTOS BODILY INJURY I(Per X NON—OWNED AUTOS accident S GARAGE LIABILITY PROPERTY DAMAGE S EXCESS UABILITY JEACH OCCURRENCE IS UMBRELLA FORM AGGREGATE I$ OTHER THAN UMBRELLA FORM jI 3 W 9 7 A 12 6 2 5 6 10/01/97 10/01/981 I STATUTORY LIMITS I WORKER'S COMPENSATION EACH ACCIDENT Is AND IDISEASE—POUCY LIMIT IS 1,000 00 1,000:00 EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE IS 1,000,00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Job #97438 -TP, Park Street Drainage Improvements, Project #042-4210-443-8000 additional Insured Endorsement (GL) Attached. :ancellation: Except for ten day notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL gi MXX City of San Rafael MAIL 3D— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Dept. of Public Works LEFT, XKX% ZK#A, P.O. Box 151560 XxXX�f X�4iIF3fX44X�� San Rafael CA 94915-1560 ' AUTH (ZED REPRESENTATIVE I ACORD 254 (1/90) tACORD CORPORATION 1990 Non -Premium Endorsement Issued by 0 Steadfast Insurance Company Date Prepared 10/29/97 Policy No. Named Insured SCO 8385191-02 Ghilotti Brothers Construction, Inc. Producer Producer No. - OPC Glendale Specialty Risks Insurance Services, Inc. 75449 Inception (Month -Day -Year) Poficy Period: 10-1-87 Eviration (Month -Day Year) Effective Date of Endorsement 10-1.98 1011197 It is agreed that this policy is hereby amended as Indicated. All other terms and condrtlons of this policy remain unchanged. ADDITIONAL INSURED ENDORSEMENT It is agreed that the Persons Insured (Section II), is amended to include the entities named below as addtional insured under this policy, but only as respects liability arising out of work performed by or for the named insured on behalf of the addtional insured. It is further agreed that naming the below individual(s) as an insured does not serve to increase the Company's Limits of Liability as specified in the Declarations of this policy. Name of Additional Insured: All entities and/or persons for whom the named insured, under written contract, has agreed to provide coverage as additional insured. Additional Insured: IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL, its officers, agents and -employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, PARK ST. DRAINAGE IMPROVEMENTS between the City of San Rafael and Ghilotte Brothers, Inc., 525 Jacoby Street, San Rafael, CA 94901 for the work and the improvements described therein. All other terms and conditions remain unchanged. Steadfast Insurance Company STF2230OF (ST)11181 STF032B Non -Premium Endorsement Date Prepared 10/29/97 Issued by © Steadfast Insurance Company Porky No. Named Insured SCO 8385191-02 Ghilotti Brothers Construction Company, Inc. Producer Producer No. - OPC Glendale Specialty Risks Insurance Services, Inc. 75409 Inception (Month -Day Year) Explration (Month -Day -Year) Effective Date of Endorsement Policy Period: 10-1-87 1x1.68 1Qr1197 It is agreed that this policy is hereby amended as Indicated. All other terms and conditions of this policy remain unchanged. PRIMARY / NON-CONTRIBUTORY INSURANCE ENDORSEMENT In consideration of the payment of the premium, it is hereby understood and agreed that Section 5, Other Insurance of Provision IV, Conditions, is deleted in its entirety and replaced by the following: Other Insurance: When both this insurance and other insurance apply to a loss on the same basis, whether the other insurance is stated as primary, excess or contingent, the company shall not liable under this policy for a greater proportion of the loss than that stated m the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such share until the share of each insurer equals the lowest applicable limit of liability under any one policy of the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amoutn of the loss is paid (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. Notwithstanding the foregoing, the company agrees that such insurance as is afforded by this policy for the benefit of certificate holders included as persons insured shall be primary and non-contributing insurance, but only as respects a claim, loss or liability arising out of insured operations or work on behalf of the named insured performed under a written contract between the named insured and certificate holder that requires the named insured to maintain such primary and non-contributory insurance and to include the certificate holder as a person insured thereunder. Additional Insured: IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, PARK ST. DRAINAGE IMPROVEMENTS between the City of San Rafael and Ghilotte Brothers, Inc., 525 Jacoby Street, San Rafael, CA 94901 for the work and the improvements described therein. All other terms and conditions remain unchanged STF223ODF (ST) 1181 Steadfast Insurance Company