Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutCC Resolution 12461 (West End Project)RESOLUTION NO. 12461 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR FOURTH STREET WEST REHABILITATION / WEST END VILLAGE PROJECT — RE -BID, PROJECT NO. 11056, TO GHILOTTI CONSTRUCTION CO., IN THE AMOUNT OF $3,278,234.65. WHEREAS, on the 18`h day of March, 2008, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "FOURTH STREET WEST REHABILITATION/ WEST END VILLAGE PROJECT — RE -BID PROJECT NO. 11056" in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Constructon Co. 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 therefor. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Construction Co. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Construction Co. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor and City Clerk of said City be authorized and directed to execute a contract with Ghilotti Construction Co. 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, City 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 7th day of April, 2008, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, City Clerk File No. 16.01.229 City of San Rafael o California Form of Contract Agreement for Fourth Street West Rehabilitation/ West End Village Project Project No: 11056 This Agreement is made and entered into this 7th day of April 2008 by and between the City of San Rafael (hereinafter called City) and Ghilotti Construction Co. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Fourth Street West Rehabilitation / West End Village Project:, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 240 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IV - 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 $2,500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. V - 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. ITEM DESCRIPTION 1 MOBILIZATION 2 DUST CONTROL QTY. I UNITS UNIT PRICE I TOTAL $160,000.0 1 LS 0 $160,000.00 1 I LS $1,500.00 I $1,500.00 AGREEMENT • 1 3 Y CONSTRUCTION STAKING 1'' LS $20,000.00 $20,000.00 4 CLEARING AND GRUBBING 1 LS $10,000.00 $10,000.00 TRAFFIC CONTROL & 5 CONSTRUCTION AREA SIGNS 1 LS $42,250.00 $42,250.00 PROGRESS SCHEDULE (CRITICAL 6 PATH METHOD) 1 LS $500.00 $500.00 PEDESTRIAN CONTROL AND 7 ACCESSIBILITY 1 LS $40,000.00 $40,000.00 ADA PEDESTRIAN ACCESS 8 ALLOWANCE 1 LS $40,000.00 $40,000.00 SHEETING, SHORING, AND 9 BRACING OF EXCAVATION 1 LS $3,000.00 $3,000.00 SWPPP PREPARATION (NOT TO 10 EXCEED $10,000) 1 LS $10,000.00 $10,000.00 _ i 11 SWPPP IMPLEMENTATION 1 LS $4,100.00 $4,100.00 PARTNERING WORKSHOP (NOT 12 TO EXCEED $15,000) 1 LS 13 POTHOLE EXISTING UTILITY 1 LS $3,400.00 $3,400.00 TOTAL MISCELLANEOUS $334,750.00 SIDEWALK ILI TI REMOVE EXISTING CURB 14 GUTTER 5,600 LF $11.00 $61,600.00 REMOVE EXISTING SIDEWALK, 15 DRIVEWAY AND CURB RAMP 58,600 SF $3.00 $175,800.00 REMOVE EXISTING CONCRETE 16 BENCH 9 EA $280.00 $2,520.00 17 REMOVE BRICK PAVING 896 SF $2.40 $2,150.40 REMOVE STONE PAVERS 18 STATION 27+0 245 SF $2.40 $588.00 ` REMOVE AND REPLACE EXPOSE AGGREGATE PCC PAVEMENT AT 19 205 SHAVER STREET 123 SF $8.60 $1,057.80 REMOVE AND SALVAGE EXISTING 20 TRASH RECEPTACLES 19 EA ! $130.00 $2,470.00 121 REMOVE ABANDONED WATER METER 5 EA $225.00 $1,125.00 f 22 REMOVE IRRIGATION SYSTEM 1 SL $3,000.00 $3,000.00 23 REMOVE EXISTING BOLLARDS 2 EA $130.00 $260.00 24 REMOVE ABANDONED PULL BOX 1 EA $130.00 $130.00 25 REMOVE EXISTING BIKE RACK 2 EA $65.00 $130.00 REMOVE EXISTING PARKING 26 METER POSTS 72 EA $65.00 $4,680.00 AGREEMENT • 2 AGREEMENT • 3 REMOVE AND REPLACE CURB AND GUTTER AT G AND SHAVER 27 STREET 58 LF $51.00 $2,958.00 REMOVE AND REPLACE PCC I I I 28 SIDEWALK 114 SF $8.50 $969.00 REMOVE, SALVAGE AND RESET EXISTING CONCRETE BUS STOP 29 BENCH 2 EA $2,500.00 $5,000.00 30 RESET NEWSPAPER RACK I 4 I EA I $240.00 I $960.00 RESET PEDESTRIAN PUSH I 31 BUTTON 1 I EA I $600.00 $600.00 LL NEW PARKING METER INSTA32 I I I OST 40 EA $210.00 $8,400.00 RELOCATE/RESET EXISTING SIGN I I I 33 WITHNEW OST 32 EA $250.00 I $8,000.00 RELO&ELECTRICAL PULL I I I I 34 BO REPLATE ACE ACE COVER 2 EA $2,000.00 $4,000.00 35 RELOCATE WATER METER 2 I EA I $1,600.00 I $3,200.00 36 REPLACE WOOD PLANTER I 80 I LF I $26.00 I $2,080.00 ADJUST UNKNOWN UTILITY TO I I + 37 GRADE 5 EA $360.00 I $1,800.00 EXISTINGREMOVE RB AT I I I I 38 PUBLIC PARKING LOT 4 LF $10.80 $43.20 CONCRETE FILL BASEMENT 39 NICHE I 4 CY I $465.00 I $1,860.00 I CONSTRUCT PCC COMMERCIAL I I I I 40 DRIVEWAY 10,210 SF $10.75 $109,757.50 CONSTRUCT PCC RESIDENTIAL I I I I I 41 DRIVEWAY 160 SF $12.70 $2,032.00 PCC CURB & 42 GUTTERCONSTRUCT 5,096 I LF I $32.00 I $163,072.00 CONSTRUCT B & I I 43 GUTTER AT BUSS OP 236 LF $39.50 I $9,322.00 44 CONSTRUCT PCC CURB I 50 LF I $42.80 I $2,140.00 45 I CONSTRUCT PCC SIDEWALK I 39,970 I SF I $5.90 I $235,823.00 REPLACE PLANTER WITH I V I I I 46 PCC SIDEWALK ON G STREET 175 SF $9.25 I $1,618.75 CONSTRUCT PCC VALLEY GUTTER AT EL CAMINO REAL 47 AVENUE 370 SF $17.95 $6,641.50 CONSTRUCT PCC RAMP AT I I I 48 STATION 29+80 160 SF $14.45 $2,312.00 49 I CONSTRUCT CASE A CURB RAMP I 780 I SF I $26.00 $20,280.00 CONSTRUCT MODIFIED CASE B I I + 50 CURB RAMP 510 SF $18.50 I $9,435.00 51 I CONSTRUCT CASE C CURB RAMP I 740 I SF I $15.75 I $11,655.00 AGREEMENT • 3 CONSTRUCT MODIFIED CASE C 52 CURB RAMP 880 SF $15.30 $13,464.00 CONSTRUCT CUSTOM CURB 53 RAMP AT STATION 29+35 910 SF $8.35 $7,598.50 CONSTRUCT AREA DRAIN AT 54 STATION 28+02 1 EA $300.00 $300.00 REMOVE AND REPLACE DRAINAGE INLET AT STATION 55 35+54 2 EA $2,200.00 $4,400.00 56 INSTALL SIDEWALK UNDERDRAIN 300 LF $50.00 $15,000.00 INSTALL SIDEWALK JUNCTION 57 BOX FOR DOWNSPOUT 27 EA $40.00 $1,080.00 REMOVE AND REPLACE CURB 58 OUTLET 11 LF $40.00 $440.00 INSTALL HAND RAIL AT STATION 59 29+80 19 LF $200.00 $3,800.00 ADJUST TELEPHONE VAULT TO 60 GRADE - SIDEWALK 8 EA $1,150.00 $9,200.00 ADJUST TELEPHONE MANHOLE 61 TO GRADE - SIDEWALK 13 EA $300.00 $3,900.00 ADJUST SANITARY SEWER 62 MANHOLE TO GRADE - SIDEWALK 2 EA $300.00 $600.00 ADJUST STORM DRAIN MANHOLE 63 TO GRADE - SIDEWALK' 2 EA $300.00 $600.00 ADJUST FIRE HYDRANT TO 64 GRADE - SIDEWALK 7 EA $500.00 $3,500.00 MODIFY SIDEWALK AT TRAFFIC 65 SIGNAL POST 8 EA $60.00 $480.00 ADJUST DRAINAGE INLET TO 66 GRADE 11 EA $1,400.00 $15,400.00 REPLACE TRAFFIC SIGNAL PULL BOX COVER & ADJUST TO GRADE 67 - SIDEWALK 11 EA $200.00 $2,200.00 REPLACE ELECTRIC METER COVER & ADJUST TO GRADE - 68 SIDEWALK 26 EA $200.00 $5,200.00 REPLACE ELECTRIC PULL BOX COVER & ADJUST TO GRADE - 69 SIDEWALK 44 EA $200.00 $8,800.00 REPLACE WATER METER COVER 70 & ADJUST TO GRADE - SIDEWALK 71 EA $200.00 $14,200.00 REPLACE WATER VALVE COVER 71 & ADJUST TO GRADE - SIDEWALK 7 EA $200.00 $1,400.00 REPLACE CABLE TV PULL BOX COVER & ADJUST TO GRADE - 72 SIDEWALK 6 EA $425.00 $2,550.00 REPLACE CLEANOUT COVER & 73 ADJUST TO GRADE - SIDEWALK 40 EA $200.00 $8,000.00 REPLACE GAS VALVE COVER & 74 ADJUST TO GRADE - SIDEWALK 6 EA $200.00 $1,200.00 REPLACE GAS METER COVER & 75 ADJUST TO GRADE - SIDEWALK 19 EA $200.00 $3,800.00 AGREEMENT • 4 PAINT STREETLIGHT POLES AND 76 HAND RAILING TOTAL SIDEWALK REHABILITATION ROADWAY REHABILITATION ITEMS MILL EXISTING PAVEMENT - 4 1/2" 77 DEEP BELOW F.G. 78 ROADWAY EXCAVATION (STREET) REMOVE UNDERLYING PCC 79 PAVEMENT 80 ASPHALT CONCRETE PAVING ASPHALT CONCRETE LEVELING �81 COURSE 82 PAVEMENT FABRIC ADJUST SANITARY SEWER 83 MANHOLE TO GRADE - STREET ADJUST STORM DRAIN MANHOLE 84 TO GRADE - STREET ADJUST WATER VALVE TO GRADE 85 -STREET ADJUST CABLE TELEVISION 86 VAULT TO GRADE - STREET INSTALL FIRE HYDRANT BLUE 87 MARKER 88 INSTALL BLUE CURB PAINT 89 INSTALL RED CURB PAINT INSTALL 12" WHITE STRIPE 90 (THERMOPLASTIC) INSTALL 24" WHITE STRIPE 191 (THERMOPLASTIC) INSTALL WHITE PAVEMENT MARKING (PAINT) BIKE SHARE - 92 THE -ROAD ARROW INSTALL WHITE PAVEMENT 93 MARKING (THERMOPLASTIC) INSTALL PAVEMENT MARKING DISABLED PARKING 94 (THERMOPLASTIC) INSTALL PARKING SPACE MARKING PER FIGURE 313-18 IN MUTCD 2003 CALIFORNIA 95 SUPPLEMENT (THERMOPLASTIC) INSTALL NEW D11-1 BIKE ROUTE 96 SIGN (24"X18") ON NEW POST INSTALL DETAIL 22 -NO PASSING 97 ZONE (THERMOPLASTIC) 1 LS $38,000.00 $38,000.00 $1,034,582.65 11,500 SY $4.60 $52,900.00 700 I CY $55.00 $38,500.00 160 CY $65.00 $10,400.00 4,000 I TON $91.00 $364,000.00 650 TON I $93.00 I $60,450.00 11,500 SY I $1.75 $20,125.00 13 EA I $800.00 $10,400.00 6 I EA I $800.00 $4,800.00 35 I EA I $525.00 $18,375.00 1 EA I $525.00 $525.00 9 I EA I $15.00 $135.00 20 LF I $1.20 I $24.00 1,200 LF I $1.20 $1,440.00 1,865 LF I $2.00 $3,730.00 600 I LF I $4.00 $2,400.00 150 SF $3.00 $450.00 500 SF I $4.50 I $2,250.00 1 EA $500.00 $500.00 300 LF $3.25 13 EA $260.00 2,200 LF I $2.00 $975.00 $3,380.00 $4,400.00 AGREEMENT • 5 AGREEMENT • 6 INSTALL DETAIL 37 - LANE DROP 98 (THERMOPLASTIC) 40 LF $2.00 $80.00 INSTALL DETAIL 38A - CHANNELIZING LINE 99 (THERMOPLASTIC) 275 LF $2.00 $550.00 TOTAL ROADWAY REHABILITATION $600,789.00 STORM DRAIN REHABILITATION REMOVE AND REPLACE 3-8" STORM DRAIN PIPE WITH CONCRETE ENCASED 3-8" PVC 100 PIPE 47 LF $195.00 $9,165.00 REMOVE AND REPLACE 18" STORM DRAIN PIPE WITH 18" RCP 101 SD PIPE 67 LF $122.00 $8,174.00 REMOVE AND REPLACE 24" STORM DRAIN PIPE WITH 15" RCP 102 SD PIPE 15 LF $253.00 $3,795.00 REMOVE AND REPLACE 24" STORM DRAIN PIPE WITH 24" RCP 103 SD PIPE 28 LF $300.00 $8,400.00 REMOVE AND REPLACE DI AT 104 1539 4TH STREET 1 EA $2,500.00 $2,500.00 REMOVE AND REPLACE AREA DRAIN (205 SHAVER & BEHIND 105 CAINES TIRES) 2 EA $1,450.00 $2,900.00 REMOVE AND REPLACE DI WITH 106 SDMH1 .... ....____...... EA $2,700.00 $2,700.00 107 INSTALL SDMH 7 EA$4,300.00 $30,100.00 108 INSTALL 12" PVC SD PIPE 165 LF $150.00 $24,750.00 109 INSTALL 24" RCP SD PIPE 575 LF $225.00 $129,375.00 TOTAL STORM DRAIN REHAB. $221,859.00 LANDSCAPE ITEMS TREE REMOVAL (INCLUDING 110 ROOTS) 107 EA $425.00 $45,475.00 INSTALL BRICK PAVING AND 111 ACCENT BANDS 360 SF $39.00 $14,040.00 INSTALL CONCRETE UNIT 112 PAVERS 12 SF $39.00 I $468.00 I CONCRETE SEAT WALLS - I I 113 PRECAST SQUARE END WALL 15 EA $2,700.00 $40,500.00 CONCRETE SEAT WALLS - I 114 PRECAST SEAT WALL, 12' LONG 10 EA $3,600.00 $36,000.00 CONCRETE SEAT WALLS - I 115 PRECAST SEAT WALL, 6'-8' LONG 5 EA $2,800.00 $14,000.00 I NCRETE SEAT WALLS - I I 116 ACOCENT GRILL AT SEAT WALL 15 EA $151.00 $2,265.00 AGREEMENT • 6 CONCRETE SEAT WALLS - RESET EXISTING CONCRETE WALLS AT E 117 STREET SITE FURNISHINGS - TRASH RECEPTACLE 'A' (W/OUT DOME 118 LID) SITE FURNISHINGS - TRASH RECEPTACLE'B' (W/OUT DOME 119 LID) SITE FURNISHINGS - BIKE RACK, 120 FREE STANDING SINGLE SITE FURNISHINGS - CAST IRON 121 TREE GRATE AND FRAME TYPE 'A' SITE FURNISHINGS - CAST IRON 122 TREE GRATE AND FRAME TYPE'S' 123 PLANTING - TREES (24" BOX) 124 PLANTING - SHRUBS (5 GAL) 125 PLANTING - SHRUBS (1 GAL) 126 PLANTING - ANNUALS (4" POTS) PLANTING - 6' METAL TREE 127 STAKES AT TREE GRATES PLANTING - 9' METAL STAKES AT 128 OPEN PLANTING AREAS 129 PLANTING - 18" ROOT BARRIER PLANTING - BARK MULCH (2" 130 LAYER) 131 PLANTING - SOIL PREPARATION 132 IRRIGATION TOTAL LANDSCAPE ITEMS LIGHTING AND ELECTRICAL ITEMS 133 12" X 33" JOINT TRENCH 134 12" X 39: JOINT TRENCH 135 11 1/2 INCH DIAMETER CONDUIT 136 12 INCH DIAMETER CONDUIT 137 2 1/2 INCH DIAMETER CONDUIT 138 , 3 INCH DIAMETER CONDUIT NO. 5 CALTRANS PULL BOX 139 (ELECTRIC) NO. 5 CALTRANS PULL BOX 140 (TRAFFIC SIGNAL) 2 EA $2,400.00 $4,800.00 23 EA $1,200.00 $27,600.00 4 EA $1,200.00 $4,800.00 36 EA I $725.00 I $26,100.00 81 EA I $1,550.00 I $125,550.00 13 I EA I $1,900.00 I $24,700.00 121 EA I $204.00 I $24,684.00 28 I EA I $15.25 I $427.00 160 I EA I $7.70 $1,232.00 110 I SF I $3.15 I $346.50 93 I EA I $34.50 I $3,208.50 28 I EA I $55.00 I $1,540.00 1,860 I LF I $4.60 I $8,556.00 4,225 I SF I $0.45 $1,901.25 4,175 I SF I $0.53 $2,212.75 I $145,300.0 I I 1 LS 0 $145,300.00 $555,706.00 5,500 I LF $18.00 $99,000.00 2,100 I LF $20.00 $42,000.00 10,700 I LF $1.50 I $16,050.00 4,000 LF I $2.00 I $8,000.00 100 LF I $2.50 I $250.00 3,300 LF I $3.00 I $9,900.00 115 EA I $250.00 I $28,750.00 15 EA I $250.00 I $3,750.00 AGREEMENT • 7 SF $5.00 LF $41.00 LF $112.00 SF $5.00 LF $41.00 $1,000.00 $2,050.00 $4,928.00 $7,978.00 $900.00 $1,845.00 $2,745.00 GRAND TOTAL $3,278,234.65 VI - 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. AGREEMENT • 8 NO. 5 CALTRANS PULL BOX 150 CONSTRUCT PCC SIDEWALK 200 141 (STREET LIGHT) 40 EA $250.00 $10,000.00 NO. 6 CALTRANS PULL BOX 152 GRATE44 142 (ELECTRIC) 20 EA $300.00 $6,000.00 NO. 23 CALTRANS PULL BOX 153 CONSTRUCT PCC SIDEWALK I 143 (ELECTRIC) 8 EA $500.00 $4,000.00 144 EVENT RECEPTACLES I 20 EA $1,500.00 $30,000.00 145 ELECTRIC SERVICE ENCLOSURE I 3 EA $11,000.00 $33,000.00 RELOCATE OR REMOVE/REPLACE I I 146 STREET LIGHTS 35 EA $2,600.00 $91,000.00 147 BAND RECEPTACLES 2 I EA $1,900.00 $3,800.00 148 TREE UP -LIGHTING 28 EA $2,600.00 $72,800.00 149 TREE ACCENT LIGHTING I 107 EA $575.00 I $61,525.00 TOTAL LIGHTING AND ELECTRICAL I $519,825.00 SF $5.00 LF $41.00 LF $112.00 SF $5.00 LF $41.00 $1,000.00 $2,050.00 $4,928.00 $7,978.00 $900.00 $1,845.00 $2,745.00 GRAND TOTAL $3,278,234.65 VI - 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. AGREEMENT • 8 PIER 6 MID -BLOCK BULB -OUT 150 CONSTRUCT PCC SIDEWALK 200 CONSTRUCT PCC CURB AND 151 GUTTER 50 CONSTRUCT TRENCH DRAIN AND 152 GRATE44 TOTAL PIER 6 MID -BLOCK BULB -OUT MAYFLOWER MID -BLOCK BULB - OUT 153 CONSTRUCT PCC SIDEWALK I 180 CONSTRUCT PCC CURB AND 154 GUTTER 45 SF $5.00 LF $41.00 LF $112.00 SF $5.00 LF $41.00 $1,000.00 $2,050.00 $4,928.00 $7,978.00 $900.00 $1,845.00 $2,745.00 GRAND TOTAL $3,278,234.65 VI - 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. AGREEMENT • 8 (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. VII - 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 AN RAFAEL: zs e e-- 9-e Esther C. Beirne ber, Bo roJ ,� . ............ .... _.m_ f City Clerk Mayor Stacy L Magill APPR AS CONTRACTOR: V i Ro pert F. Elo pst i City Attorney for, JJ Richard W. GhiloG PresidenCREEMENT 9 MILLENNIUM CORPORATE PARK S A F E C ®® BLDG. C )' 18400 NE UNION HILL ROAD REDMOND, WA 98052 CONTRACT BOND - CALIFORNIA EXECUTED IN TRIPLIC1= Bond #6543848 FAITHFUL PERFORMANCE - Initial premium charged for this bond is PUBLIC WORK $19,602.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That , . _�� CONSTRUCTION COWANY, INC of 246 GHILOTTI AVENUE, SANTA ROSA, CA 95407„ as Principal, and the SAO INSURANCE COMPANY OF AMERICA , a corporation organized and existing _. under the laws of the State of Washinciton and authorized to transact surety business in the State of California, as Surety, aie held and finely bound unto,_.- ..CITY Or SAN RAFAEL _....... P. O. BOR 151560 SAN RAFAEL, CA 94915-1560 in the sum of THREE t1ILLION TWO HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED 7111M FOUR &_ 65/100 ONLY .W. ... Dollars ($ $3,278,234.65 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated APRIL 7 2008 , with the CITY Or SAN RAFAEL to do and perform the following work, to -wit: FOURTH STREET 14EST REHABILITATION / WEST END VILLAGE PROJECT - REBID, PROJECT NO. 11056 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 7th day of APRIL , 2008 COMANY, Principal 2' R +4 SAFECO INSURANCE COMPANY OF AMERICA By J PILGARD, - -a Attorne y -in -Fact S-0815/SAEF 10/99 0 Registered trademark of SArECO Corporation. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO} On APRIL 7, 2008 , before me, Susan Fournier, a notary public, personally appeared, Jana B. Pilgard, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN FOURNIER COMM. #1515518 NOTARY PUBLIC • CALIFORNIA SACRAMENTO COUNTY Comm. Exp. SEPT. 25, 2008 MILLENNIUM CORPORATE PARK CO' BLDG. C r�a 18400 NE UNION HILL ROAD REDMOND, WA 98052 Vu�v IN TRIPLICATE Bond *6543848 CONTRACT BOND - CALIFORNIA PM]Iai INCLUDED PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, GHILOTTI CONSTRUCTION Coa,1PARY, INC. and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing p g g under the laws of the State of Washing ton and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL P. 0,. BOX 151560 , SAN RAFAEL CA 94915- ' ]560 . , as Obligee, ur the sum of THREE MIIJ ION Tido HUNDRED SEVENTY EIGHT THOUSAND TWO HUNDRED THIRTY FOUR & 65/100 ONLY ***x ------ Dollars . ... ..._ ...... ..w,.w.._, $ $3,278,234.65 �> for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigus, •jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 7th day of APRIL 2008 , with the Obligee to do and perform the following work, to -wit: FOURTH STREET 14EST REHABILITATION / W13ST END VILLAGE PROJECT - REBID, PROJECT NO. 11056 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to therm or their assigns in any suit brought upon this bond. Signed, sealed and dated this 7th day of APRIL , 2008 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. GHILOTTI F! Y' M 1 1 I' �®P rt tichard 1 • sident SAFECO INSURANCE COMPANY OF AMERICA Byt4—P JANA B. PILGARI) Attorney -in -Fact 4 '`rt rt .rt` rt • art♦ , a CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA} ss COUNTY OF SACRAMENTO} On APRU 7, 2008 , before me, Susan Fournier, a notary public, personally appeared, Jana B. Pilgard, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J SUSAN FOURNIER COMM.1�1515518 NOTAttY PUBLIC CAUMRNM 1 SACRAMENTO COUNTY ,� � wmm. tXp. SEPT. 25, 2008 SAFECO INSURANCE COMPANY OF AMERICA S A F E C a POWER GENERAL INSURANCE COMPANY OF AMERICA 1 OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 5490 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********ROBERT D. LAUX; DONA LISA BUSCHMANN; J. BUSCHMANN; SUSAN FOURNIER; JANA B. PILGARD; KATHY RANGEL; Sacramento, Califomia********* its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of April 2002 R.A. PIERSON, SECRETARY MIKE M GAVICK, PRESIDENT _ ..,,,..mm ..._ -. CERTIFICATE.„ Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation n0" `�Ar 1953 /oa this CORPORATE ' SEAL X A 7th day of APRIL R.A. PIERSON, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 04/24/2002 PDF ACORD,, CERTIFICATE OF LIABILITY INSURANCE I DATE 20081 04/ 15/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff -Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 Bush St., 7th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE NAIC # INSURED I INSURER A. National Union Fire Insurance Company of Pittsburgh, PA 19445 Ghilotti Construction Company, Inc. I INSURER B: Old Republic General Insurance Corporation 24139 246 Ghilotti Avenue I INSURER C: Santa Rosa, CA 95407 I INSURER D: I 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. NSR ADD'L LTR NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATF_/MMIDD/YY1 PATE IMM/DDIYYI LIMBS GENERAL LIABILITY AlCG37540804 X 03/31/2008 03/31/2009 EACH OCCURRENCE $ 2,000,000 B X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I PREMISES (Ea occurencel $ 100,000 CLAIMS MADE � OCCUR I MED EXP (Any one person) $ 5,000 I PERSONAL 8 ADV INJURY $ 2,000,000 _ GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY I /� I JECOT F—] LOC B ALY OMOBILE LIABILITY AICA37540804 03/31/2008 03/31/2009 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ ONLY: AUTO AGG $ EXCESS/UMBRELLA LIABILITY BE2858780 03/31/2008 03/31/2009EACH OCCURRENCE $ 3,000,000 I A 7 OCCUR EICLAIMS MADE AGGREGATE $ 3.000.000 $ DEDUCTIBLE +I I $ RETENTION $ $ I I I I OFR WORKERS COMPENSATION AND TORY I IMUS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEE_ $ If yes, describe under I $ SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS GCC job #5223, Fourth Street West rehabilitation/West End Village Project -Rebid -Project #11056. It is herby understood & agreed that the City of San Rafael, its officers, agents, & employees, are additional insured hereunder but only as respects liability arising out of the land &/or property and/or work described in the Public Works contract for the project entitles, Fourth Street West Rehabilitation/West End Village Project No.. 11056 between the City of San Rafael & Ghilotti Construction Co. for the work & the improvements described therein. Additional insured form CG 20 10 07 04, CG 20 37 07 04 attached. Separation of the insured applies per form CG 00 01 12 04 attached. CERTIFICATE HOLDER City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 I LOAN #: ACORD 25 (2001/08) ID #: CANCELLATION 10 Day Notice for Non-Pavment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL E %10fRWMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTA © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) NAMED INSURED: Ghilotti Construction Company, Inc. POLICY NUMBER: AICG37540804 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s): City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 SCHEDULE Location(s) Of Covered Operations GCC job #5223, Fourth Street West rehabilitation/West End Village Project -Rebid -Project #11056. It is herby understood & agreed that the City of San Rafael, its officers, agents, & employees, are additional insured hereunder but only as respects liability arising out of the land &/or property and/or work described in the Public Works contract for the project entitles, Fourth Street West Rehabilitation/West End Village Project No.. 11056 between the City of San Rafael & Ghilotti Construction Co. for the work & the improvements described therein. Additional insured form CG 20 10 07 04, CG 20 37 07 04 attached Senaration of the insured annlies ner form CG 00 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 NAMED INSURED: Ghilotti Construction Company, Inc. POLICY NUMBER: AICG37540804 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s)- City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 SCHEDULE Location And Description Of Completed Operations GCC job #5223, Fourth Street West rehabilitation/West End Villag( Project -Rebid -Project #11056. It is herby understood & agreed that the City of San Rafael, its officers, agents, & employees, are additional insured hereunder but only as respects liability arising out of the land &/or property and/or work described in the Public Works contract for the project entitles, Fourth Street West Rehabilitation/West End Village Project No.. 11056 between the City of San Rafael & Ghilotti Construction Co. for the work & the improvements described therein. Additional insured form CG 20 10 07 04, CG 20 37 07 04 attached. Separation of the insured applies per form CG 00 01 12 04 attached. Information required to complete this Scherlitle, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM ACORD. CERTIFICATE OF LIABILITY INSURANtoE I DATE 04/15/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff -Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Bush St., 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Old Republic General Insurance Corporation 24139 Ghilotti Construction Company, Inc. I 246 Ghilotti Avenue INSURER B: I INSURER C: Santa Rosa, CA 95407 I INSURER D: I I 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. iNSR 4DD'y LTR iNSRr TYPE nF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMM/DDIM DATA (MMIDD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED I COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ CLAIMS MADE D OCCUR I MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ I PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE LIMIT API�PLIES PER: —1 POLICY FI FR I I LOC R..7 Al OMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) _ HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) _ PROPERTY DAMAGE $ (Per accident) I AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR EICLAIMS MADE I AGGREGATE $ $ DEDUCTIBLE I $ RETENTION $ I $ WC STATU- OTH- I WORKERSCOMPENSATION AND AICW37540704 A 10/01/2007 10/01/2008 XITnRYI IMITSI FR j EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT $ 1.000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 I E.L. DISEASE - EA EMPLOYEE $ 1,000.000 If yes, describe under E.L. DISEASE POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below - OTHER $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS GCC job #5223, Fourth Street West rehabilitation/West End Village Project -Rebid -Project #11056. CERTIFICATE HOLDER City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94515-1560 I LOAN #: ACORD 25 (2001/08) ID #: CANCELLATION 10 Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL rfflAMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTMMXWJMWMW AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 Ghilotti Construction Co. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete.- b. omplete;b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS i. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web- site that is about your goods, products or ser- vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or Policy No: AICG37540804 b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 4. "Coverage territory' means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or simi- lar electronic means of communication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar gov?rning document. 7. "Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 8. "Impaired property' means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of "your product" or "your work", or Page 12 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 4CORD 25 (2001/08)