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HomeMy WebLinkAboutPW Park Sidewalk & Pathway Repairs ProjectAgenda Item No: 4 o g Meeting Date: May 5, 2014 Meet Fgel, I ISAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by. City Manager Approva 1)1JJ Public Works Director SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE PARK SIDEWALK AND PATHWAY REPAIRS PROJECT, CITY PROJECT NO. 11242, TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $1249502.00. IA_H XOR -10 Staff recommends that the City Council adopt the resolution awarding the construction contract to Maggiora and Ghilotti Inc., in the amount of $124,502.00 for the bid. Department of Public Works staff have identified seven City owned and maintained parks in need of repairs to address safety concerns. These concerns include both concrete sidewalks and asphalt concrete pathways which have been uplifted or damaged by tree roots or are experiencing subgrade failures resulting in uneven walking surfaces. The seven parks are: In addition, two parks (Victor Jones and Munson) are in in need of accessibility upgrade I, The proposed project includes removing, replacing and relocating damaged sidewalks and pathways, including sub -base repairs and accessibility upgrades, i.e., widening pathways to at least 4 feetconstructing required level landings and installing a new HI -Lo Drinking fountain. The original engineer"s estimate for this project was $100,000. Based on this estimate the Department o Public Works initiated an informal bid procedure. Per section 11.50.170 of the San Rafael Municipal Code projects that are less than $125,000 may be bid informally by the Department of Public Works. During th week of March 27,, 2014 the Engineering division contacted six contractors to solicit bids. On April 15, 201 the following contractors submitted bids: File No.: Council Meeting:, Dispositiow NAME OF BIDDER Maggiora and Ghilotti Inc. Ghilotti Bros. Inc. Ghilotti Construction Company The bids received were above the threshold for a minor contract, as stated in section I 1.50.020(G) of the San Rafael Municipal Code. Sections 11.50-090.13.3 and 11.50-090.13.4 state that the City Council may waive major contract bidding requirements if it finds that "there would be no competitive advantage to requiring bidding for the contract" or "the cost of the work would be significantly increased or its completion significantly delayed." Bidding this project in accordance with Municipal Code requirements for a major contract would require a minimum of two months before construction could commence. In adon,, we do not foresee any change in the contractors who have already submitted bids. Therefore, there is no apparent competitive advantage to rebidding this project. The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from Maggiora and Ghilotti, Inc. in the amount of $124,502 falls within the allocated project budget. FISCAL INWACT: This contract will be funded by appropriations in the Measure A — Open Space special revenue fund. This fund will receive distributions from the new County -wide 1/4cent sales tax along with matching funds from the City's General Fund. The Measure A Spending Plan earmarked $119,000 for Park and Recreation Facilities Improvements and $57,000 per fiscal year for Park Maintenance. The Park Maintenance contract public bid opening is scheduled for May 6h, 2014. The City has not spent any money on Park Maintenance to date, ,, leaving a projected savings of $47,500 in this fund. We recommend the transfer of $19,000 of that amount to the Park and Recreation Facilities Improvements fund for the construction of this project. The remaining project expenditures include the construction to be performed by Maggiora & Ghilotti, Inc. and a recommended contingency of approximately 11%, bringing the total project budget and appropriations to $138,000-00. The following tables summarize the funding and expenses associated with this project: Measure .# & Recreation Facilities IMprolements) i. wwm� $1191poo.00 Measure A (Park Maintenance �in Total FundinLy Available Remaining Expenses ------ Construction-02 $124�502.00 1' Base Bid Contract Amount Construction -02 $131498.00 Contingency Approx. i i%) JotalP" 38,0000 o $10.ect Cost SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pat! : 3 41PTIONS. 1. Adopt the resolution awarding the contract to Maggiora and Ghilotti Inc., the lowest responsive and responsible bid, *in the amount of $124,502.00, waiving the major contract bidding requirements per Section 11.50.090 of the San Rafael Municipal Code and authorizing a change in the Measure A Spending Plan. If this option is chosenconstruction will commence as soon as possible. 2. Do not waive the major contract bidding requirements and direct staff to rebid the project in accordance with San Rafael Municipal Section 11.50.150. If this option is chosen, rebidding will delay construction. 3. Do not award the contract and direct staff to stop working on this project. 0 ACTION REQUIRED * Adopt resolution awarding a contract to Maggiora and Ghilotti Inc. in the amount of $124,502.00 and authorize the necessary contingency noted in this staff report. Enclosures 1. Resolution 2. Agreement A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE PARK SIDEWALK AN:K PATHWAY REPAIRS PROJECT, CITY PROJECT NO, 11242, TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $1249502*00* WHEREAS, The Measure A Spending Plan earmarked $119,000 for Park & Recreation Facilities Improvements; and LIN Mel of !11 110111!111�� 1=4 wasom��ino a A Emm WHEREAS, The Park Maintenance funds have a savings of $47,500 to date for this fiscal year; WHEREAS, during the week of March 27, 2014 the Department of Public Works Engineering staff contacted six qualified contractors to solicit bids for the Park Sidewalk and Pathway Repairs Project in accordance with San Rafael Municipal Code 11.50.170 "Minor Contract"; and "Park Sidewalk and Pathway Repair" City Project No. 11242 In accordance with the specifications; and WHEREAS, Bids received fell just below the $125,000 minor contract threshold as defined in �,ection 11.50.020(G) of the City of San Rafael Municipal Code; and WHEREAS, per section 11.50.090.13.3 and 11.50.090.13.4 City Council has determined there is no competitive advantage to rebidding this project and waives the requirements for bidding in accordance to major contract requirements-, and WHEREAS, the bid of Maggiora and Ghilotti Inc. is a responsive bidder at the unit prices stated in its Did and is the lowest and best bid qualified for said work and said bidder is the lowest responsible WHEREAS, there are sufficient funds in the Measure A Open Space special fund. 1. Waive major contract requirements per Section 11.50.090.13.3 and 11.50.090.13.4 of the San Rafael Municipal Code. 2. Authorize a change in the Measure A Spending Plan to allocate unspent savings from the Park Maintenance fund to the Park and Recreation Facilities Improvement fund. 3. The bid of Maggiora and Ghilotti Inc. is hereby accepted at unit prices and that the contract for said work and improvements is hereby awarded to Maggiora and Ghilotti Inc. at the unit prices stated in its bid. 4. The Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Maggiora and Ghilotti Inc. in a form approved by the City ME= 5. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 1. ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a reaular meeting of the City Council of City held on the Monday, the 5 1h day of May, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None U -Iom 010 1 no I VU I 'DO] 01 ESTHER C. BEIRNE, City Clerk City of San Rafael *California Form of Contract Agreement for Park Sidewalk and Pathway Repairs CI*!y PrQiect No. 11242 This Agreement is made and entered into this 5th day of May 2014 by and between the City of San Rafael (hereinafter called City) and Maggiora and Ghilotti Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans and specifications for the project entitled: Park Sidewalk and Pathway Repairs, City Project 11242, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. 11- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within TWENTY (20) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,500 for each and every working 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. 1 ITEM DESCRIPTIONUNIT ESTIMATED UNIT PRICE QUANTITY TOTAL PRICE I Mobilization (3% max of Total Bid) 1 Mobilization �111 I I I LS (�iD, $35725.00 $35725.00 Signs and Traffic Control I LS (�iD, $25200.00 $21200.00 3, Clearing & Grubbing I LS ((�I) $2 325.00 S 2 .3 25.00 I 4. Furnish and Install Drinking Fountain I LS $4,377.00 $41,37700 5, Park Sidewalk -Pathway a. 4" Thick PCC Sidewalk 2,500 SF $21.25 $535125.00 b. Type A Curb and Gutter 36 LF Caj $50.00 $15 800.00 c, 2" Hot Mix Asphalt Pathway 6,000 SF $9.40 $56,400.00 d. Sub Base Repair I LS $550.00 $550M GRAND TOTAL BID S 124,502.00 ORIGIL 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 vi (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% 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 Contractor, 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) 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. LVIUMM Z:f , 9Qaete Esther C, Beirne City Clerk APPROVED AS TO FORM-, Robert F. Epstein City Attorney File No.: 22.08.06 CITY OF SAN FAEU 0ee-0 Nader Mansourian Public Works Director CT B Printed ame$ i Title- Cc- t G MAGGI-1 OP ID: SID A 4C"JV"" CERTIFICATE OF LIABILITY INSURANCE '05/07/2014 DATE (MMIDD/YYYY) PRODUCER Phone: 707-782-9200 Don Ramatici Insurance, Inc. P.O. B©x 551 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Petaluma, CA 94953 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Paul Ramatici EACH OCCURRENCE $ 2,000o000 A X X ' COMMERCIAL GENERAL LIABILITY IGL5142616 09101/2013 10/01/2014 INSURERS AFFORDING COVERAGE NAIC # INSURED Maq iora & Ghilotti, Inc. Bu INSURER A, National Union Fire Ins. of PA 9445____-___-__- INSURER B:Granite State Insurance Co. 23809 5511 Bois Street San Rafael, CA 94901 INSURER C: $ 41000,000 GENERAL AGGREGATE I GEN'L AGGREGATE LIMIT APPLIES PER: E # INSURER D: $ 41000,000 INSURER E: C()VFPAnFA 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, POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION JYPE OF INSURA,NQE QATE (MM1PD1YYY DAT9 iMMID121YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000o000 A X X ' COMMERCIAL GENERAL LIABILITY IGL5142616 09101/2013 10/01/2014 )A AG_ET15_'AS9TE'b_ PREMISES (Ea occurence) $ 300,000 CLAIMS MADEOCCUR MED EXP (Any one person) $ 6too0 _J X GL Ded $10,000 PER OCCURRENCE PERSONAL & ADV INJURY $ Z0001000 X JXCU INCLUDED $ 41000,000 GENERAL AGGREGATE I GEN'L AGGREGATE LIMIT APPLIES PER: E # PRODUCTS - COMP/OP AGG $ 41000,000 PRO - POLICY I LOC I AUTOMOBILE LIABILITY 'CA3275260 10/01/2014 COMBINED SINGLE LIMIT $ 21000,000 B X ANY AUTO 09/01/2013 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (PER PERSON) HIRED AUTOS BODILY INJURY NON -OWNED AU TCS (PER ACCIDENT)' PROPERTY` DAMAGE $ (PER ACCIDENT) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ 1-11-1-1 I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESS !UMBRELLA LIABILITY EACH OCCURRENCE 41000,000 A X OCCURYj CLAIMS MADE BE16491009 09/01/2013 1 10101/2014 AGGREGATE $ 4,000,000 DEDUCTIBLE $ X RETENTION $ 10,0001 $ WORKERS COMPENSATION I I i.2�_�y ATU- Y WC S�TM jyj�!OTH- AND EMPLOYERS' LIABILITY YIN A ANY PROPRIETORIPARTNERIEXECUTIVE WC01 5656039 10/01/2013 10/01/2014 OFFICERWEMBER EXCLUDED? (Mandatot-y in NH) E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ 11000,000 $ 11000100 0 11, yes, describe under SPECIAL PROVISIONS below E.L, DISEASE - POLICY LIMIT $ 11000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Certificate Holder is included as an additional insured with primary verbiage per forms attached. Umbrella limits are following form to the underlying GL, Auto & Employers Liability policies outlined above. Job. -Park Sidewalk & Pathway Repairs, Project #11242 / M&G #7609 30*X97383(04i08)97837(04/08)90533(LF) *10 day notice sent on non-payment. CERTIFICATE HOLDER CANCELLATION SAN RAI 9 SHOULn ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIP-AT!ON DATE THEREOF, THE ISSUING INSURER WILL xr-i'449"EAVORR 4: MAIL 3 _0* DAYS WRITTEN City of San Rafael, its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9k)-T-4:AIWJRE­4"Q4"IiALL officers, agents and employees 4MFOSE-NO-OBL-IGATiON--OR-i-iABILITY--OF--AN-Y--KIND-UPON-T-HE--INSURER-;-4TZ-AGE-N-T4-0f;�- Dept. of Public Works 111 Morphew Street -REP-RESENTATIVEST— San Rafael, CA 94915 AUTHORIZED REPRESENTATIVE ACORD 25 (2009i01) (D 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 19 ENDORSEMENT This endorsement, effective 12.-01 A.M. 09101113 forms a part of policy No. GL5142616 issued to MAGGIORA AND GHILOTTI , INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON " R ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE DAME OF PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. S. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: ( 1 ) all work., including materials, parts or equipment 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 insureds) at the site 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain a A AuLtho—rizaedRepresentative or Countersignature in States Where Applicable) 97838 (41'08) Includes copyrighted material of Page 1 of Insurance services office, Inc., with its permission. M ENDORSEMENT This endorsement, effective 12:01 A.M. 09/01/13 forms a part of policy No. CL5142616 issued to MAGG I ORA AND GH I LOTT I INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLET91k, OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION 11 - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of $#your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard", uthorizaed-ARe —resentative or Countersignature (in States Where Includes copyrighted ma+erial ofApplicable) Page 1 of 1 97837 (4/08) Insurance Services OffiCe, Inc., w'ith its permission. This endorsement, effective 12:01 A.M. 09/01/13 forms a part of policy No. GL5142616 issued to MAGG I ORA AND GH I LOTT I I NC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: The following paragraph is added to SECTION 11 - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured, However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. I AAW11% ie . ... . Te thorize �resentattve or A d R Counter i" nature (in States Where s" Appiticable) Page 1 of I Policy No. GL 514-26-16CG DS 01 10 01 Renewal of No. 2491904 IAIGI Coverage is provided by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (a capital stock company) 175 Water Street, New York, NY 10038 (212) 458-5000 COMMERCIAL GENERAL LIABILITY DECLARATIONS NAMED INSURED & MAILING ADDRESS MAGGIORA AND GHILOTTI, INC. DU BOIS ST RAFAEL, CA.94901-3965 PRODUCER'S NAME & MAILING ADDRESS DON RAMATICI INSURANCE INC PO BOX 551 PETALUMA, CA 94953-2671 POLICY PERIOD: From 09/01/2013 to 10/01 /2014 at 12:01 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS: M CORPORATION 0 PARTNERSHIP 0 LIMITED LIABILITY COMPANY 1:1 INDIVIDUAL 0 OTHER BUSINESS DESCRIPTION: CONTRACTOR IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, POLICY PREMIUM:* PREMIUM SHOWN IS PAYABLE: *This policy is subject to annual audit. Premium for Certified Acts of Terrorism Coverage Under Tdrrorism Kisk Insurance Act 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act 2007: Not Applicable, Coverage Rejected By Insured SCHEDULE OF STATE TAXES, FEES AND SURCHARGES, IF APPLICABLE:** THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORMS, AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. Date issued: 09 / 19 / 2-013 93837 (12/06) CG DS 01 10 01 Includes copyrighted material of Insurance Services Office,inc., with its permission O (SO Properties, Inc., 2000 Pagel of 2 FORMS SCHEDULE EFFECTIVE DATE. 09/01/2013 NAMED INSURED, MAGGIORA AND GHILOTTI , INC. POLICY NO.- GL 514-26-16 CGO001 ( 1207 )/COMM GEN' L LIAB COV FORM CG0224 (1093 PEARLIER NOTICE OF CANC CG0300 (0196 VDEDUCTIBLE LIABILITY INSURANCE CG0435 (1207)/EMPLOYEE BENEFITS LIAB COVG CG2011 (0198)/MANAGERS/LESSORS OF PREMISES CG2012 (0509)/CONTR-STATE/POL SUVDIV-PERMITS CG2034 (0704)/LESSOR OF LSD EQUIP -AUTO STATUS CG2134 (0187 )/DESIGNATED WORD CG2147 (1207j/EMPL, RELATED PRACTICES EXCL CG2153 (0196)/EXCL-DESIG ONGOING OPS CG2155 (0999)'`TOTAL POLL EXCL WITH A HOSTILE FIRE CG2186 (1204-'EXCL -- EXTERIOR INSULATION & FINISH SYS C 2279 ( 0798)/EXCL-CONTRACTORS- PROFESSIONAL LIAB CG2404 (0509-f WAIVER OF TRANS RIGHTS OF RECOV CG2417 (1001CONTR LIAB-RAILROADS CG2503 (0509 AMEND-AGG LMTS OF INS -PER PROJECT CG3234 (0105CALIFORNIA CHANGES IL0017 (1198 COMMON POLICY CONDITIONS IL0021 (0908 NUCLEAR ENERGY LIAB EXCL (BROAD FORM) IL0270 (0811�/CA CHANGES-CANC/NONRENEWAL 58332 (0793TOTAL LEAD EXCLUSION 61944 (0295 BROAD FORM NAMED INSURED 61707 (1294AMENDT OF DUTIES, OCC, OFFNSE, CL/SUIT 62898 ( 07124�RADIOACTIVE MATTER EXCLUSION 64004 (0712RISA EXCLUSION 69186 (1001 q_XCL-CONTINlG/PROGRSV BI, P&A INJ, PD 71709 (0304COMPOSITE RATING PLAN ENDORSEMENT 78689 ( 0703 )e FUNGUS EXCLUSION 82540 (0712} ASBESTOS AND SILICA EXCL ENDT 83641 (1103_ ABSOLUTE WRAP-UP EXCLUSION 87295 (0108 YEXCLUSION - VIOLATION OF STATUTES 89644 (0705AMENDATORY ENDT- COVERAGE TERR 90533 (0306)/"PRIMARY COV -ONGOING AND COMPLETED OP 96557 (0208),`TERRORISM EXCL - CERTIFIED ACTS 97837 ( 0408 }HADD' L INSURED -COMPLETED OPERATIONS 97838 (0408 KADD'L INSRD-SCHEDULED PERSON OR ORG Attachment A MAYOR CITY OF SAN RAFAEL Gary 0. Phillips VICE MAYOR Departmentof Damon Connolly Is V 0 COUNCIL MEMBERS P 1 orks Maribeth Bushey Kate Colin Andrew Cuyugan McCullough INSURANCE REQUIREMENTS SHEET SUBJECT: COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND WORKERS' COMPENSATION INSURANCE (MAJOR PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City carry commercial general liability, automobile, and workers' compensation insurance. The Contractor and Subcontractors shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Commercial General Liability: Automobile Liability. Workers' Compensation Liability: Minimum of $'1,000,000 per occurrence and $2,000,000 aggregate coverage. Minimum of $'1,000,000 coverage. Statutory coverage. The required commercial general liability insurance policy shall provide or shall be endorsed to provide that the City, its officers, employees, agents and volunteers are additional named insureds under the policy, that such policy shall be primary and non- contributory and will not seek contribution from the City's insurance or self-insurance. The "primary and non-contributory I) coverage shall be at least as broad as CG 20 01 04 13. The limits of insurance required. in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City (if agreed to in a written contractor or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the City. It shall be a requirement under the contract that any available insurance proceed broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to City or any other additional insured party. Furthermor t the requirements for coverage and limits shall be- (1) the minimum coverage and limil Attachment A POP` IN � I WU INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 4,g DATE OF MEETING: 5/5/14 FROM: Nader Mansourian 004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE PARK SIDEWALK AND PATHWAY REPAIRS PROJECT, CITY PROJECT NO. 11242, TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $1249502.00. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY AGENDA ITEM: xr -,aity Manager APPROVED AS TO FORM: City Attorney (signature)