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Home My WebLink AboutPW Ghilotti Construction Cermenho Court ResurfacingCity of San Rafael. California Fonn of Agreement for Informal Bids Cermenho Court Resurfacing This Agreement is made and entered into this ~day of rv'\ ~I{"C V\ ,2018 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Co. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work. The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the project entitled "Cermenho Court Resurfacing," all in accordance with the requirements and provisions of the Construction Plans attached hereto as Attachment A. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Bonds. The Contractor shall provide and maintain during the course ofthe project, a Labor and Materials Bond issued by a surety admitted in California, to cover the work under this Agreement, in the amount of $34,080.50. 4. Time of Completion. (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within 5 Working Days, and with such reasonable extensions of time as may be requested by Contractor and approved by City. 5. 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 working 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. 6. 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 untis for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately 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, provided that the total compensation under this Contract shall not exceed $34,080.50 unless a written amendment is executed by the City and the Contractor. BID ITEMS ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY ITEM DESCRIPTION 1. Mobililization LS @ $2,566.78 $2,567.00 2. Gring and Overlay 90 TON @ $350.15 $31,315.50 GRAND TOTAL BID $34.080.50 Agreement· 1 7. 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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. ( c) 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 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. 8. 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, shall be paid to the Contractor by the City as soon as possible, (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. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: I. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease .. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: Agreement· 2 I. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shal1 be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0 I 04 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. [t shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and /or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (I) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c) Deductib[es and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits ofliability. Policies containing any self-insured retention (S[R) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the fol1owing: (I) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 10.lndemnifcation. (a) Contractor shall, to the fullest extent permitted by law, indemnifY, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City [ndemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLA[MS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's Agreement· 3 obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnifY and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: Ghilotti Construction Co. 246 Ghillotti Ave Santa Rosa, CA 95407 15. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 16. Entire Agreement; Amendments. (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. Agreement·4 (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. Waivers. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 18. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 19. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. Agreement· 5 '" • J ~ CITY OF SAN RAFAEL: ATTEST: Lindsay Lara Interim City Clerk APPROVED AS TO FORM: Ghilotti Construction Co. Ry: ~::~ Brian Ongara Vice President Ghilotti Construction Co. Ry: tKci ~4.-~Ef£ Robert F. Epstein I Printed Name: City Attorney Title: FileNo.:16.16.19 Agreement· 6 2/14/2018 San Rafael 2014 FIRM MAPS 2009 FIRM MAPS 1984 FIRM MAPS HAZARD LAYERS " BUILDINGS POI ~ EASEMENTS & LICENSE A " PARCELS PARKS/OS ZONING ", WATER FEATURES FIRE ZONESIDIST CONTOURS & ELEVATION: ~ AERIAL PHOTOS BW PHOTOS -1997 " 18'; ......... LAT 37999321 LON ·122549426 · No selection 1 4761905 58779.41625111) http ://g is . c ityofsa nrafael . org/sa n rafael/fus ion. ph p 111 ACOROfiD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYVYY) ~ 2/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~1~CT Cass Hamann Woodruff-Sawyer & Co. rllgNrfo Ext\: 415-391-2141 I FAX 50 California Street, Floor 12 CAlC Nol: 415-989-9923 San Francisco CA 94111 l~DA~~ss: chamann@wsandco .com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Executive Risk Indemnity, Inc. 35181 INSURED GH ILCON·01 INSURER B : Federal Insurance Company 20281 Ghilotti Construction Company, Inc. INSURER c : 246 Ghilotti Avenue Santa Rosa CA 95407 INSURER 0 : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER' 1278402698 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEE N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD 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 T HE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO AL L THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , -INSR I ~~~ci" I ~~ 1~~}-JgM~1 ! l~g}-Jg~VvI LTR TYPE OF INSURANCE POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 54303067 3/3112017 , 3/3112018 EACH OCCURRENCE S 2,000 ,000 i--DAM ~~E !U_ RENTED PREMISES rEa occurrencel $ 200 ,000 -o CLAIMS·MADE 0 OCCUR - ---MED EXP (Anyone person) $ 5,000 PERSONAL & ADV IN JU RY $ 2,000 ,000 r- R'L AGGREGATE LIMIT APPLIES PER-GENERAL AGGREGATE $ 4,000 ,000 o PRO · D POLICY JECT LOC PRODUCTS -COMP/OP AGG $ 4,000 ,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 54303066 3/31/2017 3/31/2018 PE~~~~~~~IFI NGLE LIMIT $1000000 i-- X ANY AUTO BODILY INJURY (Per person) $ r--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per acc ide nl) $ i---NON -OWNED rp~?~~~d~gAMAG E HIRED AUTOS AUTOS $ r---$ UMBRELLA L1AB EACH OCCURRENCE $ r--H OCCUR - EXCESS LIAB CLA IMS -MADE AGGREGATE $ OED 1 I RE TE NTION $ $ B WORKERS COMPENSATION Y 54303068 4/2/2017 4/2/2018 ' 1 PER I I OTH - AND EMPLOYERS' LIABILITY X STATUTE ER Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE D I N/A I E.L. EACH ACCIDENT $1 ,000 ,000 OFF ICER/MEMBER EXCLUDED? (Mandatory In NH) E L. DISEASE -EA EMPLOYEE $1 ,000 ,000 If yes , descr ibe under E.L. DISEASE -POLICY LIMIT $1 ,000 ,000 DESCRIPTION OF OPERAT IO NS be low I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule , may be attached If more space Is requ Ired) GCC job #1876 , CermenhD Court Resurfacing . City of San Rafael is included as Additional Insured per the attached form . Wa iver of Subrogation applies to per attached form . Contractual Liability is included in the policy form. Coverage is primary & non-contributory per the attached . Policies contain a 3D day notice of cancellation and a 10 day notice of cancellation for non-payment of premium . CERTIFICATE HOLDER City of San Rafael 111 Morphew Street San Rafael CA 94901 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD - Policy No. 54303066 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. -CANCELLATION -of the COMMON POLICY CONDITIONS form IL 0017 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 4-11) Page 1 of3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. -FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. -TRANSPORTATION EXPENSES -of SECTION 111-PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION 111-PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE -BROADENED COVERAGE Paragraph A.4. -COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph B.3.a. -EXCLUSIONS -of SECTION 111-PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT -BROADENED COVERAGE Paragraph C.2. -LIMIT OF INSURACE -of SECTION III -PHYSICAL DAMAGE is deleted and replaced with the following: 2. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. Fonn: 16-02-0292 (Rev. 4-11) Page 2 of3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. -DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.-DEDUCTIBLE -of SECTION 111- PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. -DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. -CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV -BUSINESS AUTO CONDITIONS -is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. -OTHER INSURANCE of SECTION IV -BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO -COVERAGE TERRITORY Paragraph B.7.b.(5).(a) -POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of -SECTION V -DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 4-11) .. . Page ~ ~f~, "Includes copyrighted material of Insurance Services Office, Inc. With Its permission Policy No 54303066 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "in- sured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- fective in your state. 4. No Benefit To Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this coverage form. 5. Other Insurance a. For any covered "auto" you own, this cov- erage form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es· timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the Unit- ed States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if: (a) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. CA 00010310 © Insurance Services Office, Inc., 2009 Page 9 of 12 o POLICY NUMBER : 54303067 COMMERCIAL GENERAL LIABILITY CG 20 100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Org anization(s ): Location(s ) Of Covered Op erations WHERE REQUIRED BY WRITTEN CONTRACT. Information re quired to com plete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person{s} or organization(s} shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{s} at the location(s} desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s} at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 o POLICY NUMBER : 54303067 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Org anization(s ): Location And Descri ption Of Comp leted O p erations WHERE REQUIRED BY WRITTEN CONTRACT •. BU If ONLY WHERE THE CONTRACT SPECIFIES COVERAGE FOR COMPLETED OPERATIONS. Information re quired to com plete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 o Policy No. 54303067 c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its appli- cable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable lim- it 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. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years after- wards. c. The first Named Insured must keep records of the information we need for premium computa- tion, 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 representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 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 in- surance 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 Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would oth- erwise have had against another person or organ- ization, for loss to which this insurance applies, provided the insured has waived their rights of re- covery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Cover- age Part have not been waived, those rights are transferred to us. The insured must do nothing af- ter loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C. 9. 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 sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail ad- dress, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodi- ly injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, com- pound or other material or "waste". 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; Page 12 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 6-09) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY we 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) 4/2/17 This endorsement, effective on (DATE) Policy No. 54303068 issued to Ghilotti Construction Co. Endorsement No. of the at 12:01 A. M. standard time, forms a part of (NAME OF INSURANCE COMPANY) \)~~- Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium . Schedule Person or Organization Job Description Where required by written contract we 99 03 04 (Ed. 7-08) POLICY NUMBER: 54303067 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ~'Lib~rtx ~ Mutual.. SURETY CONTRACT BOND -CALIFORNIA FAITHFUL PERFORMANCE - PUBLIC WORK Executed in Triplicate Bond #070011149 Initial premium charged for this bond is $184.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That Ghilotti Construction Company, Inc. ~~=-------------~~~---------------------------------------of 246 Ghilotti Avenue, Santa Rosa, CA 95407 as Principal, and the Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in the State of California, as ~~~~~~~-=--------- Surety, are held and firmly bound unto City of San Rafael --~-------------------------------------------------------------- in the sum of Thirty-four Thousand Eighty-zero Dollars And Fifty-zero Cents Dollars ($34,080.50 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bounden Principal has entered into a Contract, dated February 28 , 2018 , with the City of San Rafael --~----------------------------------------- to do and perform the following work, to-wit: Cermenho Court Resurfacing NOW, THEREFORE, if the above-bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full.force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this __ 2_8_th _____ day of ___ F_e_b_ru_a __ ry"--___ , _20 __ 18 ____ __ GhiloUi Construction Company, Inc. Principal Brian Ongara Vice President BYJank,~ Liberty MUluallnSUra@(ny Attorney-in-Fact LMS-1081510/99 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California I County of Pacer On February 28, 2018 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared _J_a_n_a_B_,_P_il_g_a_rd ___________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregOing paragraph is true and correct. WITNESS my hand and official seal. • "N ..... r't.Y ............. y .................... v. ................ ~ :: ' : -.'. ' KATHY RANGEL ~ ~ ."'" COMM. # 2179600 ;f;: (.) .. NOTARY PUBLIC • CALIFORNIA ~ lil .\ PLACER COUNTY ~ :; . Comm Expires FEB. 11. 2021 ~ :: ................................................................................. . Signature ~ e,,=,,~ (Seal) ~Libertx \P Mutucil. SURETY C ONTRACT BOND -CALIFORNIA PAYMENT BOND Executed in Triplicate Bond #070011149 KNOW ALL BY THESE PRESENTS, That we, Ghilotti Construction Company, Inc. ------------------~~------------------------------------ and the Liberty Mutual Insurance Company , a corporatio n organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto C ity of San Rafael , as Obligee, ~~----~~~~~~----~~~-=~--~~~~~~-----------------------------------in the sum of Thirty-four Thousand Eighty Dollars And Fifty Cents Dollars ( $34,080.50 ), ~~------------~----------------~--~--~-------------------------for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, fimlly by these presents . THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bounden Principal has entered into a contract, dated 28th day of February , 2018 , with the Obligee to do and perform the following work, to-wit: Cermenho Court Resurfacing NOW, THEREFORE, if the above-bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 9100 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the amount specified in this bond , and also, in case suit is brought upon th is bond, a reasonable attorney's fee , to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 9100 of the Civil Code ofthe State of California, so as to g ive a right of action to them or their assigns in any suit brought upon this bond . Signed, sealed and dated this day of February , 2018 --------------------------~----------------------------------28th No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. LMS ·1081610/99 Ghilotti Construction Company, Inc. Principal Bria n Onaaro Vice Pres ident By ----~~~---------=~--------------Jana Attorney-in-Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California I County of Pacer On February 28, 2018 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared _J_a_n_a_B_"_P_il_g_a_rd ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :: .......... 'V. ........... " ........ " •• V\ ................................... .,. ..... ..,. ... -.,. :: .. : .... ,. KATHY RANGEL ~ l; '" COMM # 2179600 Cl < NOTARY PUBLIC. CALIFORNIA ~ ~ ! II. PLACER COUNTY ~ :: • ,"".,..~. Corrm Expims FEB 11 2021 ~ ........................................ ~ .•••••........••••......•• ~ ............... ~ (Seal) THIS (DOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No . 7831681 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS : That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire , that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corpora ti on duly organ ized under tile laws of the State of Ind iana (herein collectively called the "Companies"). pursuant to and by authority herein set forth, does hereby name, cons ti tute and appoint , Dona Lisa Buschmann; Edward D. Johnson; J. Buschmann; Jana B. Pilgard; Julie A. Shiroma; Karina Palmer; Kathy Rangel; Robert D. Laux; Stephen D. Bender all of the cily of Sacramento , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, re,cognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Compan ies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, th is Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto th is 10th dayof July ,~. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company wes~~merican Insurance Company By: ~.!~~/V=/=· _7'-'-'./"7f-.._~::...,," ______ _ David M. Carey-:Assistant Secretary On this ~ day of July , 2017, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such , being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Menon Twp., Monlgomery Counly My Commission Expires Marc h 28.2021 Member. Pcnnsylvilfl l<J ASSll Cl(lllon 01 Notaries By:~#J ~ Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of AIIorney. Any officer or other official of the Corporation aulhorized for thai purpose in writing by the Chairman or the President, and subject to such limitalion as the Chairman or the Presidenl may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporalion to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed . I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of wh ich the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28 t h day of February ,W BY}?=-~'- Renee C Lie\'! ssistant Secretary 18 284 of 350 ~~i~ertx ~ Mutual.. SURETY CONTRACT BOND -CALIFORNIA FAITHFUL PERFORMANCE - PUBLIC WORK Executed in Triplicate Bond #070011149 Initial premium charged for this bond is $184.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That ..".G-=h-:-ilo~tt::-i _C_o_n_st_ru_c_ti_o_n_C_o_m ...... p_a_n"""y,..;;._nc_. ________________ _ of 246 Ghilotti Avenue, Santa Rosa, CA 95407 as Principal, and the Liberty Mutual Insurance Company , a corporation organized and existing under the laws ofthe State of Massachusetts and authorized to transact surety business in the State of California, as ~~~~~~------------- Surety, are held and fmnly bound unto _C_ity~o_f_S_a_n_R_a_fa_e_I ________________________ _ in the sum of Thirty-four Thousand Eighty-zero Dollars And Fifty-zero Cents Dollars ($34,080.50 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bounden Principal has entered into a Contract, dated February 28 ,2018, with the ..;;.C..;,.;ity,,-,-o_f S..:....:.;.an""-'-R..;;.a-"fa-"e:....;.I ______________ _ to do and perform the following work, to-wit: Cermenho Court Resurfacing NOW, THEREFORE, if the above-bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full.force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 28th day of __ -"F-=e'-b..;,.;ru:;.:a'-ryi-___ , _20_1_8 __ _ GhiioUi Construction Company, Inc. Principal Brian Ong ara Vice Presid ent By __ -+~~~~~~~ __ --------- Attorney-in-Fact Jan LMS-1081510/99 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California I County of Pacer On February 28, 2018 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared _J_a_n_a_B_,_P_il_g_a_rd ___________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. : ................... ,.,.. ............................................................... :- ~ . KATHY RANGEL ~ ;:. COMM. # 2179800 15 NOTARY PUBLIC. CALIFORNIA ~ ~ PLACER COUNTY ~ ~ ." Comm Expires FEB. 11,2021 ': ...................................................................................... Signature t<~ ~ (Seal) ~Libertx \:P Mutuat SURETY CONTRACT BOND -CALIFORNIA PAYMENT BOND Executed in Triplicate Bond #070011149 KNOW ALL BY THESE PRESENTS, That we, Ghifotti Construction Company, Inc . ------------------~~~---------------------------------- and the Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in the State of California, as Surety , are held and firmly bound unto City of San Rafael , as Obligee, ~~----~~~~~~----~~~-=~--~~~~~~-----------------------------------in the sum of Thirty-four Thousand Eighty Dollars And Fifty Cents Dollars ( $34,080 .50 ), ~~------------~----------------~----~~----------------------~ for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and ass igns, jointly and severally, finnly by these presents . THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH , That WHEREAS, the above-bounden Principal has entered into a contract, dated 28th day of February , 2018 , with the Obligee to do and perform the following work , to-wit: Cermenho Court Resurfacing NOW, THEREFORE, if the above-bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 9100 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 9100 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 2 8th day of Fe bruary , 2018 ----------~----------------------------------- No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. LMS-1081610/99 Ghilotti Construction Company, Inc. Principal Brian Ongara Vice President Attorney-in-Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document. State of California I County of Pacer ) On February 28, 2018 before me, Kathy Rangel, Notary Public (insert name and title of the officer) pe~onallyappeared~J_a_n_a_B_._P_il_g_a_rd~~~~~~~~~~~~~~~~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ...... ...,... ............................................................ Yrl\l\. .... :- :. ''-. KATHY RANGEL .; ;:, ........ '" COMM. # 2179800 ~ g' NOTARY PUBLIC. CALIFORNIA ~ ::: PLACER COUNTY ~ :: • ,:~ Comm Expires FEB. 11, 2021 ~ :: .................................................................................. . Signature _.J.........:~:::...s.~~~~~boII--¥-~-(Seal) ~rH i S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7831683 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN AL L PERSONS BY THESE PRESENTS : That The Ohio Casualty Insura nc e Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutua l Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Ind iana (herein collective ly called the "Compan ies"), pursua nt to and by authority herein set forth, does hereby name, constitute and appoint, Dona Lisa Buschmann; Edward D. Johnson; J. Buschmann; Jana B. Pilgard; Julie A. Shiroma; Karina Palmer; Kathy Rangel; Robert D. Laux; Stephen D. Bender all of the city of Sacramento , state of CA each individually if there be more than one named. its true and lawful attorney-in-fact to make, execute, seal. acknowledge and del iver, for and on its behalf as surety and as its act and deed , any and all undertak in gs , bon ds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Compan ies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an author ized officer or offi cia l of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of July , ~. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West J\merican Insurance Company By: ---=;/!2,-,V=.=· --,-,-:(-:;/.._~",-, ______ _ David M. Carey;Assistant Secretary On this ~ day of July , 2017. before me personally appeared Dav id M. Carey, who ackno wledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes there in contained by signing on behalf of the corporations by himse lf as a du ly authorized officer. IN WITNESS WHEREOF, I have hereunto subs cribed my name and affixed my notarial seal at King of Prussia, Pe nnsylvania , on the day and year first above written . COMMONWEALTH OF PENNSY LVANIA Notarial Seal Teresa Pnstelia, Notary Publi c: Upper Merio n Twp .. Monlgomery County My Commiss ion Expires March 28.2021 M urnbcr, Pcrll1 sylviJnta As~:illClatlon of NutilrlcS By;fiMuJ ~ Teresa Pastelia, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the follow ing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFtCERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII-Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president , and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute. seal . acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned , Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West Americ2'l1 Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companie!;, is in ~JII force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28 t h day of February 20 18 ~//1 " By; __ ~~~~--~f~~ ~~~ ______________ __ • Renee C. UeW~ssistant Secretary 286 of 350 .1 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shawn Graf Extension: 5347 Contractor Name: Ghilotti Construction Co. (Cermenho Court Resurfacing) Contractor's Contact: Riley Genazzi Contact's Email: riley@ghilottLcom D FPPC: Check if Contractor/Consultant must file Form 700 Step 1 2 3 4 5 6 7 8 9 RESPONSIBLE DEPARTMENT Project Manager City Attorney Project Manager Project Manager PRINT Project Manager City Attorney City Attorney City Manager / Mayor City Clerk DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE N/A 2/15/2018 2/23/2018 2/23/2018 Click here to enter a date. ~ N/A Or Click here to enter a date. 3/6/2018 REVIEWER Check/Initial ~ LG ~ LG D SG ~