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HomeMy WebLinkAboutPW SRTS Happy Lane Pedestrian Improvement ProjectAgenda Item No: 14 Meeting Date: June 7, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared b � Manager Approval: Public Works Director (LB) File No.: 18.10.13 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAFE ROUTES TO SCHOOL (SRTS) HAPPY LANE PEDESTRIAN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11121, FEDERAL PROJECT NO. SRTSL- 5043(028), TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $123,000.00 RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Brothers, Inc. in the amount of $123,000.00. BACKGROUND: On April 21, 2008 the City Council adopted Resolution number 12475, and authorized the Director of Public Works to enter into an agreement with Alta Planning + Design to design the Happy Lane Pedestrian Improvements Project. On March 5, 2010, Caltrans approved and issued the required documents allowing the City to proceed with bidding and construction of the project. On May 3, 2010 the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal code and policies on May 7, 2010 and bids were publicly opened on June 2, 2010 at 2:00 PM and read aloud. The engineer's estimate was $271,684.00. The following five bids were received: NAME OF BIDDER AMOUNT Ghilotti Brothers, Inc. $123,000.00 Team Ghilotti $141,645.50 FBD Vanguard Construction $145,563.85 North Bay Construction $153,153.00 CF Contracting $185,256.00 On July 6`h, 2009, City Council adopted the 2009/2010 Capital Improvement Program allocating $363,179 for this project. FOR CITY CLERK ONLY File No.: 1/-1—�f Council Meetings b (.20 /-C Disposition: PesoLL7iO0L) 0 /�g�3 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: The bid from Ghilotti Brothers, Inc. was $123,000.00 and falls within the allocated project budget. FISCAL IMPACT: To date, a total of $47,401.96 has been charged to this project for the design, public outreach and reproduction of the plans and specifications. The remaining project costs include construction work to be performed by Ghilotti Brothers, Inc. and a 15% construction contingency, resulting in a remaining project cost of $147,684.13 and a total project cost of $195,086.09. The following table summarizes the costs which are associated with this project: Category -Eden Expense Code Amount Note(s) Already Charged Expenses $195,086.09 Costs are 100% reimbursable from the grant Total Available Funds $47,401.96 Includes design, public outreach and plan reproduction Remaining Expenses Design -01 $2,684.13 Remainder of Consultant Design Contract Construction -02 $123,000.00 Contract Amount 22,000.00 Contingency (approximately 15% Remaining Expenses SubTotal $147,684.13 Total Project Cost 1 195,086.09 We therefore request that the Council approve a total project cost of $195,086.09 from the following funding sources: Source Amount Note(s) Federal Safe Routes to School (SRTS) Grant $195,086.09 Costs are 100% reimbursable from the grant Total Available Funds $195,086.09 The bid amount falls within the already approved project budget of $363,179. Project expenditures for design and construction are 100% reimbursable from the Safe Routes to School grant. OPTIONS: The Council can choose not to award the contract and direct Staff to rebid the project. ACTION REQUIRED: Adopt Resolution awarding contract to Ghilotti Brothers, Inc. in the amount of $123,000.00. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 12973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAFE ROUTES TO SCHOOL (SRTS) HAPPY LANE PEDESTRIAN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11121, FEDERAL PROJECT NO. SRTSL-5043(028), TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $123,000.00. WHEREAS, on the 2A day of June, 2010, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Safe Routes to School (SRTS) Happy Lane Pedestrian Improvements Project" Project No. 11121 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the work designed on the Safe Routes to School (SRTS) Happy Lane Pedestrian Improvement Project Contract Documents is eligible to be funded utilizing Safe Routes to School (SRTS) funds; and WHEREAS, the bid of Ghilotti Brothers, Inc., at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Ghilotti Brothers, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Ghilotti Brothers, Inc at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the City Manager and the City Clerk of said City be authorized and directed to execute a contract with Ghilotti Brothers, Inc, in a form approved by the City Attorney, for said work and to return the bidders bond upon the execution of said contract. RESOLVED, FURTHER, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7"' day of June, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None cx .9124 ESTHER C. BEIRNE, City Clerk File No.: 18.10.13 City of San Rafael ♦ California Foran of Contract Agreement for Safe Routes to School (SRTS) Happy Lane Pedestrian Improvements Proiect City Proeect No. 11121 Federal -Aid Proeict No. SRTSL-5043(028) This Agreement is made and entered into this 7"' day of June, 2010 by and between the City of San Rafael (hereinafter called City) and Ghilotti Brothers, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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: Safe Routes to School (SRTS) Happy Lane Pedestrian Improvemnets Project, City Project No. 11121, Federal -Aid Project No. SRTSL-5043(028), 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. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within SEVEN (7) CALENDAR DAYS after the date of written notice by the City to the Contractor to proceed. (b) "Notice to Proceed" will signify the beginning of the 2 -week lead period to obtain materials. However, no field work shall commence until delivery of the materials. (c) All work shall be completed within 35 CALENDAR DAYS, and after the 2 -week lead period for acquisition of materials, and with such extensions of time as are provided for in the General Conditions. (d) This project is anticipated to commence on June 21, 2010, and the project completed by August 9, 2010. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of calendar 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. 1V - The Contract Sum The City shall pay to the Contractor for the perforniance 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 Page 1 for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM UNIT ITEM NO. ITEM QTY UNIT PRICE TOTAL 1 Mobilization (3% max of total bid amount) 1 LS $3,680.00 $3,680.00 2 Traffic Control 1 LS $10,130.50 $10,130.50 3 Asphalt Concrete 1,465 SF $12.00 $17,580.00 4 Type A Curb and Gutter 615 LF $34.00 $20,910.00 5 Concrete Sidewalk 3,850 SF $7.50 $28,875.00 6 Driveway Approach 325 SF $11.50 $3,737.50 7 ADA Compliant Curb Ramp 6 EA $1,800.00 $10,800.00 8 ADA Compliant Curb Ramp Retrofit 5 EA $330.00 $1,650.00 9 Miscellaneous Concrete Flatwork (Pathways/Stair Landings) 125 SF $16.00 $2,000.00 10 Remove Pavement Markings 607 SF $2.00 $1,214.00 11 Install Pavement Markings 482 SF $3.50 $1,687.00 12 Paint Curb Red 120 LF $1.00 $120.00 13 Install Sign and Post 6 EA $325.00 $1,950.00 14 Remove Sign and Post 2 EA $75.00 $150.00 15 Catch Basins (Type A) 2 EA $3,300.00 $6,600.00 16 Channel Drains 54 LF $204.00 $11,016.00 17 Adjust Facilities to Grade 6 EA $150.00 $900.00 Grand Total $123,000.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Page 2 Government Code. Such securities, if deposited by the Contracor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: �.� . 4ei Z&t4 Esther C. Beirne Ken rdhoff City Clerk City Ma ger APPROVED AS TO FORM: CONTRACTOR: __ ...... ........ Robert F. Epstein for GHM®TTI BR®S. City Attorney 9� Page 3 �� CERTIFICATE OF LIABILITY INSURANCE OP ID SP DATE(MM/DDNYYY) GHILO-1 1 06/09/10 PRODUCER Don Ramatici Insurance, Inc. P.O. Box 551 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 POLICIES BELOW. POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Petaluma CA 94953 Phone: 707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Natl Fire Ina. Co. of Hartford 20478 INSURERS Transportation Ins. Co. 20494 LIMITS INSURER C' Continental Casualty Company 20443 INSURER D. Zurich American Insurance co. 16535 Ghilotti Bros., Inc. 525 Jacoby .Street San Rafael CA 94901 - INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSRJ TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYYYY DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,0001000 A I X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/09 10/01/10 PREMISES Eaoccurencs) $100,000 CLAIMS MADE [*]OCCUR MED EXP (Any one person) S 5,000 PERSONAL& ADV INJURY s2,000,000 X_Brd Form PD $10,000 PD OED - PER OCC GENERAL AGGREGATE $ 4, 000y000 Cntrc"., CU Incl. X t1/XCU I IrroEP. coNrnnclnns INCL. PRODUCTS - COMPIOP AGG s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. Em 1 Liab 1,000,000 PR LOC POLICY X AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X ANYAUTO BUA2087746336 10/01/09 10/01/10 (Ea accident) f ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ X Dad. $1000 APD (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 10 000 000 AGGREGATE $10,000,000 C X OCCUR �CLAIMSMADE CUP2098041315 10/01/09 10/01/10 S _w S DEDUCTIBLE $ RX RETENTION 000 _310, WORKERS COMPENSATION X TORY LIMITS ER D AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVF Y/N WC427761403 10/01/09 10/01/10 EL EACH ACCIDENT $ 1,000,000 ' E L DISEASE - EA EMPLOYEES 1 , 000 , 000 OFFICERIMEMBER EXCLUDED? j1 (Mandatory In NH) E.L DISEASE -POLICY LIMIT 1 $ 1,000,000 It yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. JOB: (SATS) Happy Lane Pedestrian Improvement Project #11121/GBI #10414 *Ten day notice would be sent on non payment. **officers, agents & employees 30*XG140331A99(LF)/SPECIAL r-COYMeATo uni n=o CANCELLATION City of San Rafael & County of Marin, its** SEE ADDENDUM ATTACHED P.O. Box 151560 San Rafael, CA 94915 Ar+non ee mnnnim% SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC SANRAF4 I DATE THEREOF, THE ISSUING INSURER WILL ENBEWORi9 MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD p� //�� ` HOLDERCODE SANRAk4, GHILO-1. PAGE ,2 1\QT Pf1D■ iNSURED'SNAME Ghilotti B os. °j Inc r �,' 0P,10 SP DATE 06/6�110 "It is hereby understood and agreed that the City of San Rafael and County of Marin, its officers, agents and employees, are additional insureds hereunder by 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, Safe Routes to School(SRTS) Happy Lane Pedestrian Improvements Project, Project No. 11121 between the City of San Rafael and Ghilotti Bros., Inc for the work and the improvements described therein." CNA For All Commitments You Make' Named Insured: Ghilotti Bros., Inc. G -140331-A99 (Ed. 10/1) Policy No. GL2098131032 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required by written contract/agreement per Paragraph A. below. Designated Proiect: As per the written contract/agreement, provided the location is within the "coverage territory" of this Coverage Part. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person,or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the Written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injuryarising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: Page 1 of 2 G -140331-A99 G -140331-A99 (Ed. 10/ 1) a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G -140331-A99 Page 2 of 2 (Ed. 10/01) CNA Commercial Umbrella Renewal Declaration �a , . a ... ..a ..:... ..... ,..:a nau...w • bue . ",.e ..r.....a,. ... �....::.t>Jk A$..,:::rik..C�va„Ln£vJf.. f.,.n ...� POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO UP2098041315 CONTINENTAL CASUALTY COMPANY 10/01/09 10/01/10 333 S. WABASH CHICAGO, IL. 60604 �""».itYa:f��?':rh�' �:s?3.���at'Si.�i.°iios�:�;3:•v^:.•�.��S��a�J�°Af��zb��:��S�a�'^.�k�'ii} This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations, with the attached Coverage Forms, and Endorsements if any. The Policy Forms and Endorsement Schedule shows all foims applicable to this policy at the time of policy issuance. PREMIUM INSURED NAME AND ADDRESS GHILOTTI BROS, INC. Premium Basis 525 Jacoby Street Rate SAN RAFAEL, CA 94901 AGENCY NUMBER AGENCY NAME AND ADDRESS 070990 DON RAMATICI INS INC Flat arge 731 A SOUTHPOINT BLV P.O. BOX 551 PETALUMA, CA 94954 .Phone Number: (707)782-9200 BRANCH NUMBER BRANCH NAME AND ADDRESS 250 SAN FRANCISCO P.O BOX 7430 405 HOWARD STREET SUITE 600 SAN FRANCISCO, CA 94120 . Phone Number: (415)932-7400 �""».itYa:f��?':rh�' �:s?3.���at'Si.�i.°iios�:�;3:•v^:.•�.��S��a�J�°Af��zb��:��S�a�'^.�k�'ii} This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations, with the attached Coverage Forms, and Endorsements if any. The Policy Forms and Endorsement Schedule shows all foims applicable to this policy at the time of policy issuance. PREMIUM Minimum Premium: $0 Annual Total Advance Premium: o Audit Period is Not Auditable AGENT Page 1 of 3 0 Estimated Estimated Premium Basis Exposure Rate Advance Premium Flat arge Minimum Premium: $0 Annual Total Advance Premium: o Audit Period is Not Auditable AGENT Page 1 of 3 0 POLICY" NUMBER L NAME AM ADURtSP L 2098041.315 LOT''TI BROS , INC, Jacoby Street SAKI R.AFAEL CA 94901 S f � % 4 � �^' � F�,1 i ��r *@h ✓,'A"^a F-� dsrt+� N 3. �� b 5^ : 5 i / �' S� D .++:'. T'k RW {i' :Ypu t M; S �' 0, - POLICY POLICY LIMITS OF CNSURANC'B Each Incident: $10,000,000 Aggregate: $1.0.000,,000' Retained Limit: $10,00'0' Underlying Insurer Policy Number Underlying Limit3 of Policy Period Insurance Coverages Insurance General Each Occurrence Limit $2,000,000 Liability General Aggregate Limit $4,000,000 2098131032 Doesn't apply per location Applies per project Eff: 10/01/09 to 10/01/10 Products/Completed Operations $4,000,000 Aggregate Limit Personal and Advertising $2,000,000 Injury Liability Limit Automobile Combined Bodily Injury and Liability Property Damage Liability: Each Accident Limit $1,000,000 2087746336 ------------or------------ ---------- Bodily Injury Liability: Eff: 10/01/09 to 10/01/10 Each Person Limit Each Accident Limit $ $ Property Damage Liability: Each Accident Limit $ Employers Bodily Injury By Accident - Zurich American Insurance Liability Each Accident Limit $1,000,000 Company of Illinois WC427761403 Bodily Injury By Disease: Each Employee Limit $1,000,000 Policy Limit $1,000,000 Eff: 10/01/09 to 10/01/10 AGENT Page 2 of 3 POLICY NMMkR jD" Wkii Ij 2096041315 ILOTTI BROS, INC - t,25 Jacoby street SAN RAFAEL, CA 94901 Form Numb r ?arm Title, G5601587 11/199;1 NAMED INSURED G13313613 07/2005 Bridge Endorsement r-15057CV 06/2005 Commercial 'Umbrella Plus Coverage Part G16375E V 01/2004 Contractor Limitation Endorsement G16543AV ✓ 01/1991 Prof Services Errors and Ovissions Exclusion G16132B XL0017 017/2005 Employee Benefits, Liability Limitation Endorsement 11/1998 Common Policy Conditions IL0270 09/2007 California changes - Cancellation and Nonrenewal *#'* PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY *** Form Number Form Title G138888A tL-V0412000 Commercial Umbrella Plus Policyholder Notice G144233F V 01/2008 Notice - Offer of Terrorism Disclosure of Premium "Le-� . q '. .Ln of the Boara Countersignature P-'.alary P -43770-B (Ed. 10/89) AGENT Page 3 of 3 CNA Named Insured: Ghilotti Bros., Inc. G-1 5057-C Policy Number: CUP2098041315 (Ed. 06/05) COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read termination of this policy period; and (b) no the entire policy carefully to determine rights, duties and 'authorized insured' first knows of this 'bodily what is and is not covered. injury' or 'property damage' unfit after the termination of this policy period, then such Throughout this policy the words 'you' and your' refer to first knowledge will be deemed to be during the Named Insured identified under SECTION II — WHO IS this policy period. AN INSURED of this policy. The word 'insured' means any person or organization qualifying as such under SECTION II — WHO IS AN INSURED. The words 'we,' 'us' and 'our' refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFINIMONS. SECTION I — COVERAGES OInsuring Agreement We will pay on behalf of the insured those sums in excess of 'scheduled underlying Insurance,' 'unscheduled underlying insurance' or the 'retained limit' that the Insured becomes legally obligated to pay as 'ultimate net loss' because of 'bodily injury; 'property damage' or 'personal and advertising injury' to which this insurance applies. a. This insurance applies to 'bodily injury' and 'property damage' only If: (1) The 'bodily injury' or 'property damage' is caused by an 'incident' anywhere In the world; (2) The 'bodily injury' or 'property damage' occurs during the policy period; and (3) With respect to 'bodily injury' or 'property damage' that continues, changes or resumes so as to occur during more than one policy period, both of the following conditions are met: (n Prior to the policy period, no 'authorized Insured' knew that the 'bodily injury' or 'property damage' had occurred, in whole or In part; and (rH) During the policy period, an 'authorized insured' first knew that the 'bodily Injury' or 'property damage' had occurred, in whole or in part. For purposes of this Paragraph (1) a.(3) only, if (a) 'bodily injury' or 'property damage' that occurs during this policy period does not continue, change or resume after the G -15057-C (Ed. 06/05) b. 'Bodily injury' or 'property damage' which occurs during the policy period and was not, prior to the policy period, known to have occurred by any 'authorized insured' includes any continuation, change or resumption of that 'bodily injury' or 'property damage' after the and of the policy period. c. 'Bodily injury' or 'property damage' will be deemed to have been known to have occurred at the earliest time when any 'authorized insured': (1) Reports all, or any part, of the 'bodily injury' or 'property damage' to us or any other insurer; (2) Receives a written or verbal demand, claim or 'suit' for damages because of the 'bodily injury' or 'property damage'; or (3) Becomes aware by any other means that 'bodily injury' or 'properly damage' has occurred or has begun to occur. d. This insutance applies to 'personal and advertising injury' caused by an 'Incident' committed anywhere In the world during the policy period. If we are prevented by law, statute or otherwise from paying on behalf of the insured, then we will Indemnify the insured for those sums that the insured is legally obligated to pay as 'ultimate net loss' because of 'bodily injury,' 'property damage' or 'personal and advertising injury' to which this Insurance applies. 2. Exclusions This Insurance does not apply to: a. Expected or Intended Injury 'Bodily injury' or 'property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' resulting from the use of reasonable force to protect persons or property. This exclusion does not apply to Employers Liability claims for 'bodily injury' covered by 'scheduled underlying Insurance.' b. Contractual Liability 'Bodily injury,' 'property damage' or 'personal and advertising injury' for which the insured is obligated to pay damages by reason of the Page 1 of 17 (2) 'Personal and advertising injury' or 'property damage' arising in whole or in part out of the actual, alleged or threatened presence of 'silica.' w. Named Insured vs. Named Insured Any liability arising out of claims or 'suits' by a named insured against another named insured. x. Employment Related Practices Any liability arising out of: (1) A refusal to employ; (2) Termination of employment; (3) Demotion, evaluation, reassignment, discipline; (4) Coercion, defamation, discrimination, harassment or humiliation; or any other employment related practices, policies, acts or omissions. y. Terrorism Limitation 'Bodily Injury' or 'property damage' arising out of any act of terrorism, unless, and then only to the extent that coverage is provided by 'scheduled underlying Insurance.' z liquor Liability Limitation 'Bodily injury' or 'property damage' for which an Insured may be held liable by reason of: (1) Causing or contributing to the Intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or G -15057-C (Ed. 06/05) To the extent that this Insurance applies to an 'automobile' or 'mobile equipment' it is further subject to the pollution exclusion, exclusion I. of this policy. Use includes operation or 'loading or unloading.' bb. Do Not Call Any liability arising directly or indirectly out of any action or omission that violates or Is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN -SPAM Act of 2003, Including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or the CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or Information. SECTION II —WHO IS AN INSURED 1. Named Insured means any individual or organization stated in the Declarations of this policy and If you are designated in the Declarations of this policy as: a. An Individual, you and your spouse, but only with respect to the conduct of a business of which you Ore the sole owner. If you are designated In the Declarations of this policy as an Individual, this policy shall not apply to liability arising out of your domestic or non- business activities. This does not appy to the ownership, maintenance, use or 'loading or unloading' of any 'automobile,' or to the Personal Umbrella Liability Coverage Part. (3) Any statute, ordinance or regulation relating to b. A partnership or joint venture, you and your the sale, gift, distribution or use of alcoholic members, your partners, and their spouses, but beverages; only with respect to the conduct of your business. unless, and then only to the extent that coverage No person or organization is an Insured with is provided by 'scheduled underlying Insurance.' respect to the conduct of any current or past aa. Auto and Mobile Equipment Umltatlon partnership or joint venture that is not shown as a Any liability arising out of the: Named Insured In the Declarations. (1) Ownership; venture, An organization other than a partnership or joint venture, you and your executive officers and (2) Maintenance; directors, but only with respect to their duties as your officers or directors. Your stockholders are (3) Use; or also named Insureds, but only with respect to their (4) Entrustment to others liability as stockholders. of an 'automobile' or 'mobile equipment' owned d. A limited liability company, you and your or operated by or rented or loaned to an Insured members, but only with respect to the conduct of unless, and then only to the extent that coverage your business. Your managers are also named Is provided by 'scheduled underlying Insurance.' Insureds but only with respect to their duties as your managers. G-1 5057-C (Ed. 06/05) Page 6 of 17 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. e. A corporation or organization, other than partnerships, joint ventures or limited liability companies, that you form, acquire or gain control of during the policy period, but only with respect to 'bodily injury,' property damage' or *personal and advertising injury' taking place after you form, acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and: a. Your 'volunteer workers' only while performing duties related to the conduct of your business, or your employees, other than your executive officers and directors (if you are an organization other than a partnership, joint venture or limited liability company) or your members (if you are a limited liability company ) but only for acts within the scope of their employment by you or while performing duties related to the conduct or your business. However, none of these employees or 'volunteer workers' Is an insured for. (1) 'Bodily Injury' or 'personal and advertising injury': (a) To you; to your partners or members (if you are a partnership or joint venture) to your members (If you are a limited liability company) or to a co -employee while in the course of his or her employment or performing duties related to the conduct of your business, or to your other 'volunteer workers' while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -employee or 'volunteer worker' as a consequence of Paragraph (1xa) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described in Paragraphs (1xa) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) 'Property damage' to property. (a) Owned, occupied or used by; (b) Rented to, In the care, custody or control or, or over which physical control is being exercised for any purpose by G-1 5057-C (Ed. 06/05) G-1 5057-C (Ed. 06/05) You, any of your employees, 'volunteer workers' any partner or member (if you are a partnership or joint venture) or any member (if you are a limited liability company). b. A person or organization 'for whom you are required, by virtue of a written contract entered Into prior to the 'bodily Injury,' 'property damage' or 'personal and advertising injury' occurring or being committed, to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use, but only to the extent of the limits of insurance required by such contract, not to exceed the limits of insurance in this policy. Oc. Any other persons or organizations included as an insured under the provisions of the 'scheduled underlying Insurance' shown in the Declarations of this policy and then only for the same coverage, except for limits of insurance, afforded under such 'scheduled underlying insurance.' However, If a blanket additional insured endorsement is attached to the general liability 'scheduled underlying Insurance' pursuant to a written or oral contract or agreement between you and another person or organization (called additional insured), this Insurance Is excess over such Insurance provided to the additional Insured subject to the following conditions: (1) If the limits specified in the written contract or agreement are less than the limits provided by the 'scheduled underlying insurance,' then no coverage is provided to the additional insured under this policy. (2) If the limits specified In the written contract or agreement are greater than the limits provided by the 'scheduled underlying insurance,' then this Insurance is excess over the Insurance provided by the 'scheduled underlying Insurance.' The limits of Insurance for the additional Insured are the lesser of: (Q The limits specified in the written contract; or (ln The limits of the 'scheduled underlying Insurance' plus the limits of this policy. SECTION 111— UMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or 'suits' brought; c. Persons or organizations making claims or bringing 'sub.* Page 7 of 17 Named Insured: Ghilotti Bros., Inc. Policy Number: CUP2098041315. COMMON POLICY CONDITIONS All Coverage Parts Included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation If we cancel for nonpayment of premium; or 30 days before the effective date of �1 cancellation If we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insureds last mailing address known to us. 4. Notice of cancellation will state the effective data of cancellation. The policy period will and on that date. S. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. S. It notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes n This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown In the Declarations Is authorized to make changes In the terms of this policy with our consent This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your iBooks And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes Insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E PremlUms The first Named Insured shown In the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Dulles Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative Is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 ■ Page 1 of 1 Named Insured: Ghilotti Bros., Inc. Policy Number: BUA2087746336 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation it we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy Is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the .first Named Insured cancels, the refund may be less than pro rate. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to Insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condltlon apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance Inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. B. Changes E. Premiums This policy contains all the agreements between you and us concerning the Insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except In the case of death of an Individual named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative Is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 A CALIFORNIA CANCELATION ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/09 Policy No. WC427761403 Endorsement No. Insured GHILOTTI BROS., INC. Premium S Insurance Company ZURICH AMERICAN INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the information page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the inves-tigation of a claim; K14 g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recom-mendations of our designated loss control representatives; 4• WC 535 (12-93) WC 04 06 01 A 1. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your busi-ness or operations that materially increases the hazard for frequency or severity of loss; L The occurrence of any change in your business or operation that requires additional or different crassification for premium calcu-lation; 1. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. If we cancel your policy for any of the reasons listed in (a) through (f) we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in items (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. The policy period will end on the day and hour stated in the cancelation notice. Page 1 of 1 CITY OF SAN RAFAEL MAYOR Albert J. Boro Department of COUNCIL MEMBERS Greg Brockbank Public Works 10 Damon Connolly Barbara Heller Marc Leuine INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City, carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $1,000,000 per person and $5,000,000 for one occurrence. Property Damage: Not less than $1,000,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City and County, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, 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, Safe Routes to School (SRTS) Happy Lane Pedestrian Improvements Project, Project No. 11121 between the City of San Rafael and Ghilotti Brothers, Inc. for the work and the improvements described therein." The contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS 111 Morphew Street SAN RAFAEL, CA 94901 „/ro® CERTIFIC/ 'E OF LIABILITY INSURA: �E op ID SP DATE (MM/DD/YYYY) GHILO-1 06/09/10 PRODUCER RECEIVED Cil Y C1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION E LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don P.Box 55i Insurance, Inc. CITY OF Q P.O. Box 551 AMEND, EXTEND OR TER THE COVERAGE AFFORDED BY. THIS CERTIFICATE DOES TTHE POLICIES BELOW. 14fiRERS AFFORDING COVERAGE NAIC # Petaluma CA 94953 LLrtrt gg�� p4 Phone: 707-782-9200 Fax: 707-78210BOJQN 10 01 IQ INSURED INSURER A: Natl Fire Ins. Co. of Hartford 20478 INSURER Transportation Ins. Co. 20494 LIMITS INSURER continental Casualty Company 20443 Ghilotti Bros-, Inc. 525 Jacoby Street San Rafael CA 94901 INSURER D. Zurich American Insurance Co. 16535 INSURER E t� ate-”' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATECMM/DD/YYYY DATE MM/DOLICY EXP'D! LIMITS A ZED NTATIVE San Rafael, CA 94915 GENERAL LIABILITY t� ate-”' EACH OCCURRENCE $ 2,000,000 INIII PREMISES (E. $ 100,000 A X X COMMERCIAL GENERALLIABILUTY GL2098131032 10/01/09 10/01/10 MED EXP (Any one person) $ 5,000 CLAIMS MADE [ X.I OCCUR PERSONAL& ADV INJURY $ 2,000,000 X Brd Form PD $10,000 PD DED - PER OCC GENERAL AGGREGATE s4,000,000 X Cntrctl/XCU Incl. INDEP. CONTRACTORS INCL. PRODUCTS - COMP/OPAGG $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER Em 1 Liab 1,000,000 POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO BUA2087746336 10/01/09 10/01/10 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON•OWNED AUTOS (Per accident) PROPERTY DAMAGE $ X Ded. $1000 APD � (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 C X I OCCUR .I CLAIMSMADE CUP2098041315 10/01/09 10/01/10 $ $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION X TORY LIMITS ER D AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVr WC427761403 10/01/09 10/O1/10 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) E L DISEASE - EA EMPLOYEE $1,000,000 E L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. JOB: (SRTS) Happy Lane Pedestrian Improvement Project #11121/GBI #10414 *Ten day notice would be sent on non payment. **officers, agents & employees 30*XG140331A99(LF)/SPECIAL CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reservea. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SANRAF4 DATE THEREOF, THE ISSUING INSURER WILL EHBEAYBR i9 MAIL 30* DAYS WRITTEN City of San Rafael NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L & County of Marin, its** SEE ADDENDUM ATTACHED M. P.O. Box 151560 A ZED NTATIVE San Rafael, CA 94915 t� ate-”' ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reservea. The ACORD name and logo are registered marks of ACORD HOLDER CODE1 IN OT E PAD . NSURED S NAME Ghilotti Bros., Inc. GHILO-1 PAGE 2 OP ID SP DATE 06/09/10 "It is hereby understood and agreed that the City of San Rafael and County of Marin, its officers, agents and employees, are additional insureds hereunder by 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, Safe Routes to School(SRTS) Happy Lane Pedestrian Improvements Project, Project No. 11121 between the City of San Rafael and Ghilotti Bros., Inc for the work and the improvements described therein." Kr CNA For All Commitments You Make* Named Insured: Ghilotti Bros., Inc. G -140331-A99 (Ed. 10/1) Policy No. GL2098131032 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required by written contract/agreement per Paragraph A. below. Designated Proiect: As per the written contract/agreement, provided the location is within the "coverage territory" of this Coverage Part. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the Written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: (:_140111-A99 Page 1 of 2_ G -140331-A99 (Ed. 10/1) a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G -140331-A99 Page 2 of 2 (Ed. 10/01) CNA Commercial umbrella Renewal Declaration POLICY SER COVERAGE PROVIDED BY FROM UP'2098041315 CONTINENTAL CASUALTY COMPANY FROM - POLICY OLICY PERIOD - TO 10�01�10 333 S. WABASH CHICAGO, IL. 60604 ...,.: :✓Y. S,Y.............aNravt,/.,sr ..dvb,/i,:" cc ) .., . , , ...:,,r�;.;,.:;:�r:..r.:<:riJ ,i„<:. r�r:.:s;<i .�.�,...,..i t.r::.c.,.,:.a::»',•.:,,n,rv.:u .::.: t•:GC S`Ra•!ii%iY,: a': N. ` Y A i '.a This policy becomes effective and expires at 12:01 A.M. standard time at your mailingF address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations, with the attached Coverage Forms, and Endorsements if any. The Policy Forms and Endorsement Schedule shows all foims applicable to this policy at the time of policy issuance. PREMIUM a Premium Basis Flat arge E== Minimum Premium: $0 Audit Period is Not Auditable Annual Estimated Estimat Exposure Rate Advance Premium Total Advance Premium: AGENT Page 1 of 3 INSURED NAME AND ADDRESS GHILOTTI BROS, INC. 525 Jacoby Street SAN RAFAEL, CA 94901 AGENCY NUMBER AGENCY NAME AND ADDRESS 070990 DON RAMATICI INS INC 731 A SOUTHPOINT BLV P.O. BOX 551 PETALUMA, CA 94954 ,Phone Number: (707)782-9200 BRANCH NUMBER BRANCH NAME AND ADDRESS 250 SAN FRANCISCO P.O BOX 7430 405 HOWARD STREET SUITE 600 SAN FRANCISCO, CA 94120 . Phone Number: (415)932-7400 ...,.: :✓Y. S,Y.............aNravt,/.,sr ..dvb,/i,:" cc ) .., . , , ...:,,r�;.;,.:;:�r:..r.:<:riJ ,i„<:. r�r:.:s;<i .�.�,...,..i t.r::.c.,.,:.a::»',•.:,,n,rv.:u .::.: t•:GC S`Ra•!ii%iY,: a': N. ` Y A i '.a This policy becomes effective and expires at 12:01 A.M. standard time at your mailingF address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations, with the attached Coverage Forms, and Endorsements if any. The Policy Forms and Endorsement Schedule shows all foims applicable to this policy at the time of policy issuance. PREMIUM a Premium Basis Flat arge E== Minimum Premium: $0 Audit Period is Not Auditable Annual Estimated Estimat Exposure Rate Advance Premium Total Advance Premium: AGENT Page 1 of 3 POLICY LIMITS OF INSURANCE Each Incident: $10,000,000 Aggregate: $10,000,000 RETAINED LIMIT Retained Limit: $10,000 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance General Each Occurrence Limit $2,000,000 Liability General Aggregate Limit $4,000,000 Doesn't apply per location 2098131032 Applies per project Eff: 10/01/09 to 10/01/10 Products /completed Operations $4,000,000 Aggregate Limit Personal and Advertising $2,000,000 Injury Liability Limit Automobile Combined Bodily Injury and Liability Property Damage Liability: Each Accident Limit $1,000,000 2087746336 ------------or------------ Bodily Injury Liability: ---------- Eff: 10/01/09 to 10/01/10 Each Person Limit Each Accident Limit $ $ Property Damage Liability: Each Accident Limit $ Employers Bodily Injury By Accident: Zurich American Insurance Liability Each Accident Limit $1,000,000 Company of Illinois WC427761403 Bodily Injury By Disease: Each Employee Limit $1,000,000 Policy Limit $1,000,000 Eff: 10/01/09 to 10/01/10 AGENT Page 2 of 3 O 48 RED NAME AND AIDRESj­ L �: 5 <.... ,...... ILOTTI BROS x INC. 025 Jacoby Street SAN RAFAEL, CA 94901 *** PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY *** Form Number Form Title G138888At,,1/04/2000 Commercial Umbrella Plus Policyholder Notice G144233F ✓ 01/2008 Notice - Offer of Terrorism Disclosure of Premium 1 �n� Chairman of the Board Countersignature b-S—.elsry P -43770-B (Ed. 10/89) AGENT Page 3 of. 3 FORMS AND ENDORSEMENTS SCHEDULE Form Numb r Form Title G56015B 11/1991 NAMED INSURED G133136B ✓ , 07/2005 Bridge Endorsement G15057C✓ 06/2005 Commercial Umbrella Plus Coverage Part G16375E✓ 01/2004 Contractor Limitation Endorsement G16543A✓ ✓ 01/1991 Prof Services Errors and Omissions Exclusion G18132B 07/2005 Employee Benefits Liability Limitation Endorsement IL0017✓ 11/1998 Common Policy Conditions IL0270 ✓ 09/2007 California Changes - Cancellation and Nonrenewal *** PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY *** Form Number Form Title G138888At,,1/04/2000 Commercial Umbrella Plus Policyholder Notice G144233F ✓ 01/2008 Notice - Offer of Terrorism Disclosure of Premium 1 �n� Chairman of the Board Countersignature b-S—.elsry P -43770-B (Ed. 10/89) AGENT Page 3 of. 3 CNA Named Insured: Ghilotti Bros., Inc. 0-1 5057-C Policy Number: CUP2098041315 (Ed. 06/05) COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read termination of this policy period; and (b) no the entire policy carefully to determine rights, duties and 'authorized insured' first knows of this 'bodily what is and is not covered. injury' or 'property damage' until after the Throughout this policy the words termination of this policy period, then such 9 p cy 'you' and 'your' refer to first knowledge will be deemed to be during the Named Insured identified under SECTION II — WHO IS this policy period. AN INSURED of this policy. The word 'insured' means any person or organization qualifying as such under SECTION II — WHO IS AN INSURED. The words 'we,' 'us' and 'our' refer to the Company providing this Insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFINMONS. SECTION I — COVERAGES OInsuring Agreement We will pay on behalf of the insured those sums in excess of 'scheduled underlying Insurance,' 'unscheduled underlying insurance' or the 'retained limit' that the insured becomes legally obligated to pay as 'ultimate net loss' because of 'bodily injury,' 'property damage' or 'personal and advertising injury' to which this insurance applies. a. This Insurance applies to 'bodily injury' and 'property damage' only if: (1) The 'bodily injury' or 'property damage' is caused by an 'incident' anywhere in the world; (2) The 'bodily injury' or 'property damage' occurs during the policy period; and (3) With respect to 'bodily Injury' or 'property damage' that continues, changes or resumes so as to occur during more than one policy period, both of the following conditions are met: (f) Prior to the policy period, no 'authorized Insured' knew that the 'bodily injury' or 'property damage' had occurred, in whole or In part; and (if) During the policy period, an 'authorized insured' first knew that the 'bodily Injury' or 'property damage' had occurred, in whole or in part. For purposes of this Paragraph (1) a.(3) only, if (a) 'bodily injury' or 'property damage' that occurs during this policy period does not continue, change or resume after the G-1 5057-C (Ed. 06/05) b. 'Bodily injury' or 'property damage' which occurs during the policy period and was not, prior to the policy period, known to have occurred by any 'authorized insured' includes any continuation, change or resumption of that 'bodily injury' or 'property damage' after the end of the policy period. c. 'Bodily injury' or 'property damage' will be deemed to have been known to have occurred at the earliest time when any 'authorized insured': (1) Reports all, or any part, of the 'bodily injury' or 'property damage' to us or any other insurer; (2) Receives a written or verbal demand, claim or 'suit' for damages because of the 'bodily injury' or 'property damage'; or (3) Becomes aware by any other means that 'bodily injury' or 'property damage' has occurred or has begun to occur.' d. This insurance applies to 'personal and advertising injury' caused by an 'incident' committed anywhere in the world during the policy period. If we are prevented by law, statute or otherwise from paying on behalf of the insured, then we will Indemnify the insured for those sums that the insured is legally obligated to pay as 'ultimate net loss' because of 'bodily injury,' 'property damage' or 'personal and advertising injury' to which this Insurance applies. 2. Exclusions This Insurance does not apply to: a. Expected or Intended Injury 'Bodily injury' or 'property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' resulting from the use of reasonable force to protect persons or property. This exclusion does not apply to Employers Liability claims for 'bodily injury' covered by 'scheduled underlying Insurance.' b. Contractual Liability 'Bodily injury,' 'property damage' or 'personal and advertising injury' for which the insured is obligated to pay damages by reason of the Page 1 of 17 (2) 'Personal and advertising injury' or 'property damage' arising in whole or in part out of the actual, alleged or threatened presence of 'silica.' w. Named Insured vs. Named Insured Any liability arising out of claims or 'suits' by a named insured against another named insured. x. Employment Related Practices Any liability arising out of: (1) A refusal to employ; (2) Termination of employment; (3) Demotion, evaluation, reassignment, discipline; (4) Coercion, defamation, discrimination, harassment or humiliation; or any other employment related practices, policies, acts or omissions. Y. Terrorism Limitation 'Bodily injury' or 'property damage' arising out of any act of terrorism, unless, and then only to the extent that coverage is provided by 'scheduled underlying Insurance.' z Liquor Liability Limittlon 'Bodily injury' or 'property damage' for which an Insured may be held liable by reason of: (1) Causing or contributing to the Intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages; a unless, and than only to the extent that coverage is provided by *scheduled underlying Insurance.' aa. Auto and Mobile Equipment Limitation Any liability arising out of the: (1) Ownership; s (2) Maintenance; (3) Use; or (4) Entrustment to others of an 'automobile' or 'mobile equipment' owned or operated by or rented or loaned to an Insured unless, and then only to the extent that coverage is provided by 'scheduled underlying Insurance.' G-1 5057-C (Ed. 06/05) To the extent that this 'automobile' or 'mobile subject to the pollution this policy. G -15057-C (Ed. 06/05) insurance applies to an equipment' it is further exclusion, exclusion f. of Use includes operation or 'loading or unloading.' bb. Do Not Call Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or the CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. SECTION 11— WHO IS AN INSURED 1. Named Insured means any Individual or organization stated in the Declarations of this policy and if you are designated in the Declarations of this policy as: a. An individual, you and your spouse, but only with respect to the conduct of a business of which you qre the sole owner. If you are designated In the Declarations of this policy as an individual, this policy shall not apply to liability arising out of your domestic or non- business activities. This does not apply to the ownership, maintenance, use or 'loading or unloading' of any 'automobile,' or to the Personal Umbrella Liability Coverage Part. b. A partnership or joint venture, you and your members, your partners, and their spouses, but only with respect to the conduct of your business. No person or organization Is an Insured with respect to the conduct of any current or past partnership or joint venture that Is not shown as a Named Insured In the Declarations. c. An organization other than a partnership or joint venture, you and your executive officers and directors, but only with respect to their duties as your officers or directors. Your stockholders are also named insureds, but only with respect to their liability as stockholders. d. A limited liability company, you and your members, but only with respect to the conduct of your business. Your managers are also named insureds but only with respect to their duties as your managers. Page 6 of 17 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. e. A corporation or organization, other than partnerships, joint ventures or limited liability companies, that you form, acquire or gain control of during the policy period, but only with respect to 'bodily injury,* property damage' or 'personal and advertising injury' taking place after you form, acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and: a. Your 'volunteer workers' only while performing duties related to the conduct of your business, or your employees, other than your executive officers and directors (if you are an organization other than a partnership, joint venture or limited liability company) or your members (if you are a limited liability company ) but only for acts within the scope of their employment by you or while performing duties related to the conduct or your business. However, none of these employees or 'volunteer workers' is an insured for: (1) 'Bodily injury' or 'personal and advertising injury': (a) To you; to your partners or members (if you are a partnership or joint venture) to your members (Ii you are a limited liability company) or to a co -employee while in the course of his or her employment or performing duties related to the conduct of your business, or to your other 'volunteer workers' while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -employes or 'volunteer worker' as a consequence of Paragraph (1)(a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) 'Property damage' to property: (a) Owned, occupied or used by; (b) Rented to, In the care, custody or control or, or over which physical control is being exercised for any purpose by G-1 5057-C (Ed. 06/05) G-1 5057-C (Ed. 06/05) you, any of your employees, 'Volunteer workers' any partner or member (if you are a partnership or joint Ventura) or any member (if you are a limited liability company). bo. A person or organization for whom you are required, by virtue of a written contract entered into prior to the 'bodily injury,' 'property damage' or 'personal and advertising injury' occurring or being committed, to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use, but only to the extent of the limits of insurance required by such contract, not to exceed the limits of insurance in this policy. Oc. Any other persons or organizations included as an Insured under the provisions of the 'scheduled underlying insurance' shown in the Declarations of this policy and then only for the same coverage, except for limits of insurance, afforded under such 'scheduled underlying insurance.' However, If a blanket additional insured endorsement is attached to the general liability 'scheduled underlying Insurance' pursuant to a written or oral contract or agreement between you and another person or organization (called additional insured), this Insurance is excess over such insurance provided to the additional insured subject to the following conditions: (1) If the limits specified in the written contract or agreement are less than the limits provided by the 'scheduled underlying insurance,' then no coverage is provided to the additional Insured under this policy. (2) If the limits specified in the written contract or agreement are greater than the limits provided by the 'scheduled underlying insurance,' then this Insurance is excess over the Insurance provided by the 'scheduled underlying insurance.' The limits of insurance for the additional Insured are the lesser of: (Q The limits specified in the written contract; or (10 The limits of the 'scheduled underlying insurance' plus the limits of this policy. SECTION til — UMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or 'suits' brought; C. Persons or organizations making claims or bringing 'suit.' Page 7 of 17 Named Insured: Ghilotti Bros., Inc. Policy Number: CUP2098041315. IL001T1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declarations and may cancel this policy by mailing or delivering to c. Recommend changes. us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 30 days before the effective date of �J cancellation If we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will and on that date. S. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes n This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations Is authorized to make changes In the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy z period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes Insurance inspections, surveys, reports or recommendations. 4: Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative Is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services office, Inc., 1998 page 1 of 1 Named Insured: Ghilotti Bros., Inc. Policy Number: BUA2087746336 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. S. If this policy Is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the .first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even it we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you Iand us concerning the Insurance afforded. The first g Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 001711 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 A CALIFORNIA CANCELATION ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement. Effective 10/01/09 Policy No. WC427761403 Endorsement No. Insured GHU OT n BROS., INC. Premium S lasurance Company ZURICH AMERICAN INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the information page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the inves-tigation of a claim; 3. g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recom-mendations of our designated loss control representatives; 4. WC 535 (12-93) WC 04 06 01 A i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your busi-ness or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calcu-lation; 1. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. If we cancel your policy for any of the reasons listed in (a) through (f) we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in items (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. The policy period will end on the day and hour stated in the cancelation notice. Page 1 of 1 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 0– DATE OF MEETING: 06/07/2010 FROM: PARVIZ MOKHTARI, P.E. C 1`- DEPARTMENT: PUBLIC WORKS ic I V ED, DATE: 06/03/2010 JUN 2010 TITLE OF DOCUMENT: CITYATFORNEY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE SAFE ROUTES TO SCHOOL (SRTS) HAPPY LANE PEDESTRIAN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11121, FEDERAL PROJECT NO. SRTSL-5043(028), TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $123,000.00. (BID OPENING HELD ON WEDNESDAY, JUNE 2, 2010) Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY AqErAA ITE City lftpager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: — L a , City Attorney (signature) File No.: 18.10.13 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST ANIS ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; OK, bonds, and insurance certificates and `i- 1�� endorsements. (06/z0` U 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. n 1 , 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Licsilf, L-)0JqWW Project Name: V�,00u La,� Agendized for City Council Meeting o t(if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL OPENING OF SEALED BIDS RE: SAFE ROUTES TO SCHOOL (SRTS) HAPPY LANE PEDESTRIAN IMPROVEMENTS PROJECT NO. 11121 Date of Bid Opening: Wednesday, June 2, 2010 @ 2:00 p.m. ENGINEER'S ESTIMATE: $272,000.00 PW - Safe Routes to School Happy Lane Pedestrian Improvements NAME OF BIDDER AMOUNT ........ . .... . CF Contracting $185,256.00 96 Forrest Avenue Fairfax, CA 94930 FBD Vanguard Construction $145,563.85 651 Enterprise Court Livermore, CA 94550 G�Rla-dros., Inc.. .......... .... . ...... $123 0 00.00 - - 1 525 Jacoby Street San Rafael, CA 94901 -North -Bay —Construction $153,153.00 431 Payran Street P.O. Box 6004 Petaluma, CA 94955-6004 ....... .... . .... . . . .... . ... .. . . ...... . . .... .. Team Ghilotti, Inc, $141,645.50 2531 Petaluma Blvd. So. Petaluma, CA 94952 . . . . ...... .. ..... . ...... .. . ... ........ ENGINEER'S ESTIMATE: $272,000.00 PW - Safe Routes to School Happy Lane Pedestrian Improvements Page 1 of 1 Esther Beirne From: Leslie Blomquist Sent: Monday, June 21, 2010 11:37 AM To: Esther Beirne Subject: RE: Happy Lane Contract Can you send the bonds back with our copies of the contract? Typically we keep those in our project folder, I believe. Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael, Department of Public Works Ph: 415.485.3473 Fax: 415.485.3334 From: Esther Beirne Sent: Monday, June 21, 2010 11:36 AM To: Leslie Blomquist Subject: Happy Lane Contract Hi Leslie: It was nice seeing you yesterday and again, congratulations. I have the signed agreement for Happy Lane. I notice bond documents are attached, so you need these or should I retain? Esther Beirne, City Clerk 415 485-3065 APlease consider the environment before printing this message. 6/2112010 Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS 1400 FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO. PO 00449-0003488704 I am a citizen of the United States and a resident of the County aforesaid I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/712010 I certify (or declare) under the penalty of perjury that the foregoing is true and correct Dated this 10th day of May, 2010 Signature PROOF OF PUBLICATION Legal No. 0003488704 CRY OF SAN RAFAEL • DEPAR 1KIENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is hereby given that the City of San Rafael Department of Public Works will receive bids for furnishing all labor, materials, equipment and services for Safe Routes to School Happy Larw Pedestrian Impro-v-emenls Project uncil on May 3 2010 ane all Other contract ents now on f(le with the City Clerk, City of Rafael, California; and may be examined Pies may be obtained at the Department of Works, 111 Morphew Street, P. 0. Box San Rafael, CA 94901. Cost shall be Fifty (550.00) per set, non-refundable. Cost of I sets shall be an additional Five Dollars per set Bidders are hereby notified that pursuant to Sec- tion 1770 of the Labor Code of the State of Caihfor- nta, the Cittyy, of San Rafael has ascertained the gen- eral prevallingg rate of per them wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanhcs needed to exe- cute the contract which will be awarded the suc- cessful Bidder. The prevailing rates so determined by the City are on file In the office of the City Clerk copies of which are available to any Interested party on request Each bid shall be made out on the form to be ob- tained at the Department of Public Works, 111 Ma hew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent(10%of of the amount of bid made payable to the order the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, Room 209, City Hall, San Rafael, California 94901 on or before 2:IHI PM, Wed- nesday June 1, 2010. The City reserves the right to refect any or all bids or to waive any Informality In a bid. Dated: May 7, 2010 /s/Esther C. Beirne ESTHER C. BEIRNE City Clerk NO. 898 MAY 7, 2010 Esther Beirne From: Lazarus, Donna [dlazarus@marinij.com] Sent: Monday, May 10, 2010 1:39 PM To: Esther Beirne Subject: PO 00449-0003488704 happy lane Attachments: OrderConf.pdf =rsr - 1 OrderConf.pdf(270 KB) ELECTRONIC TEAR SHEET logging number 898 cost $99.60 DONNA LAZARUS 415 382-7335 legals@marinij.com Marin Independent Journal