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Agr 2009-07-27 (Ghilotti Bros., Inc.)
TOWN OF TIBURON TIBURON.) CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE 2008 - 2009 Street Improvement Project THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this V+TIA day of 3ok- , 2009, by and between the TOWN OF TIBURON, municipal corporation 1 565 ron Boulevard, Tiburon, CA 94920, ("Owner") and GHILOM hk(Ko nit" ("Contractor" whose principal place of business is S4,w 04 In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the 2008- 2009 Street Improvement Project ("Project") located in Tiburon, California more particularly depicted on Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The Work includes items covered in Base Bid Schedule I, Base Bid Schedule II, and Exhibit D ("Revised and Approved Bid Alternate Schedule"). The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PAYMENT See Section 5-1.7 of the Special Provisions of Contract Documents. Total compensation for the Work shall not exceed $ 736,063.40 without prior written authorization from the Owner. A-1 ARTICLE III TIME FOR PERFORMANCE Section 3.1 Time of Completion: See Section 8-1.06 of the Standard Specifications and Section 4 of the Special Provisions. Section 3.2 Liquidated Damages: Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the Special Provisions. The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agree that the Contractor shall pay to the Town the sum of $1000 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed in Section 3.1 hereof. OWNER / CONTRAC OR MICHAEL M. GHILOM GfnOM BROS., INC. PRESIDENT/TREASURER ARTICLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Attention is directed to Section 7-1.01A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code §1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTiC I.F. V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICT.F. VT WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B The Contract Documents Exhibit C Bid Proposal (Pages P1-P14) IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: By Town Attorney TOWN OF TIBURON Town Manager CONTRACTOR: GMOMBROS.,INC. By Yt,4-K M. HIL M Its IFREACrm ) Contractor's License No. .?2 IV Expiration Date: % ZD~ C EXHIBIT A The Site The public and private rights-of-way located in the Town of Tiburon, California and known as: 1. Juanita Ln., 2. Main St.to Beach Ln. 3. Ridge Rd, Reed Ranch Rd 4. Vistazo East, Diviso St., Loma Ave. 5. Meadowhill Dr., 6. Acela Dr., Audry Ct., Berke Ct. 7. Stewart Dr., Geldert Dr. 8. Cecilia Wy, Cayford Dr. 9. Karen Wy, Leland Wy 10. Cecilia Dr., 11. Backfield Drive from Tiburon Blvd to Cecilia Wy. 12. Avenida Miraflores, Harn Ct., Howard Dr., Hilary Dr., Wilkins Ct. EXHIBIT B Contract Documents • Project Plans • Standard Specifications • Standard Plans • Special Provisions • Proposal and Contract • Contract bonds(Payment Bond and Performance Bond) ' • Any supplemental agreement amending or extending the work • Any working drawings, sketches, or instruction clarifying or enlarging upon the work specified • Pertinent portions of any other documents included by reference in the specifications, Standard Specifications or Plans • Additional Dig-out(Alternate bid)-see attachment EXHIBIT C PROPOSAL TO THE TOWN OF TIBURON PUBLIC WORKS DEPARTMENT NAME OF BIDDER GBROS.. INC. K BUSINESS P.O. BOX M /A TOWN, STATE, ZIP N/A BUSINESS STREET ADDRESS 525 JACOBY STREET (Please include even if P.O. Box used) TOWN, STATE, ZIP SAN RAFAEL, CA 94901 TELEPHONE NO: AREA CODE (46 4 7-7 p 1) FAX NO: AREA CODE (91,5 4 5 4 _ ~ 37 (D CONTRACTOR LICENSE NO. %SQ 1 Zt$ The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans,'dated May, 2006; the Standard Specifications, dated May, 2006; and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. The project plans for the work to be done were approved June 3, 2009 and are entitled: TOWN OF TIBURON 2008 - 2009 Street Improvement Project Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the Item Total column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price: P-1 (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred; etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the Town of Tiburon's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumedto be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any urilt price for a lun?p sum, item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the Town of Tiburon, and that discretion will be exercised in the manner deemed by the Town of Tiburon to best protect the public interest in the prompt and economical completion of the work. The decision of the Town of Tiburon respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the Town of Tiburon, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the Town of Tiburon that the contract has been awarded, the Town of Tiburon may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the Town of Tiburon. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the Town of Tiburon, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, to wit: P-2 TOWN OF TIBURON 2008 - 2009 STREET IMPROVEMENT PROJECT BID PROPOSAL Mar West St., Cecilia Way, Meadow hill Dr., Main St., Juanita Ln. , Diviso St: , Stewart Dr., Via Los Altos, Vistazo East, Loma Ave. Backfield Rd., Geldert Dr.. The contractor agrees to accept payment, in full therefore, at the following prices : BASE BID SCHEDULE ITEM DESCRIPTION EST. *UNIT UNIT TOTAL nTV PRICE PRICE 1 Traffic Control and Construction Area Si--s 1 LS 0 pQ, p 0 U , 2 Mobilization (not to exceed 5%) 1 LS J Z n0 d , - r zovO--- 3 Clearing and Grubbing 1 LS - - °~t~~• - - - a 1500. 4 Asphalt Concrete 2000 TON - 5 - AC Wedge Grind - 6' Wide (0.125',0.17') 9800 LF - °~q'~O• 6 AC Conform Grind (20',15' Wide) 1000 SY b5 it, i - - I 7 AC Base Repair (4") 16000 SF 3 +0 - 541 40 8 AC Base Repair (6") 400 SF 5. a5 t , 00 , 9 Tree root removal 3 EA ` 70D . - O~ • 10 Excavation more than 6" 150 Cy - S ~9~375 • 11 Adjust Manhole to Grade 22 EA ~j00• 11iO00. 12 Adjust SS Cleanout to Grade 1 EA - 3~• - Boo . , 13 Adjust Monument Cover to Grade 17 EA - 30b • - S 1 r... 14 Adjust Water Valve to Grade 31 EA F ° • _ - rr75• 15 Remove and Replace PCC Sidewalk 600 SF - Q ' Sft.-• - Srl OD' r-. 16 - - - - - - - - - Remove and Replace Access Ramps Case - - - - - - - - - - - - - 5 - - - - - - - - - - - - T. - - - - - - - - - - - - - - - - - - a,3o~.-- - ; - - - - - - - - - - - - - - - - - - - - - - , SOo «C„ EA 17 Remove and Replace PCC Curb and Gutter 1050 LF - 38, - - O - 18 Remove and Replace 18" reinforced-PCC 210 LF ! - - _ ~~p~ • Curb and Gutter f 19 Remove and Replace valley gutter at Stewart 100 LF • - 10 /400, Dr. and Porto Marino Dr. _ V~ v P-3 20 Remove and Replace AC dike-Type "F" 200 LF 1 - - 21 Installation of detectable warning 9 EA S,(D°Z5. surface(3'x5')and(3'x4') l 22 Scrub Seal 5200 SY -rj • i i 21,~ CjQQ, 23 Crack seal 700 LF '5 24 Latex Modified Slurry Seal(Type II) 13000 _ - - - Sy _ 2 ; 3 2 5U0 { , 25 Main Street(Latex Modified Slurry Seal(Type 4000 SY j-------------- J ' i i 2-0 00 0 II)-night Work i 26 Detail 2 Stripe (Thermoplastic) 2000 LF l DO , 1-------------- to 0, 27 Detail 22 Stripe (Thermoplastic) 3900 LF i t i 28 Detail 38A Stripe (Thermoplastic) 400 LF - -----T---------------------- E LlD0, - - - - - - - - 29 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12" White or yellow stripe (Thermoplastic) - - - - - - - - - - - - - 900 - _ - - - - - - - - - - LF J - - - - - - - - - - - ' 3= - - - - - 4 - - - - - - - - - - - - - - - - - - - - - 2 -70Z), - - 30 Detail 27B Stripe (Thermoplastic) 4500 LF 31 Pavement Markings (Thermoplastic) 600 SF j-------------- 32 Replace/Install Blue Marker 17 EA ' ' ~ 33 Red-Painted Curb 500 LF 1 r = s ° - 1 7 O. - : t-- - - ----------13--- 34 Install geo-grid (Tensar BX 1100 or equal) 600 SY j 1kDO C)• -------------------------------------------------------------------------------------1- 4 35 Granular fill (Base rock class 2) 250 Ton - - 36 Installing 18"HDPE storm drain pipe I LS = ~i~OQ 71 i - 15tQ5. a,awo . 37 Traffic loop replacement 4 EA TOTAL BASE BID (n = ~ 5 ys00o, Ll~ P-4 BASE BID SCHEDULE (II) Mar wae* C+.•oo~ ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL PRICE 38 Asphalt Concrete 700 Ton g~ ,j $COC~~ 39 Asphalt Concrete Wedge Grind - 6' Wide - .r (flpp, (0.17') 3200 SY 40 Asphalt Concrete Conform Grind-(20' Wide) 300 SY - Kos 1 a• 7 41 Asphalt Concrete Base Repair 600 SF = cJ • ' 3 r 42 Adjust Manhole to Grade 16 EA, - • t - - - - 43 Adjust SS Cleanout to Grade - 2 EA - . - 1000. 44 Adjust Monument Cover to Grade 1 EA 45 Adjust Water Valve to Grade = 6 EA - ~ 46 Detail 1 Stripe (Thermoplastic) 2233 LF - (0 o v 33? , 47 Detail 21 Stripe (Thermoplastic) 108 LF - 1 2~D - I Z_q , 48 12" White stripe (Thermoplastic) 373 LF 3, -f f 9• 49 : Pavement Markings (Thermoplastic) '350 SF E 3, So ; j ~Z~~• , 50 Replace/Install Blue Marker 6 EA I I S-i - 0. 51 Replace/Install Type A White Non-reflective - `O, - 1800 , Marker 180 EA , 52 Adjust IJI to Grade 1 EA - - >0Q - TOTAL BASE BID SCHEDULE(II) - 7 9 9, P-5 ALTERNATIVE BID SCHEDULE Reed ranch Rd., Ridge Rd., Cayford Dr., Cecilia Way, Avedina Miraflores, Harn Ct., Howard Dr., Hilary Dr., Wilkins Ct., Acela Dr. Audrey Ct. B erke Ct. Leland Way and Karen Way. EST. UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 4" i 12 500 SF 31-M ¢zz r5ot)' 53 ) AC Base Repa r ( , - ~ 54 Scrub Seal - 25,000 Sy 'lam ~S Jed - 11 55 Crack Seal 400 LF E _ It '~D00 , 56 Latex Modified Slurry Seal(Type II) 41,500 SY ; y00 , d CC C b 3$ • 7, (90~..-- 57 ur an Remove and Replace P 200 LF Gutter R A d R l R 3~ ' < ~ • r-- 58 ccess ams ace emove an ep 2 EA + - Case "C" t 59 Installation of detectable warning 8 4') 3' d f 3' 5' EA # r 19a5 • Sj ot*. x x )an ( sur ace( 60 Detail 2 Stripe (Thermoplastic) 2,200 LF ;&5 l 61 Detail 22 Stripe (Thermoplastic) 4,300 LF _-3 f ID f 1 6 020 F-------------------- 62 Detail 27B Stripe (Thermoplastic) 1,500 LF , 5l3 - 63 12" White stripe (Thermoplastic) - 1,200 - LF j 3.7 3 &DO,' 64 - Pavement Markings (Thermoplastic) 1050 SF 3 3107 5-. r 65 - Install Type A White Non-reflective 144 EA / Marker 66 Sign installation 2 EA y_ I ~00, ! p SOO. 67 Replace/Install Blue Marker 14 EA j _ 2 10, TOTAL ALTERNATIVE BID SCHEDULE = I 2/7775- NOTES: 1. THE TOTAL BID (BASE BID PLUS ALTERNATIVE BID), CALCULATED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, WILL BE USED TO DETERMINE THE LOWEST BIDDER. 2. ALL BLANKS IN THE BID SCHEDULE MUST BE APPROPRIATELY FILLED IN. P-6 Grand Total of Base Bid (I) + (II) + Alternative Bid Schedules (written) ah J d O/u JUC41C Dollars -e C/ Y- vv4l;v~ -A rA- - de et.VL C,/r $(numbers) 0 S_ U f 7 3, Town of Tiburon will determine the lowest bid on the basis of the rand total of the base bids schedules alus alternate bid schedule. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of that cede, and I will comply with such provi- sions before commencing the performance of the work in this proposal and contract. In the case of any discrepancies between unit prices and totals, the unit price shall prevail. By my signature hereunder I understand and agree that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Town to increase or decrease the amount of work under any item as may be required, in accordance with the provisions set forth in the specification of this contract. Signature ~rxoMAS G. B , . Name jnCE PRERMU T J.J 11v.JV1a.LiJl11 Company CTfHtOF1 R ,,,_INC P-7 The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of the special provisions. Name and Address LIST OF SUBCONTRACTORS Description of Portion of Work Subcontracted C1 Y-i5 P CO M V O-YLy T~~YAO vltj CA- -R) G raAl ol.w, C ~e n c o rs R\P 1 M Ve. C) e (J6 C, C'aa+► CA LCD K P-8 ! General Enginperin~j C'entmrtarc; - Fxt-avating, Paving, Grading, Con e1914' 525 JACOBY STREET a SAN RAFAEL, CA 94901 o TELEPHONE (415) 454-7011 PAX (415) 454-8376 'S~nc STATE CONTRACTORS LICENSE # 132128 CORPORATE RESOLUTION I, Michael M. Ghilotti, President/Treasurer of Ghilotti Bros., Inc., a corporation organized under the laws of the State of California, do hereby certify that the following resolution is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly and regularly adopted by the Board of Directors in conformance with applicable law and by-laws of said corporation on the 1 st day March, 2004. RESOLVED, that Thomas G. Bair is hereby authorized to sign all bid documents for Ghilotti Bros., Inc. I further certify that said resolution has not been amended or revoked and is still in full force and effect. IN WITNESS WHEREOF, we the Board of Directors set forth our names and affix the seal of said corporation, this 1 st day of July 2006. Michael M. Ghilotti, President/Treasurer 1 Mario M. Ghilotti V Dante W. Ghilotti, CEO/Secretary T a Eva R. Ghilotti LIST OF REFERENCES No. Name Contact information Project Type Project Amount tt tt~ ~ I i E ~ 1 ~ ' f t F 1 f See Attached 1 t E i t e f P-9 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder GIHLOTTI BROS., INC. , proposed subcontractor , hereby certifies that he has V-1000 , has not participatedrn a previous-,contract or'subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. P-10 y N CSI O Q C w U em - 'G Q. .I C C (r I7 C IJ L c - w L 1 r. a cc-- u 0 a o - Es C~? 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V ' U- N a) a~i U LL°' Y ro 0 N D- U m y N > 7 ro C O o > Q d, -E ? p a p U# m U C L E E U N « Ti 7 c 7 q O c L o LL L 1, a) Z C C O J t0 ` = LL 0 v E O o ~ ~ o co a ° m a 0 ro w" 0 0 ~ o Z U mfa R v° CO O) °v co N °v co v 0 (n v 0 v v 0 ° M c°o D 0 D 0 )n o co 0 Ce) V v LO 0 m 0 `O 0 0 "r to 0 0 v LO 0 0 m rn ca a PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has notes been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner; member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 1.0285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V If the answer is yes, explain the circumstances in the following space. P-11 Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. P-12 Non-collusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the TOWN OF TIBURON PUBLIC WORKS DEPARTMENT In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. P-13 .DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded ocdetermined ineligible by any Federal agency within the past 3 years; • does not have a,proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. P-14 EXHIBIT D Town of Tiburon 2008-2009 Street Improvement Project Revised and Approved Bid Alternate Schedule Cayford Dr., Cecilia Way, Avedina Miraflores, Harn Ct., Howard Dr., Hilary Dr., Wilkins Ct., Acela Dr., Audrey Ct., Berke Ct., Leland Way and Karen Way ALTERNATE BID SCHEDULE ITEM DESCRIPTION EST. UNIT UNIT TOTAL PRICE PRICE 53 AC Base Repair (4") 6,500 SF 3.4 22,100 Scrub Seal 7,000 SY 2.75 191,250 54 55 Crack Seal 400 LF 12.5 5,000 Latex Modified Slurry ) Seal(Type 11) 23,000 SY 1.6 36,800 56 57 Remove and Replace PCC 170 IF 38 460 6 Curb and Gutter , Remove and Replace 1 Access Ramps Case "C" EA 2300 2 300 ' 58 Installation of detectable 59 warning 7 EA 625 4,375 surface(3'x5')and(3'x4' ) Detail 2 Stripe (Thermoplastic) 300 IF 0.7 195 60 61 Detail 22 Stripe 1,300 IF 1.4 1 820 (Thermoplastic) , Detail 27B Stripe 700 IF 0.5 350 62 (Thermoplastic) 12" White stripe 63 (Thermoplastic) 140 LF 3.0 420 Pavement Markings (Thermoplastic) 1050 SF 3.5 3,675 64 65 Sign installation 2 EA 400 800 Replace/Install Blue Marker 8 EA 15 120 66 TOTAL ALTERNATE BID SCHEDULE = 103,665 Bond Executed in Triplicate TOWN OF TIBURON PERFORMANCE BOND (To Accompany Contract) Bond No. 08963991 Premium: $4,901.00 WHEREAS, the Town of Tiburon, acting by and through the Department of Public Works, has awarded to Contractor Ghilotti_ Bros., Inc. hereafter designated as the "Contractor", a contract for the work described as follows: 2008 - 2009 Street Improvement Project AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof; NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the Town of Tiburon in the sum of $Seven Hundred Thirty Six Thousand Sixty Three & 40/1@ rs 736,063.40 to be paid to said Town or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bound. Contractor, 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 foregoing 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 intent and meaning, and shall indemnify and save harmless the Town of Tiburon, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 23rd day of July , 20 09. Correspondence or claims relating to this bond should be sent to the surety at the following address: 560 Mission Street, Ste 2400 San Francisco, CA 94105 Ghilotti Bros., Inc. l ~ Michael M. Ghilo ti resident Treasurer Contractor Fidelity and Deposit Company of Maryland ame of Surety (SEAT.) By : Attorney-in-Fact , Kelly Holtemann NOTE: Signatures of those executing for the surety must be properly acknowledged. APPROVED AS TO FORM ANN DANFORTH TOWN ATTCRNFY TOWN OF TiBCIRCIN ***SEE ATTACHED** CERTIFICATE OF ACKNOWLEDGEMENT State of California, Town of Tiburon On this day of appeared in the year 20 . before me a notary public in and for the Town of Tiburon, personally , known to me to be the person whose Attorney-in-fact name is. subscribed to this instrument and known to me to be the attorney-in-fact of and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact. (SEAL) Notary Public ACKNOWLEDGMENT State of California County of Marin ) On July 27, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public (insert name and title of the officer) personally appeared Michael M. Ghilotti, President/Treasurer who proved to me on the basis of satisfactory evidence to be the persort(,s') whose name(~iT is1 subscribed to the within instrument and acknowledged to me that he/eY executed the same in his/h-GMiTeir- authorized capacity(jfiKj, and that by hisM r signature,(yon the instrument the personas, or the entity upon behalf of which the person(,sl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHLEEN J. FE2Ew ECKHAUS Commission # 1704510 a - Notary Public - California z Z ; . Marin County n MyComm. E)ires Nov 13, 2010 Signature (Seal) ACKNOWLEDGMENT State of California County of ____Marin On 7/23/09 before me, J. DeLuca, Notarv Public (insert name and title of the officer) personally appeared Kelly_ Holtemann who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(s~ is/af-e. subscribed to the within instrument and acknowledged to me that-4re/she/" executed the same in -I Y r/thek authorized capacity(4ee~, and that by 4ije/her/tom signature( on the instrument the person(, or the entity upon behalf of which the person(,&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. f SignaturW-'----~ J. DELUCA D 0 COMM. #1815054 NOTARY PUBLIC-CALIFOFWA MARIN COUNTY 0 1 My Comm. Expires October 24. 2012 (Seal) Bond Executed in Triplicate TOWN OF TIBURON PAYMENT BOND (Section 3247, Civil Code) Bond No: 08963991 Premium: Included WHEREAS, The Town of Tiburon , acting by and through the Public Works Department, hereafter referred to as "Obligee", has awarded to Contractor Ghilotti Bros., Inc. , hereafter designated as the "Principal", a contract for the work described as follows: 2008 - 2009 Street Improvement Project AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material, men and other persons as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of. Seven Hundred Thirty Six Thousand Sixty Three & 40/100-- dollars 73.6,063.40 for which payment, we bind ourselves, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an 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 surety will pay a reasonable attorney's fee to fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons 'or their assigns in any suit brought upon this bond. Dated: July 23rd , 20 09 Correspondence or claims relating to this bond Ghilotti Bros., Inc. should be sent to the surety at the following address: Michael M. Ghilo ti, resident/Treasurer Principal 560 Mission Street, Ste 2400. Fidelity and Deposit Company of Maryland San Francisco, CA 94105 Surety (SEAL) By : Attorney-in-Fact Kelly Holtemann NOTE: Signatures of those executing for the surety must be properly acknowledged. APPROVED AS TO FORM ANN DANFORTH TOWN ATTORNEY TOWN OF TIBURON ACKNOWLEDGMENT State of California County of Marin on July 27, 2009 before me, Kathleen J Frew-Eckhaus, Notary Public (insert name and title of the officer) personally appeared Michael M. Ghilotti, Preside nVTreasurer who proved to me on the basis of satisfactory evidence to be the perso*) whose name(e isles subscribed to the within instrument and acknowledged to me that he/y executed the same in his/h-ertthe+r authorized capacityUasl, and that by his/her signature,&s)-on the instrument the personas, or the entity upon behalf of which the person(,0 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHLEEN J. FREW ECKHAUS Commission # 1704510 Notary Public -California z z Morin County My Canm. EXPires Nov 13, 2010 Signature (Seal) ACKNOWLEDGMENT State of California County of Marin On _7/23/09 before me, J. DeLuca, Notary Public (insert name and title of the officer) personally appeared Kelly_ Holtemann ----I who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(sa is/aye subscribed to the within instrument and acknowledged to me that-tie/she/" executed the same in -h eYher/their authorized capacity(4ee; and that by #e/her/t4;o-* signature( on the instrument the personM, or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ _ r J. DELUCA D 0 COMM. #1815054 d ` NOTARY PUBLIC-CALIFORNIA Q MARIN COUNTY O My Comm, Expires October 24. 2012 (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 GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect ~t(&"A roof, does hereby nominate, constitute and appoint Kelly HOLTEMANN and Joan DEL df,S~~n r , California, EACH its true and lawful agent and Attorney-in-Fact, to make, execu '~y,~as surety, and as its ertakincys in pursuance of these ~p~ ,4 act and deed: an and all bonds and undertakin n o presents, shall be as binding upon said Co y~ 0~~E a lr t i rf `and purposes, as if they had been duly executed and ackno at its office in Baltimore Md.) in their own w 'd b1 ct`e~d C ledge U P Y d M 4. proper persons. This~^ attt re 1 , ' ~ehalf'of Kelly HOLTEMANN, dated August 30, 2007. The said Assistant Section 2, of the By- ,_rtffV that the extract set forth on the reverse side hereof is a true copy of Article VI, y, and is now in force. IN WITNESS WMRrOF, 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 3rd day of December, A.D. 2007. ATTEST: ~p DEP psr o VOW* 'v 1~ ? 4,vw4~L~ State of Maryland Sg: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: 1 Gregon, E. Murray Assistant Secretary Theodore G. Martinez On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, 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 first above written. Iy, may. i A ~ r Constance A. Dunn Notan' Public My Commission Expires: July 14, 2011 POA-F 016-0949G EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 23rd day of July 2009 Assistant Secretarv ~F6`r CERTIFICATE OF LIABILITY INSURANCE OP ID SD DATE(MM/DD/YYYY) GHILO-1 07/24/09 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: Natl Fire Ins. Co. of Hartford 20478 INSURER 8: Transportation Ins. Co. 20494 Ghilotti Bros., Inc. INSURER C: Continental Casualty Company 20443 525 Jacoby Street San Rafael CA 94901 INSURER D: Zurich American Ins Co of Ill 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. ' IN5 LTR AUU L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 A X X COMMERCIAL GENERAL LIABILITY GL2 0 981310 32 10/01/08 10/01/09 PREMISES (Ea ocwrence) $ 100,000 CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ 5 , 0 0 0 X Brd Form PD $10,000 PD DED - PER OCC PERSONAL BADV INJURY s2,000,000 X Cntrctl/XCU Incl. INDEP. CONTRACTORS INCL. GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X JECOT LOC Em 1 Liab 1,000,000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 B X X ANY AUTO BUA2087746336 10/01/08 10/01/09 (Ea accident) , , ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ 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 EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS! UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 C X X OCCUR CLAIMS MADE L2098041315 10/01/08 10/01/09 AGGREGATE $10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION A -1 X T AND EMPLOYERS' LIABILITY TORY LIM ITS D ANY PROPRIETOR/PARTNER/EXECUTNED OFFICER/MEMBER EXCLUDED? WC427761402 10/01/08 10/01/09 E.L. EACH ACCIDENT $1,000,000 -I (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. Job: 2008-2009 Street Improvement Project; GBI #09417 Certificate holder is named as an additional insured per form G140331A99 and CA2048; copies attached herewith. 30XG14033lA99/CG2404/CA2048/923186A/WC040306 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TIBUR05 DATE THEREOF, THE ISSUING INSURER WILL EploreAVOR *9 IL 30 DAYS WRITTEN Town of Tiburon, its officials NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAII:WRE TO 99 604WALL employees, agents & contractor and Town's Engineer 1505 Tiburon Blvd. A~TH~R)ZE NTAnVE Tiburon CA 94920 \7x' C AcURD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD G-140331-A99 (Ed. 10/1) CNA For All Commitments You Make* Named Insured: Ghilotti Bros., Inc. Policy No. GL2098131032 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: Designated Project: Town of Tiburon, its officials, employees, agents 2008-2009 Street Improvement Project & contractor and Town's Engineer GBI #09417 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) 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. L 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) POLICY NUMBER: GL2098131032 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Town of Tiburon, its officials, employees, agents & contractor and Town's Engineer (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 POLICY NUMBER: BUA2087746336 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the Following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective: 7/24/09 Countersigned by: Named Insured: Ghilotti Bros., Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Town of Tiburon, its officials, employees, agents & contractor and Town's Engineer (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Named Insured: Ghilotti Bros., Inc. Policy No. BUA2087746336 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Name of Person or Organization: Town of Tiburon, its officials, employees, agents & contractor and Town's Engineer (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. 923I86A 0589 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 10/01/08 12:01 a.m. Issued to: Ghilotti Bros., Inc. By, Zurich American Insurance Co of IL forms a part of Policy No. WC427761402 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2 % of the total estimated workers compensation Premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by: r-, Authorized -"Representative