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HomeMy WebLinkAboutCC Resolution 13719 (Park Sidewalk Pathway Repairs)RESOLUTION NO. 13719 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. 112429 TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $124,502.00. WHEREAS, The Measure A Spending Plan earmarked $119,000 for Park & Recreation Facilities Improvements; and WHEREAS, The Measure A Spending Plan earmarked $57,000 for Park Maintenance per fiscal year; and and 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 WHEREAS, on April 15, 2014, bids were opened and examined for the following work: "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 section 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 detennined 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 bid and is the lowest and best bid qualified for said work and said bidder is the lowest responsible bidder; and WHEREAS, there are sufficient funds in the Mcasure A Open Space special find. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 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 fiord 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 Attorney. 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. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certifv that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 5 t day of May, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 22.06.08 City of San Rafael ♦ California Form of Contract Agreement for Park Sidewalk and Pathwav Repairs Citv Proiect 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 perfornl 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 Genera! 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. ll- 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. 111 - 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 an) 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'I?M1t DESCRIPTION Mobilization (3'% max of Total Bid) ?. Signs and Traffic Control 3, Clearing K Grubbing Furnish and Install Drinkin4 Fountain 5. Park Sidewalk -Pathway ------- � a 4" Thick PCC Sidewalk!-- -_-_ -_-_-' h, -T� pe A Curb and Gutter c. I" Ilot Mix Asphalt Pathway -- -' U. Sub Base Repair------ — ES I I,,MA ED TOTAL QUANTITS'- UNIT i UNIT PRICE f PRICE 1 i LS — tJ --- `63,725.00 —� $3172 5,00 i LS u: S2,2()O.OU . _ ; $2.,200.00 ; r LS 'J, I 52.325.00 $2,325.00 1 LS i,37 „00 j � _00 SF ,?% i $21.25 ; = i $53,125,00 36 I LF ,jr; wmc, j - 1_.,__ $1,800,00 -- - --- f 6,000 SF ; +;r: S9ACi .._- _. 554.400.00 4 - -_- -- - - f - — •_ 1,S !—_55E? UU j . _ $SvU.UO GRAND TOTAL BID S 124,502.00 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) 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. A`I'"LLS'I' CITY OF `AN RAFAEL,: `w.,4er.144z rsow.iaal Cit), Clerk Public Works Director APPROVED AS TO DORM: MAGGIORA ANI) GiIlt,01"I'1 INC.: Printed Namc� City Attorney Titie;':m„ File No.: 2-1,08.06 AtC'ORO PRODUCER Don Ramatici Insurance, Inc. P.O. Box 551 Petaluma, CA 94953 Paul Ramatici MAGGI-1 OP ID: SD DATE (MMJDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/07/2014 INSURED Magggiora & Ghilotti, Inc. 555 Du Bois Street San Rafael, CA 94901 Phone: 707-782-9200 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A National Union Fire Ins. of PA _ 194_45 - INSURER a: Granite State Insurance Co. 23809 INSURER C' - ---- --------------- INSURER- I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5K�, ADO'4 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS !-TR 'INSRO TYPE OF INSURANCE �� — PATE (MMlPD/VYVYI DATE lMMIDD/YYYY) - - GENERAL LIABILITY I EACH OCCURRENCE $_ _ 2,0_6_0,00_6 A X �_%� 'COMMERCIAL GENERAL LIA[31LITY ;GL5142616 09101/2013 10/01/2014 _pR Mls�s (a a cu_r�n�et ___ $_ 3_00,000 CLAIMS MADE X] OCCUR I MED EXP (Any one person) _$-- -, --- _ 5,000 X �GL Ded $10,000 PER OCCURRENCE X ,iXCU INCLUDED r�EN'L AGGREGATE LIMIT APPLIES PER � _ i �-__–� POLICY i X i JPRC-ECT I 1, LOC AUTOMOBILE LIABILITY j B X I ANY AUTO CA3275260 09/0112013 10/01/2014 i ALL OWNED AUTCS SCHL-DULEL' AUTOS i HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY i ANY auro � I I I EXCESS / UMBRELLA LIABILITY A I X OCCUR j CLAIMS MADE �BE16491009 09/01/2013 1 10/01/2014 i DLDUC'rIBLE ! i I X ;RETENTION 5 10,000'[ I WORKERS COMPENSATION I 1 AND EMPLOYERS' LIABILITY Yip 10101/2013 I 10/01/2014 A nnr/ rRcl=iaETor,/PARTNEr;e ecLrr E F--- j IWC015656039 JF'ICE R,MF;h16E.R EXCLL'OED' (Mandatory In NH) 11 vee, descnte ,_raor FC;Ai_=RCVIS!ONF,, below OTHER CESORIPTION OF CPERAT{ONS i LOCATIONS VEHICLES; EXCLUSIONS ADDED BY ENDORSEMENT � SPECIAL FROVISEONS Certificate Holder is included as an additional insured with primary verbiage per forms attached, Urnbrelia limits are following form to the underlying GL, Auto & Employers Liability policies outlined above. Job:Park Sidewalk & Pathway Repairs, Project #11242 i M&G #7609 3C"X97383(04i08)97837(04r08)90533(LF)'10 day notice sent on non-payment. CERTIFICATE HOLDER CANCELLATION PERSONAL 8 ADV INJURY $ 2+000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OPAGG `$ 4,000,000 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) BODILY INJURY ( (PER PERSON) $ BODILY INJURY _ ' (PER ACCIDENT) ---`_i-$ $ --_------ PROPERTY GAMFlGE-_--- (PER ACCIDENT) AUTO ONLY - EA ACCIDENT_ $ OTHER THAN EA ACC $ _ - i AUTO ONLY AGG $ (EACH OCCURRENCE $ 4,000,000 AGGREGam $ 4,000,000 5 I$ i $ X I WCSTATU- I Of -_---TQQY- .IPAJT� -- I -E '-- - -- - — -- - E L EACH ACCIDENT �---------------------- $ 1,400,000 EL DISEASE - EA_Eb1F'LOY'S 1,000,000EF E L DISEASE - PCUCY LiM!T s" 1,000,000 S.ANRA19 sHr;AnANYOFTNF.A60VEDESCRtPEDPOL,CIFSBECAtiCELLEDrEFCRETt{Ecxs;RiT;7t.: DATE THEREOF, THE tSSU,NG (':SURER WILL C-NG64YOR-T E3 MA:L 30"— CAYS SVRIT-EN City of Safi Rafael, its NOTICE. TO THE,IERTIFICAT£ HOLDER NAMED TO THE LEFT, BkiT PAltilRE T<i-0G,o ?-iiNALL officers, agents and employees 'L Dept. Of Public Works PO`sE"iJQ-OBLtG.AT{(3N{DR-LIAEriL-!7M GF -AN`! WIND-UPON—THE kNStiftE.R; i7fi-,4(-rC-Zr?'$ t3i2- 111 Morphew StreetaRESEN'ra=r+vss Sari Rafael, CA 94915 AUTHCRI4ED REPRESENTATIVE ACORD 25 (2009i01) i1 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.K8, 09/81/13 forms a part of policy No. GL5142616 issued to MAGGiORA AND GH|LOTT|. INC. byNAT|ONAL UNION FIRE INSURANCE COMPANY OF P|TTSBURGH, RA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [rCAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, Q0CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OFPERSON OR : ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO (if no entry appears above' information required ,o complete this ondomnnnaru will be shown in the Declarations as applicable tothe nndumnmont) A. SECTION 11 -WHO IS AN INSURED is amended to include as an insured; The person o/organization shown inthe schedule, but only with respect tnliability arising out vfyour ongoing operations performed for that additional insured. B. With 'ao»mct to the insurance afforded to these additional inyomdo' SECTION | COVERAGES' COVERAGE A'BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Esdumkmo' inamondadtoinc|udnthe following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" ooruning a|u,,: (1) all work, including matehwio' parts or equipment furnished in connection vvith such vvnrk' on the project (other than service, maintenance or napai/o) to be performed by or on b*haif of the additional insured(s) at ,he site of the unvoocd operations has hnon completed, or, (2) that portion of "your vvod`^ out nfwhich the injury ordomaVwarises has hevn put to u` intended use by any person or organization other tt-.an another cnnt'eorc, z, subcnotrmc/orongu0ed in performing operations for r phnmpu/ no a part of the project. Alother turms and conditions rernain unchanged, AuVirized Reproseni�_ti�e­_or___­ Countersignature (in States Whete 97838 `4'08/ wclu^"`copy"u^am~�w"n�^/ pauo l o' ENDORSEMENT 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 , 1 NC, by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE 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: ADDITIONAL PREMIUM: (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". All other terms and conditions remain unchanged. l Uthorized Rearesentative or Countersignature (in States Where ,Applicabi 97S37 •+ ,,(�8!nr+�s:lesrty�'{r�ghtc,d rn�tcrie% u , n„lrarce Service:. C>'f1 e, Pnc., %Agth it: �ern,is.:io t. ('a"1C+ Cf 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 , I NC. by NAT I ONAL UN I ON F I RE I NSURANCE COMPANY OF P I TTSBURGH , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II - 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. r !f Aidthorized Representative or Countersignature (in States Where Applicable) 90533 Policy No. GL 514-26-16 CG DS 01 10 01 Renewal of No. 2491904 JAIG I 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 5M5AGGGIORA AND GHILOTTI, INC. 5AN RAFAEL,BOIS 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: 09 CORPORATION ❑ PARTNERSHIP ❑ LIMITED LIABILITY COMPANY ❑ INDIVIDUAL ❑ OTHER BUSINESS DESCRIPTION: CONTRACTOR LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY: ON FILE WITH COMPANY 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 Terrorism disk 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:** * *State Taxes, Fees and Surcharges shown are in addition tc the abcve roferenced Pc:icy Premium, ENDORSEMENTS ATTACHED TO THIS POLICY: SEE ATTACHED FORMS SCHEDULE 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. gate Issued. 09/1912013 93837 (12106) CG DS 01 10 01 Includes copyrighted materia! of Insurance Services Office,ine., with tts permisslor�O ISO 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 LIAR COV FORM CG0224 (1093 PEARLIER NOTICE OF CANC CG0300 (0198VDEDUCTIBLE LIABILITY INSURANCE CG0435 (1207 )/EMPLOYEE BENEFITS LIAB COVG CG2011 (0196 )'MANAGERS/LESSORS OF PREMISES CG2012 (0509),/CONTR-STATE/POL SUVDIV-PERMITS CG2034 (0704YLESSOR OF LSD EQUIP -AUTO STATUS CG2134 (0187 V�/OESIGNATED WORK CG2147 (1207) EMPL. RELATED PRACTICES EXCL CG2153 (0196 )/EXCL-DESIG ONGOING OPS CG2155 (0999)/TOTAL POLL EXCL WITH A HOSTILE FIRE CG2186 (1204 ,vEXCL - EXTERIOR INSULATION & FINISH SYS CG2279 (0798)/EXCL-CONTRACTORS-PROFESSIONAL LIAB CG2404 (0509-° WAIVER OF TRANS RIGHTS OF RECOV CG2417 (1001�/CONTR LIAB-RAILROADS CG2503 (0509,r AMEND-AGG LMTS OF INS -PER PROJECT CG3234 (0105YCALIFORNIA CHANGES IL0017 (1198a'C0MM0N POLICY CONDITIONS IL0021 (0908-( NUCLEAR ENERGY LIAB EXCL (BROAD FORM) IL0270 (0811)/CA CHANGES-CANC/NONRENEWAL 58332 (0793,KTOTAL LEAD EXCLUSION 61944 (0295,KBROAD FORM NAMED INSURED 61707 (1294,�/AMENDT OF DUTIES, OCC, OFFNSE, CL/SUIT 62898 (07124,"RADIOACTIVE MATTER EXCLUSION 64004 (0712 RISA EXCLUSION 69186 (1001 XCL-CONTIN'G/PROGRSV BI, P&A INJ, PD 71709 (0304 YCOMPOSITE RATING PLAN ENDORSEMENT 78689 (0703)eFUNGUS EXCLUSION 82540 (0712)+'ASSEST0S AND SILICA EXCL ENDT 83641 (1103 ),,ASSOLUTE WRAP-UP EXCLUSION 87295 (0108 YXCLUSION - VIOLATION OF STATUTES 89644 (0705�-AMENDATORY ENDT- COVERAGE TERR 90533 (0306)4PRIMARY COV -ONGOING AND COMPLETED OP 96557 (0208) -TERRORISM EXCL - CERTIFIED ACTS 97837 (0408)/ADD'L INSURED -COMPLETED OPERATIONS 97838 (0408�-ADD'L INSRO-SCHEDULED PERSON OR ORG Attachment A MAYOR CITY OF SAN RAFAEL Gary 0. Phillips VICE MAYOR Department of Damon Connolly COUNCIL MEMBERS Public Works Maribeth Bushey el Kate Colin Andrew Cuyugan McCullough INSURANCE REOUIREMENTS 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 Liabilitv:. 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" 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 proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits Attachment A specified in the contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Any deductibles or self-insured retentions in the required insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction or Contractor or subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. Contractor and subcontractors shall provide to the City all of the following: (1) Certificates of Insurance evidencing the required insurance coverage, (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor and subcontractors. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this contract. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. If the insurance is written on a Claims Made Form, then, following termination of the contract, said insurance coverage shall survive for a period of not less than five years.