No preview available
HomeMy WebLinkAboutCC Resolution 12146 (Margarita Park ADA Compliance; Ghilotti Bros)RESOLUTION NO. 12146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR SUN VALLEY PARK AND SANTA MARGARITA PARK ADA COMPLIANCE, PROJECT NO. 11041, TO GHILOTTI BROS., INC. IN THE AMOUNT OF $473,269.00. WHEREAS, on the 24`h day of October, 2006, 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: "SUN VALLEY PARK AND SANTA MARGARITA PARK ADA COMPLIANCE" PROJECT NO. 11041 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Bros., 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, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Bros., Inc. 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 Bros., Inc. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. 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, JEANNE M. LEONCINI, 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 6th day of November, 2006, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEANA M. LEONCINI�iClerk File No. 22.04.38 City of San Rafael + California Form of Contract Agreement for SUN VALLEY PARK & SANTA MARGARITA PARK ADA COMPLIANCE Project No.: 11041 This Agreement is made and entered into this 6"' day of November 2006 by and between the City of San Rafael (hereinafter called City) and GHILOTTI BROS. INC. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: lI - 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: Sun Valley Park & Santa Margarita Park ADA Compliance, Project No: 11041, 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 sixty (60) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. 111I - 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 ITEM Mobilization Demolition a) Restroom building removal, Sun Valley b) Restroom building removal, Santa Margarita c) AC paving removal, including base d) Existing arbor and conc. Picnic table removal Earthwork Aspahlt Concrete Paving (includes base) Concrete a) Concrete curb/retaining wall b) Concrete paving, including base c) Concrete steps, including base d) Concrete curb ramp, including base Site Furnishings a) Drinking fountain b) Post and cable barrier c) Handrails d) Picnic Tables e) Accessible parking signage, striping, wheel stop f) Shade structure (including footings) Utilities Restroom Buildings a) Restroom at Sun Valley Park b) Restroom at Santa Margarita Park Turf sod and irrigation adjustment V - Progress Payments UNIT I EST QTY I UNIT PRICE, $ I TOTAL, $ LS 1 29,759.00 29,759.00 LS 1 15,000.00 15,000.00 LS 1 15,000.00 15,000.00 LS 1 18,000.00 18,000.00 LS 1 5,000.00 5,000.00 LS 1 15,000.00 15,000.00 SF 2,200 8.50 18,700.00 LF 95 270.00 25,650.00 SF 1,100 11.00 12,100.00 LS 1 7,000.00 7,000.00 LS 1 5,000.00 5,000.00 EA 2 3,500.00 7,000.00 LF 42 80.00 3,360.00 LF 260 95.00 24,700.00 EA 3 2,500.00 7,500.00 LS 1 1,500.00 1,500.00 LS 1 30,000.00 30,000.00 LS 1 4,000.00 4,000.00 LS 1 113,000.00 113,000.00 LS 1 110,000.00 110,000.00 LS 1 6,000.00 6,000.00 Grand Total 173,269.00 (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. AGREEMENT • 2 (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. (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. AGREEMENT • 3 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: li anne M. Leoncini City Clerk CITY OF SAN RAFAEL: r l A ert koro Mayor CONTRACTOR: GMOM IMES., INC. ary T. W,ianti City Ay for / � K GHIL M File No.: 22.04.38 FRANKMA RUONA SENIOR VICE PRESIDENT AGREEMENT • 4 BOND EXECUTED IN TRIPLICATE FAITHFUL PERFORMANCE BOND Bond Nn 08446267 PUBLIC WORK (The premium charged on this bond is $ 3,324.00 , being at the rate of % 100r 000 (a 83 75%M per thousand of the contract price) 373,269 @ 6.56/M KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the CITY OF SAN RAFAEL State of California, entered into a contract dated NOVEMBER 6TH 2006 with GHILOTTI BROS., INC. hereinafter designated as the "Principal," for the work described as follows: SUN VALLEY PARK & SANTA MARGARITA PARK ADA COMPLIANCE PROJECT NO: 11041 and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , corporation organized and existing under the laws of the State of MARYLAND , and duly authorized to transact business under the laws of the State of California, as Surety, are held and finely bound unto CITY OF SAN RAFAEL in the penal sum of FOUR HUNDRED SEVENTY THREE THOUSAND TWO HUNDRED * Dollars ($ 473,269.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. RROIV;MA 8F THIRUDLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the CITY OF SAN RAFAEL its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 6TH day of NOVEMBER 2006 PRF71001 CA0201 f GHILOTTI BROS., INC. Principal By MICHAEL M. GHILOTTI, �RESIDENT/TREASURER FIDELITY AND DEPOSIT COMPANY OF MARYLAND By t�t��_ LAWRENCE J. 21YNE� Attonney-in-Fact I ACKNOWLEDGMENT State of California County of Marin pn November 6, 2006 before me, Lori J Nelson, Notary Public , (here insert name and title of the officer) personally appeared Michael M. Ghilotti President/Treasurer .1 I personally known to me ) to be the person(&) whose name(a) is/aFe subscribed to the within instrument and acknowledged to me that he/%he/tbey-executed the same in hisAer/tl4etr authorized capacity(4es), and that by his/bw-4thak-signature(eyon the instrument the person(4,, or the entity upon behalf of which the person(.&) -acted, executed the instrument. LORI J. NELSON WITNESS my hand and official seal. Commission # 1660746 -m s Notary Public - California Marin County Signature /lam MY Comm. Expires Apr 25,201 4 (Seal) ACKNOWLEDGMENT State of California County of SONOMA On 11/6/06 before me, personally appeared J. DeLUCA, NOTARY PUBLIC (here insert name and title of the officer) LAWRENCE J. COTNE, ATTQMTW.TN-FA rm personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(e) is/tee subscribed to the within instrument and acknowledged to me that he/she_41:�-_y executed the same in hisht eUthai� authorized capacity(+_-�, and that by his/#;eFA#eir signature(&) 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 U _ J. DE CA COMM. #115 U - NOTARY PUBLIC -CALIFORNIA j • SONOMA COUNTY My Cumm Expires -Ort 24, 2008 V � Y (Seal) , 13OND EXECUTED IN TRIPLICATE Bond No. 08446267 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas CITY OF SAN RAFAEL has awarded to GHILOTTI BROS., INC. as Principal, a contract for the work described as follows: SUN VALLEY PARK & SANTA MARGARITA PARK ADA COMPLIANCE, PROJECT NO: 11041 AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the CITY OF SAN RAFAEL in the amount required by law, the sum of FOUR HUNDRED SEVENTY THREE THOUSAND TWO HUNDRED SIXTY NINE & 00/100 -- Dollars (S 473,269.00 ) for which payment well and truly be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001 CA0202f In witness Whereof, We have hereunto set our hand and seals this 6TH day of NOVEMBER 2006 GHILOTTI BROS., INC. Principal By: MICHAEL M. GHIL=, RESIDENT/TREASURER FIDELITY -AND ND D1qOS T C (DMPANY OF MARYLAND By: r. LAWRENCE 1 COYNE-' , Attorney -In -Fact I ACKNOWLEDGMENT State of California County of Marin before efore me, November 6, 2006 Lori J Nelson, Notary Public (here insert name and title of the officer) personally appeared Michael M. Ghilotti President/Treasurer personally known to me ) to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(4es), and that by his/heatbeif-signature($�-on the instrument the person(4, or the entity upon behalf of which the person(er -acted, executed the instrument. WITNESS my hand and official seal. Signature lu LORI I NELSON QNotoCommission # 1660746 Public ry Marin County My Comm. Expires Apr 25, 20101 (Seal) ACKNOWLEDGMENT State of California County of SONOMA On 11/6/06 before me, personally appeared J. DeLUCA, NOTARY PUBLIC (here insert name and title of the officer) LAWRENCE J. CO-YNE, ATTQPTTP7-T-NT-FA nT personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/=aFe subscribed to the within instrument and acknowledged to me that he/sheil-t#ey- executed the same in his/hec/fheir authorized capacity(is�, and that by his/,1eF##eixF signature(&) 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 E° J. UE LUCA COMM. #1521691 3 = NOTARY PUBLIC CALIFORNIA n SONOMA COUNTY -� My Comm. Expires OCI.24, 2008 r � y, V• (Seal) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d tQ ereby nominate, constitute and appoint Goran G.E. RYN, Lawrence J. COYNE, Kell d LUCA, all of Petaluma, California, EACH its true and lawful agent and ma d deliver, for, and on its behalf as surety, and as its act and deed: any an o n e i xecution of such bonds or undertakings in pursuance of these prese 1 in , as fully and amply, to all intents and purposes, as if they had been dt ac ularly elected officers of the Company at its office in Baltimore, Md., Per attorney revokes that issued on behalf of Goran G.E. RYN, Lawrence J. CO 0� ELUCA, dated June 27, 2005. The said Assistant C eseby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of April, A.D. 2006. ATTEST: 'gyp utpo'r O O r rwrr ; W T Im 1: q v,nml• State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,4-a -� �� Gerald F. Haley Assistant Secretary By: Theodore G. Martinez On this 21st day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Maria D. Adamski Nota(y Public My Commission Expires: July 8, 2007 POA -F= 016-3366 Client#: 15858 VHILOBRO ACORD. CERTIFICATE OF LIABILITY INSURANCE 1DATE (MMID 1/13/06D�) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1670 Corporate Circle, #201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Box 4409 Petaluma, CA 94955-4409 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER Zurich American Ins Co IL 27855 Ghilotti Bros., Inc. I INSURER B. 525 Jacoby Street I San Rafael, CA 94901 INSURER C. 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' LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDD/YYI DATE IMM/DD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES (Ea occurrencel_ CLAIMS MADE FlOCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. I PRODUCTS - COMP/OP AGG $ POLICY JEC F-1 LOC AUTOMOBILE 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) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I $ ANY AUTO I OTHER THAN EA ACC I $ AUTO ONLY: AGG I $ EXCESSIUMBRELLA LIABILITY I EACH OCCURRENCE I $ 7 OCCUR FICLAIMS MADE I AGGREGATE I $ I$ DEDUCTIBLE I I $ RETENTION $ I I+ $ A WORKERS COMPENSATION AND WC4277614 10/01/06 10/01/07 X I TORY I IIMIT OTR EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT I $1,000,ODU ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEE1 $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cancellation: Except for ten day notice for non-payment of premium. Re: GBI Job No. 06430 Sun Valley Park & Santa Margarita Park ADA Compliance - Project #: 11041 CERTIFICATE HOLDER City of San Rafael Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25 (2001108) 1 of 2 #S87921/M87076 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RVa0MJtXJt MAIL gyp_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AXJtR%17 X Rdw+s,:.9A..d 1A, dARX AUTHORIZED REPRESENTATIVE J9RJM ©ACO 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-S (2001/08) 2 Of 2 #S87921/M87076 ACORD„ CERTIFICATE _)F LIABILITY INSURANC CSR SD DATE (MM/DD/YYYY) GHILO-1 1 11/14/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Phone : 707-782-9200 Fax: 707-782-9300 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Valley Forge Insurance INSURER B Transportation Ins. Co. Ghilotti Bros., Inc. INSURER C 525 Jacoby Street INSURER D San Rafael CA 94901 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INbK 4UU'I. LTR NSRL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE [MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY TCP2 0 8 6 95 954 6 UAMAL.L IUNtNItU 10/01/06 10/01/07 PREMISES (Ea occurence) $ 100 000 , CLAIMS MADE OCCUR I MED EXP (Any one person) $ 5,000 X Contrctl/Brd Frm (PERSONAL&ADV INJURY $1,000,000 X XCU Incl. $10,000 PD DED - PER OCC I GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. I PRODUCTS - COMP/OP AGG s2,000,000 POLICY ] JECT F-]LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X ANY AUTO BUA2087746336 10/01/06 10/01/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X Ded. $1000 APD PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 A X� OCCUR F-1 CLAIMSMADE CUP2087746286 10/01/06 10/01/07 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ UER WORKERS COMPENSATION AND I TORY LIMITS I I EMPLOYERS' LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROOSIONS RE: Operations of the Named Insured for the Certificate Holder. *Ten day notice would be sent on non payment. **officers, agents, empl., its elective & appointive boards & commissions JOB:Sun Valley Pk & Santa Margarita Pk ADA Compliance Proj.#11041, NBC#06430 30*XG140331A99 CERTIFICATE HOLDER City of San Rafael, its ** Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915 ACORD 25 (2001/08) CANCELLATION SANRAF4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLriHBE4VBRMAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L AUED RESE E A" �`�` 0`O ,ciATION 1988 C6RD CORPORA CNA Ghilotti Bros., Inc. For All Commitments You Make* G -140331-A99 (Ed. 10/1) #TCP2086959546 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Rafael, its officers, agents, employees its elective & appointive Boards & Commissions Designated Project: JOB: Sun Valley Park, Santa Margarita Park ADA Compliance Project #11041, GBI #06430 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: G -140331-A99 (Ed. 10/01) G -140331-A99 (Ed. 10/1) a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G -140331-A99 (Ed. 10 01)