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Home My WebLink AboutCC Resolution 12000 (Glenaire Dr. Drainage Impr.)RESOLUTION NO. 12000 A RESOLUTION AWARDING CONTRACT FOR GLENAIRE DRIVE NO. 16-20 DRAINAGE IMPROVEMENTS TO E.E. GILBERT CONSTRUCTION, INC., IN THE AMOUNT OF $256,085 BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on the 27th day of June, 2006, 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: "GLENAIRE DRIVE NO. 16-20 DRAINAGE IMPROVEMENTS" PROJECT NO. 11067 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of E. E. Gilbert Construction, Inc., at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefore; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of E. E. Gilbert Construction, Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and s,q fr" - �0 t�6j1 1i :. the same is hereby awarded to said E. E. Gilbert Construction, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with E.E. Gilbert Construction, Inc. for said work and to return the bidders bond upon the execution of said contract. RESOLVED, FURTHER, that the Council does hereby authorize the Public Works Director to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 17th day of July, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAMNE M. 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City of San Rafael a California Form of Contract Agreement for Glenaire Drive No. 16-20 Drainage Improvements Project No. 11067 This Agreement is made and entered into this 17 day of July 2006 by and between the City of San Rafael (hereinafter called City) and E.E. Gilbert Construction, Inc. (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: Glenaire Drive No. 16-20 Drainage Improvements Project No. 11067, 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 5 calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 45 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 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 1. SITE IA. Site Clearing, Grubbing 1B. Construction Staking 2. DEMOLITION 2A. Concrete Curb/Gutter, 2' Concrete Wall 2B. Trees & Roots Removal 2C, Remove Ex. Headwall Drop Inlets (2) 2D. Remove Fence 2E. Remove Ex. Storm Drain & Manhole 2G. Remove Irwin St. Inlet 3. Furnish and Install Storm Drain System 3A. 24" PVC (SDR 32.5) Pipe 3B. MH (UCS #203, Type B) 3C. Connection to Ex. 24" RCP 3D. Cast -in -Place drainage inlet 3E. Trash Rack (Custom) 3F. Trash Rack (UCS #250) 3G. Rip -Rap 3H. Irwin Street Inlet 4. Furnish & Install Concrete 4A. 24" Wide Rolled C/G 4B. 48" Wide Sidewalk 4C. 24" High Retaining Wall QUANTITY UNIT UNIT PRICE TOTAL PRICE S 1 LS 10,303.00 10,303.00 1 LS 4,752.00 4,752.00 1 LS 5,715.00 5,715.00 1 LS 7,628.00 7,628.00 1 LS 9,549.00 9,549.00 1 LS 5,438.00 5,438.00 1 LS 7,798.00 7,798.00 1 LS 7084.00 7084.00 145 LF 348.25 50,496.00 1 EA 8,171.00 8,171.00 1 LS 2,952.00 2,952.00 1 EA 8,333.00 8,333.00 1 EA 7,933.00 7,933.00 1 EA 7,665.00 7,665.00 40 Tons 72.60 2,904.00 1 LS 22,467.00 22,467.00 25 LF 115.08 2,877.00 25 LF 120.56 3,014.00 25 LF 225.24 5,631.00 AGREEMENT 2 5. Furnish & Install Concrete Retaining Walls 5A. 18" Concrete Piers 110 LF 115.39 12,693.00 5B. 8" Concrete Retaining Wall 325 SF 72.65 23,620.00 5C. 8" Concrete Weir Wall 17 LF 649.12 11,035.00 6. Furnish & Install Fencing 6A. Wood Fence 77 LF 215.96 16,629.00 7. Furnish & Install Trees 7A. Trees 4 EA 1,264.75 5,059.00 8. Furnish & Install AC Berm 8A. 6" AC Berm 270 LF 16.80 4,536.00 Total $256,085.00 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the 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. AGREEMENT • 3 (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: A. - JeWhe M. Leoncini City Clerk APPROVE=D �ff0 FARM: Gary T. 9hi�anti �ag City Attorney CITY OF N RAFAEL- A bert/Boro t Mayor E.E. Gilbert Construction, Inc. for 5,6� � . 6;16er=� AGREEMENT • 4 MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF E.E. GILBERT CONSTRUCTION, INC. The Special meeting of the board of directors of E.E. Gilbert Construction, Inc., a California corporation (the "Corporation"), was held on the 25th day of July, 2006 at 155 Howe Rd., Martinez, California, commencing at 1:00 PM. ATTENDANCE: The following directors were in attendance at the meeting: Name of Director Method of Attendance Shane E. Gilbert Personally Present Shane E. Gilbert Personally Present Shane E. Gilbert acted as Chairman of the meeting and Shane E. Gilbert acted as secretary. PRELIMINARY MATTERS: The Chairman called the meeting to order and noted there were two in attendance, constituting a valid voting quorum as required pursuant to the Corporation's bylaws. The Chairman then stated that all of the Directors in attendance had by their presence at the meeting waived their right to receive advance notice of the meeting. The Chairman directed the Secretary to prepare written waivers documenting that fact, obtain the signature of each Director on his or her waiver, and place the signed waivers along with the meeting minutes in the Corporate minute book. ORDER OF BUSINESS: The Chairman then turned to the order of business for the meeting. The Chairman then introduced the next order of business. Resolution to authorize Shane E. Gilbert to bind E.E. Gilbert Construction, Inc. by sole signature as President, Secratary and Treasurer into contracts. After the discussion and upon motion duly made and carried, IT WAS RESOLVED that Shane E. Gilbert is authorized to bind E.E. Gilbert Construction, Inc. by sole signature into contracts.. The Corporate officers are hereby authorized and directed to take such steps as are necessary to effectuate this resolution. ADJOURNMENT: There being no further business, the Chairman adjourned the meeting. SECRETARY'S CERTIFICATION: I, Shane E. Gilbert, hereby certify that I acted as the Secretary for the Special Meeting of the E.E. Gilbert Construction, Inc. Board of Directors meeting held the 25th day of July, 2006 and that the foregoing minutes constitute a reasonably accurate record of that meeting. SECRETARY: Shane E. Gilbert INSCO INSURANCE SERVICES, INC. 'nsc%1c:0 Underwriting Manager for: (�gQF2)Mp Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 PERFORMANCE BOND — PUBLIC WORK BOND EXECUTED IN TRIPLICATE Bond No. 720454P $ 5,075.00 premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, E. E. GILBERT CONSTRUCTION, INC. As Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation duly authorized under the laws of the State of CALIFORNIA to become surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL As Obligee in the full and just sum of TWO HUNDRED FIFTY-SIX THOUSAND EIGHTY-FIVE AND NO/100THS -- Dollars, ($ 256,085.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated JULY 17 2006 , with the Obligee to do and perform the following work, to -wit: YEAR GLENAIRE DRIVE NO. 16 - 20 DRAINAGE IMPROVEMENTS PROJECT NO. 11067 as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 17TH day of JULY 2006 YEAR E. E. GILBERT CONSTRUCTION, INC. Principal ID -1219 (CA) (REV. 2101) DEVELOPERS SURETY AND INDEMNITY COMPANY By JOAN DeLUCA Attomey-in-Fact ACKNOWLEDGMENT State of California County of SONOMA On JULY 17, 2006 before me, LAWRENCE J. COYNE, NOTARY PUBLIC (here insert name and title of the officer) personally appeared JOAN T)nTTTCA. ATTORNEY-IN-FACT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aF&subscribed to the within instrument and acknowledged to me that he/s�eftf executed the same in hislher if- authorized capacity(+es), and that by his/hef/theii; signature(e) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal Signature�- �� v AQLAWRENCE J. COYNE ' c r . COMM. #1521676 ., '°� ,;`. �, NOTARY PUBLIC -CALIFORNIA � 4' ' SONOMA COUNTY j ° '✓ PAy Comm. Expires Oct. 24, 2008 (Seal) 0 I] 4DJ9 INSCO INSURANCE SERVICES, INC. insc%1�Q Underwriting Manager for: C9pO9p Developers Surety and Indemnity Company Indemnity Company of California 17760 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 PAYMENT BOND — PUBLIC WORK BOND EXECUTE IN TRIPLICATE Bond No. 720454P Premium included in Performance bond KNOW ALL MEN BY THESE PRESENTS, That E. E. GILBERT CONSTRUCTION, INC. , as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY , a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee in the sum of TWO HUNDRED FIFTY-SIX THOUSAND EIGHTY-FIVE AND NO/100THS Dollars ($ 256,085.00 ) for the payment whereof, in lawful money of the United States, 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 JULY 17 2006 , with the obligee to do the following work, to wit: YEAR GLENAIRE DRIVE NO. 16 - 20 DRAINAGE IMPROVEMENTS PROJECT NO. 11067 Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant 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 by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, and attorney's fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 17TH day of JULY 2006 YEAR E. E. GILBERT CONSTRUTION, INC. Principal ID -1210 (CA) (REV. 1/01) DEVELOPERS SURETY AND INDEMNITY COMPANY Surety f By JOAN DeLUCA Attomey-in-Fact ACKNOWLEDGMENT State of California County of SONOMA On JULY 17, 2006 before me, LAWRENCE J. COYNE, NOTARY PUBLIC (here insert name and title of the officer) i personally appeared JOAN D-.TUnA . ATTORNEY-IN-FACT personally known to me (or proved to me on the basis of satisfactory evidence) to be i the person(s}whose name(s-) is/a-F& subscribed to the within instrument and acknowledged to me that he/s executed the same in his/heqtheir authorized capacity(ies), and that by histheffheifsignature(-&) on the instrument the person(-&), i or the entity upon behalf of which the person(s} acted, executed the instrument. i WITNESS my hand and official seal. Signature.a1: LAWRENCE J. COYNE COMM. #1521676 V "�' •" NOTARY PUBLIC -CALIFORNIA n SONOMA COUNTY j My Comm Expires Oct. 24, 2008 (Seal) W POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *** Lawrence J. Coyne, Kelly Holtemann, Thomas E. Hughes, Joan De Luca, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or 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. WITNESS my hand and official seal. Signature (� GINA L. GARNER 'COMM. # 1569561 SEAL NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ARv comm expires M -13, 2009 a' , CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 1 7TH day of JULY , 2006 By Albert Hillebrand, Assistant Secretary ID -1380 (Rev. 12/05) By: - �V AND /NO,,� David H. Rhodes, Executive Vice -President 4 ,OSP . ORAr%41 cyi. etr; OCT. °J 10 .o. -o.1936• . ; Walter A. Crowell, Secretary%'7�'., /pyyp ,.•baa,-' STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or 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. WITNESS my hand and official seal. Signature (� GINA L. GARNER 'COMM. # 1569561 SEAL NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ARv comm expires M -13, 2009 a' , CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 1 7TH day of JULY , 2006 By Albert Hillebrand, Assistant Secretary ID -1380 (Rev. 12/05) Client#: 15880 GILBECON ACO.F:D. CERTIFICA ; OF LIABILITY INSUF ,NCE I 0DATE 3/27/06DnYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1670 Corporate Circle, #201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 Petaluma, CA 94955-4409 INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURERA: Travelers Property Casualty Co of Am 25674 E.E. Gilbert Construction I INSURER B: State Compensation Insurance Fund of 35076 155 Howe Rd. I INSURER C: Martinez, CA 94553 I INSURER D: 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 ADD'dPOLICY EFFECTIVE LTR INSRTYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) POLICY EXPIRATION LIMITS DATE (MR D/YYI A GENERAL LIABILITY DTEC0876X5955TIL05 06/01/05 06/01/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY I DAMAGE PREMISES $300,000 PREMISESS (Ea occurrence) CLAIMS MADE FX_1 OCCUR I MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 X OCP I GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT AP�PLIES PER: I PRODUCTS - COMP/OPAGG $2,000,000 PRO - POLICY n ECT f7 I LOC A AU'OMOBILELIABILITY DT810876X5955TIL05 06/01/05 06/01/06 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ I _ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT ANY AUTO Is OTHER THAN EA ACC $ AUTO ONLY: AGG IS EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE Is IOCCUR FICLAIMS MADE I AGGREGATE Is DEDUCTIBLE Is I $ I Is RETENTION $ B WORKERS COMPENSATION AND 6676098 10/01/05 10/01/06 I X I TORY LIMITS I IOER EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT I $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ij E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under I E.L. DISEASE LIMIT I $1,000,000 SPECIAL PROVISIONS below -POLICY OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Cancellation: Except 10 day notice for non-payment of premium. Re: Glenaire Drive Nos. 16-20 Drainage improvement project. Project No. 11080. City of San Rafael, it's officers, agents, and employees are additional (See Attached Descriptions) CERTIFICATE HOLDER City of San Rafael Department of Public Works P.O. Box 151560 San Rafael, CA 94915 ACORD 25 (2001/08) 1 of 3 #S83739/M79184 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 9b05M X§tMAIL 3n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JiEn*PA%=)1A 0iQ x)dx 107PRIdItX0i70f7D0JiXdt4GfC4lOC101C�JCOCXJQ6CXOCt6(CCl(Dt�QRQNCTt3EXDi9pti>FRX�(9Q�f��R;g7QdtXXX Rg�,H R(Zf_DREPRXE jAUTH R ZED REPRESENTATIVE r I I%�W C rh 41 i -v /S. -l l/ �rG'e %/t '�_ R9R � O ACORD�ORPORATION 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-S (2001/08) 2 of 3 #S83739/M79184 DES :IPTIONS (Continued from F je 1) insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, Glenaire Drive 16-20 Storm Drainage Improvements, Project No. 11080 between the City of San Rafael and E.E. Gilbert Construction for the work and improvement described therein. AMS 25.3 (2001/08) 3 of 3 #S83739/M79184 Cc" MERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY— CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which cover- age is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- cations; and IL Supervisory or inspection activities per- formed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily in- jury" or "property damage caused by "your work" included in the "products -completed operations hazard". 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I — Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which- coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this in- surance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occur- rence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any Insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against'l.-refers 'CG D2 48 10 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 COMMERCIAL GENERAL LIAR 'TY to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2002 CG D2 48 10 02 009521