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HomeMy WebLinkAboutPaulson Excavating, Inc. 2006-10-17Get. 10 1-7 Cite CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA AGREEMENT FOR MENDOCINO DRIVE STORM DRAIN REPLACEMENT Specification No. 06-12 THIS AGREEMENT, made this - day of ol'Tb�%C/� , 20_", by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and / 4li1Snh 45-oV4 //.-lS , 1 �al✓c, hereinafter called the Contractor, WITNESSETH: 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 forty-five (45) calendar days notwithstanding allowable "unavoidable delays" as defined in the special conditions. Contract days shall be counted starting with the 10th day following notice of award of contract 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 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 II. 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 M:\2006\406082\Spec 06-12\Tendo Dr SD Repi 46 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. 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 contract or 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. 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 M:\2006\406082\Spec 06-12\Mendo Dr SD Repl 47 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 employee 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. MA2006\406082\Spec 06-12\1\4endo Dr SD Repl 48 (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. (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 Attest: By: sir -rte- - �- MAYOR, CITY GrF UKIAH CITY CLERK, CITY OF UKIAH CONTOZAC `OR sysam[L�I�!f Li Title: C The foregoing contract is approved as and legality this l�"day of G/ a ` . , 20T_6 OF UKIAH M:\2006\406082\Spec 06-12\Mendo Dr SD Repl 49 ry �f uk�a� October 20, 2006 Mr. Keith Paulson Paulson Excavating, Inc. P. O. Box 339 Albion, CA 95410 RE: Notice to Proceed Mendocino Drive Storm Drain Replacement Specification No. '06-12 Dear Mr. Paulson: Enclosed please find a fully executed agreement for your files. I have also enclosed your copies of the Faithful Performance Bond and the Material and Labor Bond. By this letter you are authorized to proceed with this project. The work constructed under this project shall be completed within the time allotment identified the project documents. Thank you for your assistance with this project. Please do not hesitate to contact me at (707) 463-6282 if you have any questions. Sincerely, Alan Hasty, Assistant Engineer Department of Public Works cc: Tim Eriksen, Director of Public Works / City Engineer Gail Petersen, City Clerk file 300 SEMINARY AVENUE, UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com BOND EXECUTED IN DUPLICATE BOND NO: 0428044 PREMIUM: $1,245.00 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we the unders igned, PAULSON EXCAVATING, INC. AS PRINCIPAL, and INTERNATIONAL FIDELITY INSURANCE COMPANY , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of FORTY NINE THOUSA�n 12EHI' 001100 — dollars ($_ 49,804.00 ) forthe 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 OLfobB-, 20 19," , 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 indemnify the 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, or 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 11 TH day of OCTOBER 2(96 In the presence of.- WITNESS: f:WITNESS: (SEAL) (Individual Principal) n/a (Business Address) (City/State/Zip Code) MA2006\406082\Spec 06-12\Mendo Dr SD Repl 51 WITNESS: (SEAL) PAULSON EXCAVATING, INC. (Corporate Principal) 32760 ALBION RIDGE ROAD (Business Address) ALBION, CA 95410 (City/State/Zip de) r BY ATTEST: kt-� (CORPORATE) ATTEST: SEE ATTACHED NOTARY (SEAL) (Corporate Principal) n.,/— (Business Address) (City/State/Zip Code) (AFFIX) (CORPORATE) f�R (SEAL) (Corpo t N qA gfgl'IY I SU CLMPANY 1575 TREAT BLVD., STE 208 (Business Address) WALNUT CREEK, CA 94598 (City/State/Zip ade) l 1� The rate of premium on this bond is $ 25/M JOAN DEN qWouS`anV�Y—IN—FACT The total amount of premium charges is $-1,245, 00 (The above is to be filled in by Surety Company.) (Power of Attorney of person signing for Surety Company must be attached). M:\2006\406082\Spec 06-12\Mendo Dr SD Rep] 52 (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. (Affix) (Corporate) (Seal) M:\2006\406032\Spec 06-12\Mendo Dr SD Repi 53 State of California County of SONOMA On _ 10111 /06 before me, LAWRENCE J, COYNE NOTARY PUBLIC (here insert name and title of the officer.) personally appeared TORN nPrzfrA ATTORNEY--IN-FACT Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)-whose name( -s-) is/ate subscribed to the within instrument and acknowledged to me that hekglhe etc executed the same in his authorized capacity.(�--s}, and that by h . is/hefAheo signature,-) on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature _ I' ! ! !►� !I! ! �_ _44 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, PAULSON EXCAVATING INC. INSURANCE COMPANY AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of `= FOUR THOUSAND NINE H[INDRED TWO & 00 /100 --dollars ($ 24.902.00 ) forthe payment ofwhich sumwe bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREA the Principal has entered into a certain Contract with the City, dated ® J6ir /7 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 indemnify the 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 specia! 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 11TI-Jrlay of In the presence of: WITNESS: ! • : !1■ (SEAL) (Individual Principal) n/a (Business Address) (City/State/Zip Code) MA2006\406082\Spec 06-12\Mendo Dr SD Repl 54 WITNESS: (SEAL) PAULSON EXCAVATING, INC. (Corporate Principal) 32760 ALBION RIDGE ROAD (Business Address) ALBION, CA 95410 (CitylState/ ip de) BY:'Aa-P-7- ATTEST: Aa- --7 ATTEST: 'FFIX) (CORPORATE) (SEAL) (Corporate Principal) n/a (Business Address) ATTEST: SEE AT'T'ACHED NOTARY ACKNOWLEDGMENT (City/State/Zip Code) (AFFIX) (CORPORATE) (SEAL) IDt; NW@ F9SELUREZI'I y') INSURANCE COMPANY 1575 TREAT BLVD., STE 208 (Business Address) WALNUT CREEK, CA 94598 (City/State/ 'p Code) B . The rate of premium on this bond is $ 25/M JOAN DELU%, t&r�6WEY—IN—FACT The total amount of premium charges is $ 1,245.00 (The above is to be filled in by Surety Company.) (Power of Attorney of person signing for Surety Company must be attached). MA2006\406082\Spec 06-12\Mendo Dr SD Repl 55 (CERTIFICATE AS TO CORPORATE PRINCIPAL) 1, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and aftested to for and in behalf of said corporation by authority of its governing body. (Affix) (Corporate) (Seal) MA2006\406082\Spec 06-121Mendo Dr SD Repl 56 ACKNOWLEDGMENT State of California County of SONOMA On _19J- 1 /06 before me, LAWRENCE J. COYNE. NOTARY PUBLIC (here insert name and title of the officer.) personally appeared TOAN T�TTTCA, ATTORM-IN-FACT personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) -whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/ t}aey. executed the same in hisy�i t.(a. authorized capacity(ie.$), and that by his/he#th=-ff signature{&) on the instrument the persons- . or the entity upon behalf of which the persOR(s) acted, executed the instrument. VVITNESS my hand and official seas. SignatureC Ue x. Wer �i. w ;3 NOTAF ,' PUSLi r`'t 2 Tal (973) 6244200 POWER OF ATTORNEY INTERNATIONAL F]IDELITY,INSURANCE , COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 ]KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint .......... ­ ........ ** .................................. ­ ....... * ......... ........ * ......... ­* ................ .......... .............. ........ LORAN G.E. RYN, LAWRENCE J. COYNE, KELLY HOLTEMANN, JOAN DELUCA Petaluma, C.A. ............. ­.. ...... its ­ ....... ....... ............. .......... ........ ................ ...... true and lawful attorneys)-in-fact execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted law, statute, rule areulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon"le said j��� NAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and maybe revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY as-URANCE COMPANY at a meeting called and held on the 7th day of February, 974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th ay of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company maybe affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by re facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ty IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be a signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003, Vd SEAL INTERNATIONAL FIDELITY INSURANCE CO 1904 STATE OF NEW JERSEY County of Essex Secreta On this 29th day of August 2003, before me came the individual who executed the recedin instrument, to me personall known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL SINLITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company, OAR IN TESTIMONY WHEREOF, I have hereunto set my band affixed my Official Seal, W Co at the City of Newark, New Jersey the day and year first above written. NOTARY PUBLIC 'IE A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION t My Commission Expires Nov. 21, 2010 1,>the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and thatthe same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 11 TH day of OCTOBER, 2006 Assistant Secretary CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCiSCO,CA 9414270807 COMPENSATION INSURANCE CERTIFICATE OF WORKERS` COMPENSATION INSURANCE ISSUE DATE: 10-11-2006 GROUP: 000641 POLICY NUMBER: 0000529-2006 CERTIFICATE ID: 155 CERTIFICATE EXPIRES: 10-01-2007 10-01-2006/10-01-2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 154 DATED 10-11-2006 CITY OF UKIAH NC JOB:MENDOCINO DR. STORM DRAIN REPLACEMENT DEPARTMENT OF PUBLIC WORKS SPECIFICATION NO. 06-12 300 SEMINARY AVE UKIAH UKIAH CA 95482-5400 CA 95482 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �THORIZEDREPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - KEITH T PAULSON PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - JAYNIE PAULSON SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-1997 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006-10-06 IS ----ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF UKIAH EMPLOYER PAULSON EXCAVATING, INC PO BOX 339 ALBION CA 95410 (REV.2-05) all [B 10, NF] PRINTED : 10-11-2006 NC COT. LIABILITY I DATEMMIDDIY PRODUCER (916)443-0200 FAX (916)443-0251 Owen -Dunn Insurance Services License Number: 0670167 2831 G Street Sacramento, CA 95816-3721 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Paulson Excavating, Inc. P.O. Box 339 Albion, CA 95410 wsURERA: Zurich Insurance Services Inc. INSURERB: National Union Fire Ins. Co. INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L ialGENERAL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LIABILITY CP0427742300 10/31/2005 10/31/2006 EACH OCCURRENCE $ 1,000,000 }( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE ®OCCUR MED EXP (Any one person) : $ ILO, 000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY jE LOC AUTOMOBILE X LIABILITY ANY AUTO CP0427742300 10/31/2005 10/31/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ ANY AUTO EXCESSIUMBRELLA LIABILITY BE9036224, 10/31/2005 10/31/2006 EACH OCCURRENCE $ 1,000,000 _k] OCCUR FICLAIMS MADE AGGREGATE $ 1,000,000 B $ $ DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC — SCIF WC LIMIT.0TH- R ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ A OTHER Leased, Rented Equipment CP0427742300 10/31/2005 10/31/2006 Limit $200,000 Deductible $5000 Special Form DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Medocino Drive Storm Drain Replacement Specification No. 06-12 Mendocino Drive, Ukiah, CA 95482 General Liability Additional Insured with primary wording per attached endorsement CG 2010 10/01. General Liability Waiver of Subrogation applies per attached. ••**REVISED*** *Upon nonpayment of premium, 10 days notice of cancellation applies. City of Ukiah Dept. of Public Works 300 Seminary Ave. Ukiah, CA 95482 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KNXXXOMN MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, )WM)M%X*MXIKK #M)@= I3XXUNNX.D( XXXXXXXXX AUTHORIZED REPRESENTATIVE Kelley Johnson/KIA ACORD 25 (2001108) ©ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) City of Ukiah Dept. of Public Works Certificate issued to City of Ukiah Dept. of Public Works 10/18/2006 Owen -Dunn Insurance Services 10/11/2006 CG 2010 (10/01) COMMERCIAL GENERAL LIABILITY INSURED: Paulson Excavating, Inc. INSURANCE COMPANY: Zurich Insurance Services Inc. POLICY NUMBER: CP0427742300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -. OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Ukiah, its officers, officials, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operation and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. CG2010 10/01 Copyright, ISO Properties, Inc., 2000 Page 1 of 1 10/11/2006 CG2404 (10/93) Commercial General Liability NAMED INSURED: Paulson Excavating, Inc. INSURANCE COMPANY: Zurich Insurance Services Inc. POLICY NUMBER: CP0427742300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US City of Ukiah Dept. of Public Works Certificate issued to City of Ukiah Dept. of Public Works 10/18/2006 Owen -Dunn Insurance Services This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Ukiah, its officers, officials, employees and volunteers Any organization where the Named Insured is required to and/or agreed to by contract of Transfer of Rights of Recovery Against Others to us. (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 organizationshown in the Schedule above. CG2404 (10/93) Copyright, Insurance Services Office, Inc., 1992