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HomeMy WebLinkAboutPar Electrical Contractors, Inc. 2009-08-26CITY OF UKIAH Mendocino County, California AGREEMENT FOR DISTRIBUTION POLE REPLACEMENT Specification No. 09-11 THIS AGREEMENT, made this 1 day of ' . 2009, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and PAR ELECTRICAL CONTRACTORS, INC. hereinafter called the Contractor, W ITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within one hundred and fifty (150) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without DISTRIBUTION POLE REPLACEMENT 37 Spec. No. 09-11 giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Article 11. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. ~Fl Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contractor understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. DISTRIBUTION POLE REPLACEMENT 38 Spec. No. 09-I1 The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. DISTRIBUTION POLE REPLACEMENT 39 Spec. No. 09-11 (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Scales 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this day of 20, CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ER, ITY OF UKIAH s A ~ Attest: CITY CLERK, CITY OF UKIAH By: a 1 CONTRACTOR Attest: Title: DISTRIBUTION POLE REPLACEMENT 40 Spec. No. 09-11 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on , 2009, by and between the City of Ukiah (Ukiah) and PAR ELECTRICAL CONTRACTORS, INC. (Contractor). Contractor is performing the work as requesting in Specification No. 09-11, Distribution Pole Replacement, for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: Z'L - TITLE: &A M ~6 AIA 4- DISTRIBUTION POLE REPLACEMENT 41 Spec. No. 09-11 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND BOND #82160447 KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, PAR ELECTRICAL CONTRACTORS, INC. 4770 N. BEL_LEVIEW AVE., SUITE 300, KANSAS CITY, MO 64116 , AS PRINCIPAL, and FEDERAL INSURANCE COMPANY AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of FOUR HUNDRED SIXTY THREE THOUSAND THIRTY SIX ANLir1S463,036.00******} for the payment of which sum we bind ourselves' our heirs, executors, a m1 istrators and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated , 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnifythe City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full .force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of 20 In the presence of: WITNESS: (individual Principal) EAL) (Business Address) (City/State/Zip Code) DISTRIBUTION POLE REPLACEMENT 42 Spec. No. 09-11 WITNESS: TE T~ < 'I ATTEST: PAR ELECTRICAL CONTRACTORS,(i (Corporate Principal) 4770 N. BELLEVIEW AVE., SUITE 300 (Business Address) KANSAS CITY, MO 64116 (City/State/Zip Code) (City/State/Zip Code) 3 The total amount of premium charges is (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) DISTRIBUTION POLE REPLACEMENT 43 Spec. No. 09-11 each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 31". day of August, 2005 enneth C. Wendel, As stant Secretary n mith, Vice President STATE OF NEW JERSEY _ ss. County of Somerset On this 31". day of August, 2005 before me, a Notary Public of New Jersey, personaiiy came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with John P. Smith, and knows him to be Vice President of said Companies; and that the signature of John P. Smith, subscribed to said Power of Attorney is in the genuine handwriting of John P. Smith, and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal ~Q~tiN e. 9,p~~ STIN"M & T y ~XOTARY No" Public, StaM of N" 36" . No. 232' 097 pUBL% rJs. r'ommissionExpires Cd.25,2009 Notary Public JEPS CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ail powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this RAN „ ~QENHgr p `~,c{sUR!IH~+~,f' ~F `p,R ~,t,~~OppOR.~tFO Sew / ~ p~ 1([ 9 .16 ~NDIANF ~f qS~~ 't'fIyYOR~ Kenneth C. Wend , Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MIEN BY THESE PRESENTS, That we the undersigned, PAR ELECTRICAL CONTRACTORS, INC. 4770 N. BELLEVIEW AVE., SUITE 300, KANSAS CITY, MO 64116 and FEDERAL INSURANCE COMPANY 1100 WALNUT, SUITE 1800A, KANSAS CITY, MO 64106 BOND #82160447 AS PRINCIPAL, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City"in the penal sum of FOUR HUNDRED SIXTY THREE THOUSAND THIRTY SIX AND NO/1.00************ dollars($463,036.00*******) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated , 2C, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnifythe Cityfor all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of ,20 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) DISTRIBUTION POLE REPLACEMENT 44 Spec. No. 09-11 _ P WITNESS: ~ Act? r`7 2 .j 4770 N. BELLEVIEW AVE., SUITE 300 (Business Address) KANSAS CITY, MO 64116 (City/State/Zip Code) (Corporate Principal) Affix Carpc, rata Seal AT ST: - The rate of premium on this bond is The total amount of premium charges is PAR ELECTRICAL CONTRACTORS, I WAL) (Corporate Principal) ~utLa k8i (Business Ad ress) (City/State/Zip Code) FEDERAL INSURANCE COMPANY Affix (Corporate Surety) Corporate 1100 WALNUT, SUITE 1800A Sal (Business Address) KANSAS CITY, MO 64106 1 (City/State/Zip Code) Y_~~ per th usan W N ATTY-IN-FACT (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) DISTRIBUTION POLE REPLACEMENT 45 Spec. No. 09-1 each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 31st. day of August, 2005 Kenneth C. Wendel, As stant Secretary n milh, Vice President STATE OF NEW JERSEY ss. County of Somerset J~~ On this 3181. day of August, 2005 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority; and that he is acquainted with John P. Smith, and knows him to be Vice President of said Companies; and that the signature of John P. Smith, subscribed to said Power of Attorney is in the genuine handwriting of John P. Smith, and was thereto subscribed by authority of said By- Laws and in deponent's presence.. Notarial Seal C. T ra OOTAAyNo" Public, of N" kNeV ..-a--- . No.2321097 pUBL% Commission &piros OcP. 25, 2009 Notary Public JE- CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ail powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel; Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this Mir 1 er0W rc ~ ~OIAW~' ~ srsrbn5~ ~~~'tYYntt~+S Kenneth C. Wend , Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 02255- U (Ed. 5- 03) CONSENT DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/24/2009 PRODUCER John L. Wortham & Son, L.P. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2727 Allen Parkwa ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Parkway HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Houston, TX 77019 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 713-526-3366 www.worthaminsurance.com INSURED Par Electrical Contractors, Inc. Division #7 4770 N. Belleview Avenue, Suite 300 Kansas City MO 64116-2188 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Old ReDublic Insurance ComDanv 2z INSURER B: INSURER C: INSURER D: INSURER E: COVERAAFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' N RD TYPE O INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DDIYYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS A - GENERAL LIABILITY EACH OCCURRENCE _ $ 5,000,000 COMMERCIAL GENERAL LIABILITY MWZY58430 8/71/2009 8/1/2010 PREMISES (Ea occurs nce $ 5,000,000 CLAIMS MADE OCCUR IVIED EXP (Any one person) $ excluded PERSONAL& ADV INJURY $ 55,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'LAGGREG ATELIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 5,000,000 PRO- LOC POLICY A AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT /1/ $ ANY AUTO MWTB20698 8 2009 8/1/2010 (Ea accident) 5,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION MWC11619200 8/1/2009 8/1/2010 WC S- H- LAT O 1 AND EMPLOYERS' LIABILITY TO RY TS ER V _ YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 00Q 000 OFFICER/MEMBER EXCLUDED? N (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 / SPECIAL PROVISIONS Re: distribution Pole Replacement, Specification No. 09-11 see attached addendum ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 5621673 CLIENT CODE: 10QUP.NTSER (HOU) Sandy Moore 8/24/2009 1:45:21 PM Page 1 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded- by the policies listed thereon. CANCELLATION NOTICE The CANCELLATION NOTICE on the CERTIFICATE OF INSURANCE is amended to include the following wording: The Insurance Companies may cancel the described policy(ies) by mailing or delivering ten (10) days written notice of cancellation to the Named Insured for: (1) Non Payment of premium of (2) any other circumstance permitted by state law or policy conditions. ADDITIONAL INSURED DISCLAIMER Coverage for Additional Insureds can vary significantly from policy to policy and thus Additional Insured status does not guarantee protection for all losses. Coverage is subject to actual policy terms and conditions. CERT NO.: 5621673 CLIENT CODE: IOQUP.NTSER (HOU) Sandy Moore 8/24/2009 1:45:21 PM Page 2 of 4 [CERTIFICATE -ATTACHMENT arced Insured: Par Electrical Contractors, Inc. Division #7 4770 N. Belleview Avenue, Suite 300 Kansas City MO 64116-2188 Installation Limits: $25,000,000 - Per Project $ 5,000,000 - At any temporary storage location $ 5,000,000 - Any one occurrence as respect horizontal drilling projects $ 2,000,000 - In transit any one conveyance $ 1,500,000 - Debris Removal $ 1,000,000 - As respect expediting and extra expense Contractor's Equipment $25,000,000 - Any one occurrence $ 2,500,000 - Any one item borrowed, leased or rented items (short term) $ 1,000,000 - Any one occurrence as respect riggers liability Issue Date: 8/24/2009 Real Property, Business Personal Property, EDP Hardware & Media, Business Interruption and Extra Expense $25,000,000 - Any one occurrence $ 500,000 - Business interruption and Extra Expense $ 500,000 - Unnamed locations $ 500,000 - Personal property in transit Policy Aggregates: Flood - $10,000,000 any one occurrence/annual aggregate Earthquake - $10,000,000 any one occurrence/annual aggregate Coastal Named Windstorm - $15,000,000 per occurrence/annual aggregate Valuation: Installation - The cost to repair or replace the property lost or damaged at the time and place of loss with material of like kind and quality. Contractors Equipment- Owned Equipment - The lesser of the cost to repair or replace with like use, kind and quality valued as of the time of the loss or damage or the stated value for any one item insured as shown on the schedule on file with the company. Borrowed/leased/rented equipment - the cost to repair or replace with like use, kind, and quality valued as of the time and place of loss or damage or the named insureds liability as set forth in the lease or rental agreement. Real property, business personal property, EDP hardware and media - replacement cost Business interruption and extra expense - actual loss sustained Certificate holder is included as loss payee as their interest may appear. Y _ -eceitsonliiie CERT NO.: 5621673 CLIENT CODE: 10QUANTSER (HOU) Sandy Moore 8/24/2009 1:45:21 PM Page 3 of 4 i i ~CERTIFICATE -ADDENDUM N ed Insured: Par Electrical Contractors, Inc. Division #7 4770 N. Belleview Avenue, Suite 300 Kansas City MO 64116-2188 Certificate Holder: Issue Date: 8/24/2009 City of Ukiah Attn: Mary Horger 300 Seminary Ave. Ukiah CA 95482 General Liability policy includes aggregate limits of insurance per project subject to a maximum policy aggregate of $20,000,000. General Liability policy includes the City of Ukiah, its officers, officials, employees and volunteers as an additional insured when required by written contract but only as respects liability arising out of named insured's work for additional insured. The coverage afforded to the certificate holder as an additional insured is primary and non-contributory with any similar insurance maintained by them when required by written contract. Workers' Compensation policy includes waiver of subrogation in favor of City of Ukiah, its officers, officials, employees and volunteers when required by written contract but in no event shall such coverage exceed the limits, terms or conditions of the policy. Property policy includes waiver of subrogation in favor of City of Ukiah, its officers, officials, employees and volunteers if required in writing and prior to a loss. ecertsonline T'A CERT NO.: 5621673 CLIENT CODE: 10QUPNTSER (HOU) Sandy Moore 8/24/2009 1:45:21 PM Page 4 of 4