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HomeMy WebLinkAboutCC Resolution 13352 (Pt. San Pedro Median Landscaping Impr. Re-Bid)RESOLUTION NO. 13352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO AWARD THE CONSTRUCTION CONTRACT FOR THE POINT SAN PEDRO MEDIAN LANDSCAPING IMPROVEMENTS RE -BID, CITY PROJECT NO. 11163, TO CLEARY BROTHERS, LANDSCAPING, IN THE AMOUNT OF $1,463,925.50 WHEN THE PROJECT FINANCING HAS BEEN SECURED. WHEREAS, on the 24'h day of May, 2012, 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: "Point San Pedro Median Landscaping Improvements Re -Bid" Project No. 11163 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Cleary Brothers Landscaping, 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. WHEREAS, the contract will be awarded after the final project financing is secured. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Cleary Brothers Landscaping is hereby accepted at said unit prices and the Council hereby authorizes the contract to be awarded to Cleary Brothers Landscaping at the unit prices mentioned in said bid, conditioned upon the City securing project financing. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with Cleary Brothers Landscaping 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 Public Works Director 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 4`n day of June, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 03.01.180 City of San Rafael • California Form of Contract Agreement for Point San Pedro Median Landscaping Improvements -Rebid Project No: 11163 This Agreement is made and entered into this 4th day of June 2012 by and between the City of San Rafael (hereinafter called City) and Cleary Bros., Landscape (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: Point San Pedro Median Landscaping Improvements Rebid, Project No. 11163, 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 five (5) working days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 100 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,200 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 NO. ITEM QUANTITY UNITS 1. Mobilization 1 LS @ 2. Traffic Control 1 LS @ 3. Demolition: a. Clear and Grub 140,000 b. Tree Removal 148 c. Paving Removal 12,120 d. Loose Cobble 9,280 Removal 4. Earthwork a. Soil Import for 1,250 Mounding 5. Median to Median Sleeves (two per trench) a. 4" Sleeve (total length 11,500 of pipe installed. b. Trenching, Backfill & 4,200 Paving 6. Minor Concrete Structures a. Patch Paving 1,200 b. Road sign repl. (ind. 15 Conc. Footings) 7. River Rock Cobble 14,500 Paving 8. Landscaping & irrigation a. Irrigation Heads 10,872 (bubblers) b. Irrigation Hds. (tree 2425 bubblers) c. Irrigation RCSB 150 w/decoders d. Lateral Line 30,000 e. Main Line 18,200 L Master Valves 5 g. Controller Assembly 1 h. Two Wire Control 18,500 Wire i. BFPs & Enclosures 6 k. QCV 182 i. Misc. I m. 24" Box Trees 245 SF @ EA @ SF @ SF @ CY @ LF @ LF @ SF @ EA @ SF @ EA @ EA @ EA @ LF @ LF @ EA @ LS @ LF @ EA @ EA @ LS @ EA @ UNIT PRICE $43,000 = $92,778 53.63 = 3 = 24 = 12.01 = 300 = 9.57 = C� 25 = 350 = 5 = 10 = 3,000 = 10,000 = .75 = 5,000 = 250 = 5,600 = 345 = TOTAL PRICE $43,000 $92,778 0 21,000 22,200 12,120 9,280 0 67,037.50 0 34,500 100,800 0 14,412 4,500 138,765 0 43,488 6,125 52,500 150,000 182,000 15,000 10,000 13,875 30,000 45,500 5,600 84,525 AGREEMENT • 2 n. Shrubs 7 10,872 EA @ 10 = 108,720 Groundcover, 1 Gal. o. Fine Grading at 140,000 SF @ .24 = 33,600 Planting Areas p. Soil Preparation 140,000 SF @ .24 = 33,600 q. Mulch (3" depth) 1,500 CY @ 50 = 75,000 r. Maint. - 1 year 1 LS @ 12,000 = 12,000 s. Schedule 40 100 LF @ 20 = 2,000 galvanized mainline pipe (2.5" dia.) $1,463,925.50 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. AGREEMENT • 3 A (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 Hens; (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. CITY OF SAN RAFAEL: Nader Mansourian, Public Works Director ATTEST: ife Esther C. Beirne, City Clerk APPROVED AS TO FORM: sy Robert F. Epstein, City Attorney File No.: 03.01.180.03 CLEARY BROS. LANDSCAPING: By: )" f (), / � Printed Name: tKC � AIt-1 Title: v_c 1 12eAt ,. c AGREEMENT • 4 Premium: $11,878.00 Bond No. 070013836 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Cleary Bros. Landscape, Inc. 521 Diablo Rd. Danville, CA 94526 OWNER (Name and Address): City of San Rafael 1400 First Ave., San Rafael, CA 94915 SURETY (Name and Principal Place of Business) The Ohio Casualty Insurance Company 136 North Third Street Hamilton, Ohio 45025 CONSTRUCTION CONTRACT Date: June 4, 2012 Amount: $ 1,463,952.50 One Million Four Hundred Sixty Three Thousand Nine Hundred Fifty Two Dollars and 50/100 Description (Name and Location): Point San Pedro Median Landscaping Improvements Rebid BOND Date (Not earlier than Construction Contract Date): July 23,2012 Amount: $ 1,463,952.50 One Million Four Hundred Sixty Three Thousand Nine Hundred Fifty Two Dollars and 50/100 Modifications to this Bond: FX_] None F__j See Page 3 CONTRACTOR AS PRINCIPAL SURETY Th Ohio Casualty Insur;Tee Company Company: Cleary Bros.7Ldscape, Inc. Corporate Seal Corporate Seal Signature: Signature: Name and Title: &A Name and Title: NaKcy L. Wallis Is (FOR INFORMATION 014LY -Name, Address and t'l7elephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Other:) Wells Fargo Insurance Services 1039 A North McDowell Blvd. Petaluma, CA 94954 707-773-1838 City of San Rafael PO Box 151560 San Rafael, CA 94915-1560 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 EDITION . AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312 - THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in subparagraph 3.1. 3 If there is no Owner default, The Surety's obligation under this bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in paragraph 10 below that the Owner is considering declaring a Contractor default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, Contractor and Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor default; and 3.2 The Owner has declared a Contractor default and formally terminated the Contractor's right to complete the Contract. Such Contractor default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in subparagraph 3.1; and 3.3 The Owner has agreed to pay the balance of the contract price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Contract with the Owner. 4 When the Owner has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the owner for a contract for performance and completion of the construction contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in paragraph 6 in excess of the balance of the contract price incurred by the owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practical after the amount is determined, tender payment therefore to the Owner; or .2 deny liability in whole or in part and notify the Owner citing reasons therefore. S If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from the Owner to the Surety demanding that the surety perform its obligations under this bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under subparagraph 4.1, 4.2 or 4.3 above, then responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the balance of the contract price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's default, and resulting from the actions or failing to act of the Surety under paragraph 4: and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 EDITION • AIA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 THIRD PRINTING •:MARCH 1987 A312- 2 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the balance of the contract price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in which the work or part of the work is located and shall be instituted within two years after Contractor default or within two years after the contractor ceased working or within two years after the surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the IIODIMCATIONS TO THIS BOND ARE AS FOLLOWS: construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. 12 DEFINITIONS 12.1 The Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all contract documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied or waived, to perform or to otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied or waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Corporate Seal Signature: Name and Title: SURETY Signature: Name and Title: Corporate Seal AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 EDITION • AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 3 THIRD PRINTING • MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On July 23, 2012 Date personally appeared before me, Nancy L. Wallis SrACY M, CLINT�10N # 11155319 9 5 '319 gr ­r - rr - Commission # 1q55319 V Notary P;jblic - California zZ Sonoma County > My Comm. Expires Nov 3, 2015 Stacy M. Clinton, Notary Public Here Insert Name and Ttle of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA4 whose namekg) is� subscribed to the within instrument and acknowledged to me that Pe/she/tlloy executed the same in s/her/t�4_r authorized capacity(, and that by Wher/tr; signatureM on the instrument the person(6j, or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a and WITNESS mofficial se5k'l Place Notary Seal Above Signature 1� ,g Notary Uk OPTIONAL ---- -- , , I - — - — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Nancy L. Wallis !ndividual CcrporateOffice, --- Ti',Io(s): Partner — -.- - Um"r-1 _'Gen;--r-al Attorney in Fact Trustee Guardia- or Corseratcr n Cther: Signor Is Rep, escrt'rg -A Number of Pages: Signer's Name: F1 Individual L] Ccrporate Cfficer --Ti (s): OP-artner — - Limit -d & r,-rJ E]Aftrrey in F -act ®Trustee FIGuaroian or Ccnsorvatcr nOtl-.er: Bond No. 070013836 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Cleary Bros. Landscape, Inc. 521 Diablo Rd. Danville, CA 94526 OWNER (Name and Address): City of San Rafael 1400 First Ave., San Rafael, CA 94915 SURETY (Name and Principal Place of Business) The Ohio Casualty Insurance Company 136 North Third Street Hamilton, Ohio 45025 CONSTRUCTION CONTRACT Date: June 4, 2012 Amount: $1,463,952.50 One Million Four Hundred Sixty Three Thousand Nine Hundred Fifty Two Dollars and 50/100 Description (Name and Location): Point San Pedro Median Landscaping Improvements Rebid BOND Date (Not earlier than Construction Contract Date): July 23, 2012 Amount: $1,463,952.50 One Million Four Hundred Sixt Three Thousand Nine Hundred Fifty Two Dollars and 50/100 Modifications to this Bond: 0 None F__j See Page 6 CONTRACTOR AS PRINCIPAL SURETY The Ohio Casualty firtsurafice., Company Company: Cleary Bros. Landscape, Inc. Corporate Seal Corporate Seal Signature: Signature: Name and Title: Name and Title: Nancy L- Wallis (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Other): Wells Fargo Insurance Services 1039 A North McDowell Blvd. Petaluma, CA 94954 707-773-1838 City of San Rafael PO Box 151560 San Rafael. CA 94915-1560 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 EDITION • AIA G) THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 4 THIRD PRINTING . MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens and suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner default. 3 With respect to claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a notice to the Surety, (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this bond, and the amount of this bond shall be credited for any payments made in good faith by the Surety. S Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the owner's priority to use the funds for completion of the work. 9 The Surety shall not be liable to the Owner, claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise to have obligations to claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 EDITION - AIA 9 fHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 5 THIRD PRINTING . MARCH 1987 or after the expiration of one year from the date (1) on which the claimant gave the notice required by subparagraph 4.1 or clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by the Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINMONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, material and equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all contract documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied or waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for signatures of added parties, other than those appearing on the signature page.) CONTRACTOR AS PRINCIPAL SURETY Company: Corporate Seal Signature: Name and Title: Signature: Name and Title: Corporate Seal AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 EDITION. AIA ._iD THE AMERICAN. INSTITUTE OF ARCHITECTS, 173 5 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312- 6 THIRD PRINTING • MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On July 23, 2012 Date personally appeared before me, Nancy L. Wallis gi 1 At ilti:pitl i: 1 � 1 &a'j STACY M. CLINT�6ON P '5319 ii Commission # 1955319 ZNotary Public - California zZ Z Sonoma County My Comm. Expires Nov 3. 2015 Stacy N1. Clinton, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the Xpersonwhose name �K is/0 subscribed to the within instrument and acknowledged to me that Xlshelt,[�.e'y executed the same in Pig/her/tW authorized capacity(ipsl, and that by PrslherlthA signaturef61 on the instrument the personm, or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy and official seal./ -j Signature:! r Place Notar/ Seal Abcve Stature cf Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Nancy L. Wallis El Individual Corporate Off i,,-er — Titlei: s): El Partt c., Lirr_tcd Gencral 11i elawlll? ad E-1 Attorney '.,. F-�,ct El Trustee F1 Guar6an or Cor scra'or 0 Cther: S7grG, Is Repie�enfrg: Number of Pages: Signer's Name: E] Individual E] Ccrperate Officer --T, I (s): [APaI-frer-71-imIt,_' –Gero�al E]AV,crrey In Fact FITrus', ee ®Guardian c, CcnsoriLilcr FIct! er: QQ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DircctSolutions for Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAIRT This endorsement modifies insurance by broadening the insurance provided by CG 40 01. Index of modified items: Item 1– REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL. Item 5. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 6. - BODILY INJURY TO CO -EMPLOYEES Item 7. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 8. - NEWLY FORMED OR ACQUIRED ENTITIES Item 9. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION—MANAGERS OR LESSORS OF PREMISES Item 10. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 11. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION – PERSON OR ORGANIZATION Item 12. - ADDITIONAL INSURED – ARCHITECTS, ENGINEERS OR SURVEYORS Item 13. - ADDITIONAL INSURED – STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 14. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION – LESSOR OF LEASED EQUIPMENT Item 15. - KNOWLEDGE OF OCCURRENCE Item 16. - UNINTENTIONAL ERRORS AND OMISSIONS Item 17. - BODILY INJURY REDEFINITION Item 18. - MOBILE EQUIPMENT REDEFINITION Item 19. - SUPPLEMENTARY PAYMENTS Item 20. - LIBERALI'ZAT'ION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. - REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. "flus exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. - NON -OWNED WATERCRAFT EXTENSION Suhparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long. and (b) Not being used for public transportation oras a COMM);'. carrier. Item 3. - ALIENATED PREMISES 1. Subpar:i gr: nh j.(2) of _Exciusa ns of stctnon 1 – Coveragcs - BodJy lujur, ." nd Properry Damage LiaiAitr t, replaced by the fullovong: LG 3180 09 07 Page 1 of 8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Itern 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. "flus insurance does not apply to an}' portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Lrmtts of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence." regardless of the number of persons or organizations who sustain damage because of that "Occurrence." The Aggregate Limit is the most we will pay for the stun of all occurrences covered by this provision. Item 5. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. lire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following: Exclusions e. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when (lie damage is caused by fire, lightning, ur explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to tlus coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Liinit is the most we will pay under Coverage A for any combination of: (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner, and (b) "property damage" (other than clamage by fire} to premises, including the contents of such premises, rented to you fora period of 1 or fewer consecutive clays. Itern 6. - BODILY INJURY TO CO -EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraple, 2.a.(I)(a), (b) and (c) of SECTION II —1Vho Is an Insured do not apply to your supervisory or matiagement "ennployees" for "bodily injury" only. 2. Subtest to the Each Occurrence Limit and tlic C eneral ;'0rcgate ;.u..it, Paragraph.., 2.a.(1)(a), (b) and (c) of i', i:v " CT;C II -- `til"`lto Is an Insured do not appy to your "rniplc,i•e cs" or "vol:tnteer yy<�rkers„ fi;r "I:c:clii,,r niiur� arising out of a Good Samaritan act to a co-"ennplovee" or co -"volunteer worker." A Good Samaritan act ineans an attempt to rescue or aid a person- in irnmitient or serious perii, provided the a:tcmp is not recklessly made. D3 usages owed to an injured co-"empio%ee" or "volunteer worker" %vi1 be teduced by s atnount paid or avaiiablc :o t1w iill�rred co-"erinpiovee" or "vOlur.tecr work er" untie ant other %•alis and coliccttbir insurai:Lc LG 3180 09 07 Page 2 of 8 Item 7. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II - NX -lo Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 8. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodil}' injury" or "property, damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injuiy" :truing out of an offense comnuttcd before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 9. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ---MANAGERS OR LESSORS OF PREMISES A. Section 11 - Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that. 1. the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury", "property damage", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or onussions of you, }'our employees, your agents, or your subcontractors. 'There is no covetage for the additional insured for "bodily injure", "property damage" or "personal and advertising injury" arising out of the sale negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the wntten agreement to indemnify an additional insured requires that you indemnity the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's lawvill apply, then such provision will be honored. B. Waiver Of Subrogation For an} additional i.sured that obtains insured stairs On this policy through patagrnph A., above, we waive ainv rig'i,t of recover.- we rine, have a:ainst the additional insured because of payments we make far "bode:} injmy", "property; damage" or "personal at;d advertising injrtr; to t--ii-.ch tl,:s insurance apl_rlie:. C. Exclusions This insurance does not apply to: 1. .inn "occurrence" that takes place after :>o;t cerise to be a tei:.int in that premie - LG 3180 09 07 Page 3 of 8 1 i t 2. 1ny construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 1 Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and litnits of irnsurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance avatlable within this policy. Trois insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that tine additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 10. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II — Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury," "property damage," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the tinge of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additionat insured. 1lne coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, ),our employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage,,, `:personal and advertising injury" arising out of "your work" included in the "productscompleted operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time regtured by the written agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and adverusing injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indcmnify an additional insured requires that you indemnify the additional insured for its sole rncgligence, then the coverage for the additional insured shall conform to that ar recinem; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state wlner,� the agree uicnt was formed. If [lie writtern agreement provides that a partit-ular state's lane will apply, thein such provision will be honored B. Waiver Of Subrogation For any additional insur:d that obtains insured status on this 1>-:tlic -hro,,h paraj�iap=n A.. ahovc, WC waive an;e tight -i recovery we may have aciuw3t the additional in>urcd because of paamems ve m.:kO foritnj iry", "p damage" or "personal and advert injur tc> .ahicln this insuran'e applies. C. Exclusions With respect to ii -.c insurance aff=orded to there ids ition,d insureds, the following a:iditional exclusions LG 3180 09 07 Page 4 of 8 This insurance does not apply: 1. to "bodily injury", "property= damage" or "personal and advertising unjury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, traps, shop drawings, opinions, reports, survevs, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury=" or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreenneut to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II — Who Is An Insured is .emended to include as an additional insured airy person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injure" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: (a) the "bodily injury", "property dannagc" or "personal and advertsing mjuty" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage", "personal injury" or "advertising injury" for which coverage is sought. Jhat person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you mdenulify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreeruent; provided, however, that the contractual indemnification ;anguage of the agreement is valid under the laty of the state where the agreement was it,,rmed. if the written .zgrceinent provides that ,, particular state's law hill Apply, then such provision v,"11 be li-mored. B. Waiver Of Subrogation For any ac chucnal ins:tred -hat obtains uns.nred status on this policy thro gh paragraph A., a .ovc, we waivc an right of reccvery we may have ac ainst ;he add itiona; insured Iu:causc of llavmen, we make for 1odiiy injury" t'prrnerr,' damn ge" or "personal and advertising injun," to ;�jch this in..ur.ince applics. LG 31 80 09 07 Page 5 of 8 C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. _Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and lin-lits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated tinder a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II — Who Is An Insured is amended to include as an additional insured any architect, engineer, or serve} or engaged by you but only with respect to habibi), for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by ) our acts or onussions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising; injury" rinsing out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, survc, s, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Item 13. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL. SUBDIVISION - PERMITS Section 11 — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipalit} or political subdivision has issued a permit However, this insurance does not apply to: 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivisao n, or 2. Any "bodily injury„ or "property damage" included within the "products -completed operation; hazard", except -when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in -whole or in part, by you or those acting on your behalf Item 14. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section It - Who Is An Insured is amended to include as an additional insured any person or ory>aniza ,on Er„ir, whom you lease equipment -when you and such person or organizaticn have sorted in a writren agreen,ciu drat ! iuch person Or orgaiiization be added .... an additional insured on your polio:. Such person or or aruzarion t;, an ins_.�.:-ed nl,: with respect to :i bihry tur ' u=lily injure" "propett:= damage" er' "persciiai and advr rtising tr,j:.r," ca�_tced, .. -.whole or :n part, by } our inainb:nance, oper:i'ion or u, -,c Of equipment Ie.0 ed t�_i � o i l , .s.icl-, per<vm or s,r aniza ion. There is no coverage for the adiiti,;n.:l u;s ire d for "hodiiy inj.ut, " "property daoiagc- or "personal and injur " :iristn;= out of the sote nccligencc of the additionai ins,,.red or b=. tho:-X :acting or chant ,f il.r• In' - U rCA. LG 3180 09 07 Page ti of 8 ,y A person's or organizations status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For an), additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on air excess, contingent or primary basis, unless you are obligated under a written agreement to provide liabiht - insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis reclurired by such written agreement. To the extent that the additional insured has the right to pursue an), other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 15. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV — Commercial General Liability Conditions are amended to acid the following: As used in this paragraph, the word "you" refers to an "executive officer", partner, member or legal representative, and any other "employee" with insurance or risk management responsibtli ties. Item 16. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the fallowing: .1n), unintentional error or oinission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 17. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - DEFINITIONS section is ieplaccd by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or nnental anguish, which results at any time from such physical harnn, physical sickness or physical disease. 1kfental anguish means an}' type of mental or emotional illness or distress. Item 18. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (c) of Section V -- Defnutions does not apply to self-propelled vehicles of less than Ionil pounds gross vehicle weight. Item 19. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Stipplementan Payments Coverages A and B, item 1. b. and 1. d., respcctively, :ire replaced Xvith: b. I:p to S21,500 for cost of bat bonds rcquirr,i because of accident; cr traffic lav: 6,):atlons :iri.in.sr out :Itl-e -i e of anY velucie to which .he Bo,iil,- Iniui , Liability Coy ersge appiie., \Vc do not li.,ve to furnish these bc:rid_. d. <111 reasonable expenses incurred hr the insured at our request to asst us in the investigatior or defense of the ci:rirn or "suit" including stihstantiated loss of earnings up to $500 a day l,ecause of time off from lvork. LG 3180 09 07 Page 7 of 8 Item 20. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following: 10. Ltberah'I.ation 1 f we adopt a change in our forms or tule which would broaden your Coverage 'At1u3ut an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. f: us cndW'A 11 -cut is —ccutcd liil the Prcunum S Effccucc Date 01/01/12 FNpirauon Datr 01/01/13 For auacrnitnt to Policy No. YVJZ91445069022 .ludic Basis Countmtgncd by SI:C1t E4 \}21' I'IttiS3L`EVi Amhovcd Represczr:aurc Issued Sides Office and No, Erni. Sinai No LG 31 80 09 07 Pa -e 8 of 8 POLICY NUMBER: YVJZ91445069022 COMMERCIAL GENERAL LIABILITY CG20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s) Location(s of Covered Operations Blanket as required by written contract signed by Sianket as required by written contract signed by both parties prior to loss both parties prior to loss Information required to complete this Schedule, if now shown, will be shown in declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organlzatlon(s) shown In the Schedule, but only with respect to liability for "bodily injury" or "property dam -age" caused, in whole or In part, by "your work" at the location designated and described In the schedule of this endorsement performed for that additional insured and included In the "products - completed operations hazard". CG 20 37 07 04 0 180 Properties, Inc., 2004 Page 1 of 1 11 1111 10 1 1 111 1111111111 iilll'oll III I III 1111111111111 IJ lillaii 1011112 lid 111milibillil 111111 111111:11111011111 11111 V11 1111111 111 1 1 .......... . .. ", .... .. .... 1 1, ''I'll", I,, 111 111110110 11 111 "1 1 11111111 1 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND 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 Department I City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department Head 6 City Clerk Description Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contractincl, Department: Project Manager: Project Name: 01 It) Agendized for City Council Meeting of (if necessary): Completion Date A� AW Ir If you have questions on this process, please contact the City Attorney's Office at =185-3080. * Council approval is required if contract is over 520,000 on a cumulative basis. CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRCC AGENDA ITEM NO.—,:' - DATE OF MEETING: June 4, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: May 29, 2012 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO AWARD THE CONSTRUCTION CONTRACT FOR THE POINT SAN PEDRO MEDIAN LANDSCAPING IMPROVEMENTS RE -BID, CITY PROJECT NO. 11163, TO CLEARY BROTHERS, LANDSCAPING, IN THE AMOUNT OF $1,463,925.50 WHEN THE PROJECT FINANCING HAS BEEN SECURED Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) APPROVED AS TO FORM: City Attorney (signatute) File No.: 03.01,180 FAXED AND E-MAILED May 8, 2012 Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 FAX NO: 382-7205 Attn: Donna Lazarus 11.\\uRG:\R\ O. PIHLLII'S VICE MAYOR N-tARc Lt:\INE COL-\CIL.\tE\IBER D,%mw, CONNOLLY COL VH %1E\I13FR BARBARA HFI -LER COt-\C'ILStE\1t3ER:1\URL1'; CMG\\ \1�CLLU}LG}I PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Nad r.11ansourian, Dirc toro('Public Works P. O. No. 00449 Account #2070419 File No: 03.01.180 Re: NOTICE INVITING SEALED PROPOSALS - POINT SAN PEDRO MEDIAN LANDSCAPING IMPROVEMENTS -REBID PROJECT NO: 11163 Enclosed is one copy of Notice Inviting Sealed Proposals for Public Works entitled: "POINT SAN PEDRO INIEDIAN LANDSCAPING IMPROVEMENTS". Please publish the enclosed notice on May 9, 2012 and furnish us with Galley Proof and Proof of Publication in duplicate. Thant: you for your cooperation in this matter. Sincerely yours, Ke\ in ticGo\` an Assistallt Public Worl\-s Director, City EnLineer K \I:dw lint losure (1 ) cc: Esther C. 13cirne. City Clerk (2 copies-\\. encls.) Proiect Engineer (G\."encl.) Admin. (?) ('w encl.) 1:fS':�,•;'t:,_.;�I��._ci'PCit3ti'iI_`�"!�',Sl.\i'i.=.,.�.Ei-.C'.15-'i`i1j-i`i,� FOI-�A\! AF \EL.OKt: CITY OF SAN RAFAEL - DEPARTMENT 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 Point San Pedro Median Landscaping Improvements "Re -Bid" PROJECT NO. 11163 Project Description: This project is composed of the removal and reinstallation of landscaping and irrigation systems in the median of Point San Pedro Road from Union Street to Biscayne Drive in San Rafael California. The work includes, but is not limited to, the installation of plant, irrigations systems, irrigation conduit trenching, earthwork, and all incidentals necessary to perform the work. The project also includes a bid alternative for the installation of two neighborhood signs. Each bid shall be in accordance with the plans and specifications adopted by the City of San Rafael City Council on April 2, 2012, and other contract documents, now on file with the City Clerk, City Hall, San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. O. Box 151560, San Rafael, CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem 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 mechanics needed to execute the contract which will be awarded the successful 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 obtained at the Department of Public Works, 111 Nlorphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before Mav 24, 2012 at 2:00 pm. The City reserves the right to reject any or all bids or to waive any informality in a bid. ESTHER C. BEIRNE City Clerk Dated: Mav 9, 2012