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HomeMy WebLinkAboutNorth Bay Construction 12-26-07; Spec 07-04CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR 2002 STIP Local Street Rehabilitation Specification No. 07-04 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482 Bids Open: Thursday, November 29, 2007 2:30 p.m. Office of City Clerk CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR 2002 STIP Local Street Rehabilitation Specification No. 07-04 mi Tr EXP. d'T CNI OF C DA;TF SIG1-4 FD' 1k /S/o-I CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482 Bids Open: Thursday, November 29, 2007 2:30 p.m. Office of City Clerk 12.4TE s 1 G N ED : Q, 20'0 NVVaA4s5R- CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: MARI RODIN - MAYOR PHIL BALDWIN JOHN MCCOWEN DOUGLASCRANE BENJ THOMAS CANDACE HORSLEY - CITY MANAGER TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER RICHARD J. SEANOR - DEPUTY DIRECTOR OF PUBLIC WORKS LINDA BROWN - CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS NOVEMBER 2007 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS " Viii INSTRUCTIONS TO BIDDERS 1 .....................x GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS I 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids J 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT 3 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT 3 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials SECTION 4. BONDS 4 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies 1 SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS 5 i 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions l 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors 2002 STIP Local Street Rehabilitation Spec. No. 07-04 iii SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract. 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning up 6-23. Guaranty SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 11 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT 13 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods 9-02. Time of Completion 2002 STIP Local Street Rehabilitation 14 Spec. No. 07-04 rv 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor 9-10. Overall Work Schedule SECTION 10. PAYMENT 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Works and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay 16 SECTION 11. MISCELLANEOUS 11-01. Notice 11-02. Computation of Time 11-03. Litigation and Forum Selection 11-04. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 20 12-01. Arrangement of Technical Specifications 12-02. Arrangement of Plans 12-03. Business Licenses 12-04. Permits 12-05. Standard Specifications and Standard Plans 12-06. Temporary Facilities 12-07. Existing Utilities 12-08. Public Convenience and Safety 12-09. Maintaining Traffic 12-10. Traffic Control System for Lane Closure 12-11. Cooperation 12-12. Dust Control 12-13. Stream Pollution 12-14. Existing Highway Facilities 12-15. Notification of Underground Service Alert (USA) 12-16. Warranties 12-17. Utilities 12-18. Preconstruction Conference 12-19. Safety Requirements i 2002 STIP Local Street Rehabilitation Spec. No. 07-04 v SECTION 13. CONSTRUCTION DETAILS 25 13-01. Location and Scope of Work 13-02. Preservation of Property 13-03. Watering 13-04. Protection/Replacement of Valve Boxes; Manhole Frames and Covers 13-05. Edge Grinding 13-06. Asphalt Concrete 13-07. Pavement Reinforcing Fabric 13-08. Paint Binder 13-09. Traffic Striping 13-10. Pavement Markings 13-11. Pavement Markers SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 29 14-01. Provisions to be excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 29 15-01. Sections of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL . 30 . FAIR EMPLOYMENT PRACTICES CERTIFICATION WORKER'S COMPENSATION CERTIFICATE . 36 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT 37 LIST OF PROPOSED SUBCONTRACTORS . 38 STATEMENT OF EXPERIENCE OF BIDDER SIGNATURE OF BIDDER 40 BIDDER'S BOND . 41 1 NON-COLLUSION AFFIDAVIT . 42 . l AGREEMENT . 43 . INDEMNIFICATION AGREEMENT 47 l EXAMPLE PERFORMANCE BOND FORM . 48 J EXAMPLE MATERIAL AND LABOR BOND FORM 50 2002 STIP Local Street Rehabilitation Spec. No. 07-04 Vi DIRECTIONS FOR BOND PREPARATION 52 EXAMPLE MAINTENANCE BOND FORM 53 CERTIFICATE OF INSURANCE FORMS TABLE OF QUANTITIES - GRINDING AND ASPHALT CONCRETE TABLE OF QUANTITIES - STRIPING AND PAVEMENT MARKING FIGURE 313-102 - EXAMPLES OF FIRE HYDRANT LOCATION PAVEMENT MARKERS STREET MONUMENT DETAIL DRAWING #140 STANDARD SEWER MANHOLE DRAWING #201 GATE VALVE AND VALVE BOX DETAIL DRAWING #307 l 2002 STIP Local Street Rehabilitation i vii Spec. No. 07-04 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR 2002 STIP Local Street Rehabilitation Specification No. 07-04 NOTICE IS HEREBY GIVEN that sealed standard proposals for 2002 STIP Local Street Rehabilitation, Specification No. 07-04 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:30 p.m. on November 29, 2007, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed "2002 STIP Local Street Rehabilitation, Specification No. 07-04". Bids are required for the entire work described herein. No fax bids will be accepted. ENGINEER'S ESTIMATE OF QUANTITIES Item No. Description Quantity Unit 1. Traffic Control 1 LS 2. Edge Grinding 87 CY 3. Asphalt Concrete 1,131 TON 4. Pavement Reinforcing Fabric 2,963 SY 5. Raise Manhole to Grade 7 EA 6. Raise Valve Box to Grade 16 EA 7. Broken Yellow 4" Painted Traffic Stripe 1,273 LF 8. Solid White 4" Painted Traffic Stripe 102 LF 9. Solid Yellow 4" Painted Traffic Stripe 82 LF 10. Solid White 8" Painted Traffic Stripe 75 LF IL Double Yellow Painted Traffic Stripe 141 LF 12. White Painted Crosswalk 179 LF 13. White Painted Wide Stop Line 22 LF 14. STOP Pavement Marking 4 EA 15. Reflective Blue Pavement Marker (Fire hydrant) 5 EA Plans and Special Provisions may be inspected and/or copies obtained for a non refundable f ee of $15.00 at the Ci try Engineer's Office, Civic Center, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City Engineer and is made in accordance with the details of the Special 2002 STIP Local Street Rehabilitation Spec. No. 07-04 Viii Provisions. Further information regarding the work or these specifications can be obtained by calling Rick Seanor at (707) 463-6296, or at fax phone (707) 463-6204. The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. The City Council also reserves the right to waive any information not material to cost or performance in any proposal or bid. Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and holidays including employer payment for health and welfare, vacation, pension and similar purposes. Copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are available on the Internet at web address: http://www.dir.ca.QOV/DLSR/P WD/ The prime contractor for the work herein shall possess a valid State of California, Class A (General Engineering) or Class C-12 (Earthwork and Paving) Contractor's License. Pursuant to Section 4590 of the California Government Code, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated: •Q 20" rn B n, C y Clerk City of Ukia alifomia PUBLISH TWO TIMES: November 1 1 & 18, 2007 2002 STIP Local Street Rehabilitation Spec. No. 07-04 ix INSTRUCTIONS TO BIDDERS 2002 STIP Local Street Rehabilitation, Specification No. 07-04 shall be performed in accordance with the Plans and Special Provisions therefore adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. On-site work is expected to commence at the start of the 2008 construction season (i.e., April/May 2008, depending on weather conditions). It is therefore anticipated that the work under the Contract will be temporarily suspended, in accordance with Subsection 8-1.05 of the Caltrans "Standard Specifications," promptly after the preconstruction conference for the Contract is conducted. The work is to be completed within sixty (60) calendar days commencing with the Ioth day following receipt of the notice to proceed. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Location of the Work 1. Garret Drive from Elm to State Street 2. West Mill Street from Highland to McPeak 3. Oak Street from Gobbi to Freitas 4. Waugh Lane from 824 Waugh to Gobbi 2002 STIP Local Street Rehabilitation Spec. No. 07-04 Xi GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty- four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. y 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, , Plans, Special Provisions, Contract fortns and the site of the work contemplated therefore. It will be assumed that the )I bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 1-03. Proposal. Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals, which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1=07. Qualification of Bidders. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices i Act (Government Code Section 4100 and following) and shall set forth: (a) The name and the location ofthe place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion ofthe work according to detailed drawings contained in the Plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 9, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-05 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made. will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and may waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgment of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract, which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall confonn thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor's attention is directed to Section 12-05 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. SECTION 4. BONDS 4-01. Faithful Performance Bond. As apart of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract amount, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this 2002 STIP Local Street Rehabilitation Spec. No. 07-04 contract or of extension of tune, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 5-03. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions The City, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability, arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by 2002 STIP Local Street Rehabilitation Spec. No. 07-04 the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 6 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract. said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them. may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or work-men's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 7 Should the Contractor, his or Tier agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish; suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then.in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such.as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. t 1 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility ` j for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or I) employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. i 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor's attention is directed to Section 7-03 of these Special Provisions. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work, provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in Plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the Plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. He or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work be stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the 2002 ST[P Local Street Rehabilitation Spec. No. 07-04 provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately fi•om the work and shall not be reemployed upon it except with the consent of the Engineer. 6-21. Wage Rates. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage I) increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 10 Information relative to apprenticeship standards, wage schedules and other requirements may be I obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. j 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising,out of defective materials, workmanship and equipment.The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract amount, which shall be effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. His or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without 1 approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re- 2002 STIP Local Street Rehabilitation Spec. No. 07-04 examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The contractor shall develop all slope stakes and batter boards. The contractor shall develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shalt have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefore in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $25,000, whichever is the lesser, unless based upon a supplementary agreement 4. to be made therefore. , The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 12 The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefore, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during -or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. Ifthe work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten(10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty ofa substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. SECTIONS. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first- class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 13 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. j 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the l work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise. one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in anyway from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their y sources. J+ All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her j plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and l make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 14 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion ofthe whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable Delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if 2002 STIP Local Street Rehabilitation Spec. No. 07-04 15 the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any erson loyed subcontractor shall not require or permit more than eight this contract, hours of labor in a paying cdompensadonpor all hours worked him or her in the performance of the work under eit to in excess of eight (8) hours per day at not less than 1 '/2 times the basic rate of pay. The to ed in the Contractor shall execution forfonto ` the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman emp y such l J contract by him or her or by any subcontractor, more than eight housandvlolat ono the provisions of S t~on181000 mechanic is required or permitted to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. season 940. Overall Work Schedule. On-site work is expected to commence t the start anticipated that~he wor200 k understhecCont act will be April/May 2008, depending on weather conditions). It is therefore after temporarily suspended, in accordance with Subsection 8-1.05 of the Caltrans "Standard 5t ~ecifications, promptly the preconstruction conference for the Contract is conducted. SECTION 10. PAYMENT certif icates tion presen the -01. Certification by Engineer. All payments under this contract shall made phis been done a d the payments 10 in writing from the Engineer and shall show that the work covered by the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. the The first estimate shall be of the value of eh excoekt the satisfactori shall bel of thedvalue meeting tthe requirements he work satisfactorily contract. And every subsequent estimate, except provided, however, that should the Contractor fail to completed in place since the last preceding estimate was made; from deduct l subsequent adhere to the program of completion fixed in this contract, damages to hheldate of said esrimateXUntildsulch time as the estimates the full calculated accruing amount of the liquidated compliance with the program has been restored. pay or cause The estimate shall be signed by the Engineer and, after approval, h estimated y shallvalue of the work be paid to the pContractor erformed in the manner provided by law, an amount equal to 90 percent of t and complete in place. 10-03. Substitution of Securities. . At such times that Govern ment Code Section 4590 is in effect Contractor may propose the substitution of securities of shall l at least equal market value for any moneys to be withheld to ensure to take place. e Such substitution shall be made value at the be determined as of the day prior to the date such substitution request and expense of the Contractor. The securities shall be one or more of the following types. (a) Bonds or interest-bearing notes or obligations f of the United tates, Snterest or those for which the faith and credit of the United States are pledged for the payment of an b Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. Spec. No. 07-04 2002 STIP Local Street Rehabilitation 16 (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. Q) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings ofa nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of 2002 ST1P Local Street Rehabilitation Spec. No. 07-04 17 securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to p convert securities to cash and to gain immediate possession of the cash. I 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, j whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the tenors of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of J payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefore each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above 2002 STIP Local Street Rehabilitation Spec. No. 07-04 18 required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9- 1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work, which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. Ifthe time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 19 SECTION IL MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the finn or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. The parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. 11-04. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. 12 13 14 15 Title General Information Construction Details Exclusions from General Conditions Amendments to General Conditions 12-02. Arrangement of Plans. The Plans consist of two (2) sheets and are hereby made a part of the Contract Documents. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 20 12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. The Contractor shall provide, procure and pay for all permits including encroachment permits required to carry on and complete this work. The City will issue a no fee encroachment permit to the Contractor allowing him to perform work within City right of way after the Contract documents have been executed and insurance certificate and endorsements have been approved by the City. The City will obtain a Caltrans Encroachment which conditions must be followed by the Contractor. One condition of this Caltrans permit is that the Contractor pay a fee of $250.00 to $350.00 directly to Caltrans. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation May, 2006, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works. En . ineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section 1, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. (City) Special Provisions 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities, which are a result of the work. 12-07. Existing Utilities. In general, the locations of existing utilities are indicated on the drawings and/or will be marked on the ground at the site. The accuracy of completeness of this information is not guaranteed, however and unless otherwise indicated on the Project Plans or in these Special Provisions, or unless otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone conduits, structures, house connections lines and other surface or subsurface structures of any nature that may be affected by the work shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by him or her during the progress of the work; provided, that should the Contractor in the performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature arising from such disturbance or the replacement or repair thereof shall be borne by the Contractor. In case it should be necessary to move permanently or to maintain temporarily the property of any public utility or other property, the cost must be borne by the Contractor. However, the City reserves the right, if requested by the owner, to 2002 STIP Local Street Rehabilitation Spec. No. 07-04 21 permit the owner to move or maintain the utility at the Contractor's expense. All existing utilities shall be kept in service during the progress of the work. Where protection is required to insure support located substantially as shown on the Project Plans, the Contractor shall furnish and place the necessary protection at his or her expense. The right is reserved to the State, the County or the City therein and to the owners of public utilities and franchises, to enter upon any street, road, right-of.-way or easement for the purpose of maintaining or of making necessary repairs or changes in their property made necessary by the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, fumish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site, indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the project site and on each side of the affected street. The Contractor shall also give notice to the Engineer a minimum of 72 hours in advance of working at the site so that the City can give written notice to adjacent property owners. t If, at the end of the working day, the grade is more than 2" below the finished grade, the contractor shall provide a temporary ramp to a minimum of one driveway per property. The ramps shall be compacted, be constructed no steeper than 6:1, and be a minimum of 12 feet wide. Payment. Full compensation for complying with this section shall be considered as part of the lump sum payment for Traffic Control, and no additional compensation will be allowed therefore. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7- 1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7- 1.09. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and designated City holidays, after 3:00 p.m. Fridays and the day preceding designated City holidays, and when construction operations are not actively in progress. } Designated City holidays are: January I the third Monday in January, the third Monday in February, the last Monday in May, July 41h, the first Monday in September, the second Monday in September, the second Monday in October, the second Monday in November, Thanksgiving Day, the day following Thanksgiving Day, December 24`h, December 25th, December 31 When a designated City holiday falls on a Sunday, the following Monday shall be a designated City holiday. When a designated City holiday falls on a Saturday, the preceding Friday shall be a designated City holiday. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 22 Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order. At the end of each working day if a difference in excess of2 inches exists between the elevation ofthe existing pavement between lines, the contractor shall furnish and place portable delineators along said drop-off. "Do Not Pass" signs shall also be placed at 500 feet intervals when delineators are required. Full compensation for furnishing and placing delineators and signs shall be considered as included in the various items of work and no additional compensation will be allowed. The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications. Payment. Full costs for "Maintaining Traffic", including "Flagging Costs" shall be considered as part of the lump sum payment for Traffic Control System and no additional compensation will be made. 12-10. Traffic Control System for Lane Closure. A traffic control system shall consist of closing traffic lanes and ramps in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, and provisions under "Maintaining. Traffic" elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor of their responsibilities that may be necessary to comply with the provisions in Section 12-08, "Public Safety", of the Standard Specifications. The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in the State Right-of Way. The contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control during construction. At a minimum the plan shall incorporate the following restrictions: • No more than two adjacent streets crossing the project site will be closed to cross traffic at any one time. • A minimum of one 12-foot wide through lane shall be provided through the length of the working area, except that traffic may be delayed up to 15 minutes. The following information shall be included in the Traffic Control Plan: • Sequencing of construction • Street layout, with street names and direction of flow • Location and types of construction area signs (including pedestrian notification) • Locations of barriers or other traffic control devices • Location of flaggers • A contingency plan for how to handle emergency vehicles The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the Engineer. The City reserves the right to delay the contractor's operations until such time that a Traffic Control Plan has been reviewed and approved by the Engineer. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 23 When lane closures are made for work periods only, at the end of each work period, all components ofthe traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the contractor so elects, said components may be stored at select central locations, approved by the Engineer, within the limits of the highway right-of-way. Payment. The contract lump sum price paid for traffic control system shall include full compensation for furnishing a Traffic Control Plan, furnishing all labor; materials (including signs), tools, equipment, and incidentals and for doing all the work involved in placing, removing, storing, maintaining and moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12-11. Cooperation. Attention is directed to Section 7-1.14 of the California Standard Specifications. Other construction work by other forces relocating power lines, telephone lines and pipe lines, and constructing other improvements, may be in progress within and adjacent to the limits of this contract at the time work under these Special Provisions is being performed. The Contractor for the work herein specified shall cooperate with the force engaged in performing other work as above described to the end that such forces may conduct their operations with as little inconvenience and delay as possible, and the Contractor shall permit such forces passage through the work as is reasonable and necessary to transport their materials and equipment to the site of their operations. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore. lr 12-12. Dust Control.`' Dust control shall conform to the provisions in Section 10 of the Standard Specifications and these Special Provisions. Full compensation for dust control shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 12-13. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-14. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions. All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way. Such disposal shall conform to the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right-of-Way." Payment Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 12-15. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation. Dial (toll free) 1 (800) 227-2600. 12-16. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 24 12-17. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole 1 responsibility to arrange such services as necessary. In additions to USA notification per section 12-15, the Contractor should be prepared to contact the various agencies directly. Utilities shown on the plans have uncertain depths. The record information available indicates that this work should not conflict with existing utilities. However, all utility companies recommend/require that the Contractor pot hole at sufficient intervals along the USA markings to the depth of work on this project as a check. Coordinate work with various utilities within project limits. Notify applicable utilities at least two days before commencing work or if damage occurs, or if conflicts or emergencies arise during work. 1. Ukiah Water & Sewer Departments a. Contact person: Gary Dogali, Supervisor b. Telephone (707) 467-2813 2. Ukiah Electric Department: a. Contact person: Colin Murphey, Electric Supervisor b. Telephone: (707) 467-2826 3. Pacific Gas and Electric: a. Contact person: Gary. Farnsworth, Gas and Electric Construction Supervisor b. Telephone (707) 468-3955 Pager: (707) 466-6363 4. Pacific Bell Telephone: a. Contact person: Maureen Devany b. Telephone: (707) 468-2605 Payment: Full compensation for Utilities coordination shall be considered as included in the prices paid for various contract items of work and no additional allowances will be made therefore. 12-18. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-19. Safety Requirements. The Contractor shall comply with all pert inent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340) with additions or modifications thereto, in effect during construction of this project. SECTION 13 - CONSTRUCTION DETAILS 13-01. Location and Scope of Work. The work involves placing asphalt concrete overlays on the following streets. a) Garret Drive from Elm to State Street (1.5-inch AC overlay) b) West Mill Street from Highland to McPeak (1.5-inch AC overlay) c) Oak Street from Gobbi to Freitas (1.5-inch AC overlay w/fabric) d) Waugh Lane from 824 Waugh to Gobbi (1.5-inch AC overlay) 2002 STIP Local Street Rehabilitation Spec. No. 07-04 25 The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no way relieve him ofthe responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Rick Seanor at (707) 463-6296. 13-02. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11, "Preservation of Property" of the Standard Specifications and to these Special Provisions. All costs to the Contractor for protecting,. removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore. Payment Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-03. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby property owners without their written permission. Payment. Full compensation for developing and applying water conform ing to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefore. 13-04. Protection/Replacement of Valve Boxes; Manhole Frames and Covers. Existing valve boxes and storm drain and sanitary sewer manhole frames and covers within the limits of work that will involve asphalt concrete overlays shall be either removed and stored prior to the asphalt concrete overlay work or be protected in place at the option of the Contractor. If the items are removed and stored, the Contractor shall place traffic rated covers over the resulting cavity to protect the remaining valve and manhole and the general public prior to and after the paving operations and until the valve boxes or manhole frames and covers are re-installed where they were originally located. Valve boxes that have been removed and stored shall be reset and adjusted to the new pavement grades pursuant to the requirements shown on the City Standard Drawing 307. Should any box be damaged, stolen, or lost during the removal and storage period or should the Contractor fail to properly protect the boxes in place, they shall be replaced in like manner at the Contractor's expense. Valve boxes protected in place shall be adjusted to the new pavement grades, if necessary. Sanitary sewer and storm drain manhole frames and covers that have been removed and stored shall be reset and adjusted to the new pavement grades pursuant to the requirements of City Standard Drawing 201 and Section 15-2.05A, "Frames, Covers, Grates, and Manholes", of the Standard Specifications as modified by these Special Provisions. Should any frame and /or cover be damaged, stolen, or lost during the removal and storage period or should the Contractor fail to properly protect the frame and/or cover in place, they shall be replaced in like manner at the Contractor's expense. Manhole frames and covers that have been protected in place shall be adjusted to the new pavement grades, if necessary. Measurement. Each valve box and lid and each manhole frame and cover that are either protected in place and adjusted or removed, stored, replaced, and adjusted to grade shall be counted as one complete unit. Payment. The contract price paid for each valve box and for each manhole frame and cover that are either protected in place and adjusted to grade or removed, stored, replaced, and adjusted to grade shall be full compensation for providing all labor, materials, equipment, tools, and incidentals necessary to perform either protection in place and adjustment to grade or removal, storage, replacement, and adjustment to grade including, but not limited to, referencing, pavement removal and replacement adjacent to the item, traffic control, barricades, temporary traffic lids, disposal of excess materials, and cleanup and no additional compensation will be made therefore. 13-05. Edge Grinding. Edges of the existing roadway structural section shall be removed by edge grinding to the depths and at the locations indicated on the Plans and as directed by the Engineer. Removal of the existing structural 2002 STIP Local Street Rehabilitation Spec. No. 07-04 26 section adjacent to existing utility boxes (Section 13-05) and those areas adjacent to valley gutters may require handwork. Any required handwork will be considered grinding. Disposal of the material removed shall be in accordance with Section 13-02 "Existing Highway Facilities" of these Special Provisions. After the edge grinding is completed, the existing surface is to be swept of loose material. The.exposed surface, if other than asphalt concrete, shall be graded and compacted in accordance with Section 26 of the Standard Specifications except as provided herein prior to paving. Measurement. Edge Grinding shall be measured by the calculated in place cubic yards removed based on the pavement surface area and the depth of pavement removal. Edge Grinding in excess of the depth as shown on the plans or as directed by the Engineer will not be paid for. Pavment. The contract price paid per cubic yard for Edge Grinding shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work necessary, including modifying the depth of grinding as specified above, any required handwork, sweeping and the disposal of the materials to complete this item as specified, and no additional compensation will be allowed therefore. 13-06. Asphalt Concrete. Asphalt Concrete for asphalt concrete paving shall be %2 inch maximum, medium grade, Type B with AR 4000 asphalt binder and shall conform to the provisions in Section 39, 92, and 93 of the California Standard Specifications except as provided herein and in these Special Provisions. Asphalt Concrete pavement shall be placed at a minimum compacted thickness as shown in Specification Section 13-01 and on the Plans. Asphalt Concrete pavement shall be placed in lifts; each lift shall not exceed a compacted thickness of two (2) inches. Measurement. Asphalt concrete will be measured by the ton as determined by the Public Weighmaster Certificates. Duplicate load slips shall be furnished to the Engineer by and at the sole expense of the Contractor. Where the Contractor has performed unauthorized grinding, the Contractor shall backfill with asphalt concrete to the original subgrade plane shown on the Plans at the Contractor's expense. The Engineer shall calculate the excess quantity of asphalt concrete necessary to backf ill to the original subgrade plane and this quantity will be deducted from the total asphalt concrete tonnage installed. Payment. The contract price paid per ton for Asphalt Concrete shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in placing asphalt concrete and paint binder as specified. 13-07. Pavement Reinforcing Fabric. Pavement reinforcing fabric shall be placed on existing pavement to be surfaced or between layers of asphalt concrete when the work is shown on the plans or specified in the special provisions, or ordered by the Engineer. Before placing the pavement reinforcing fabric, a binder of paving asphalt shall be applied to the surface to receive the pavement reinforcing fabric at an approximate rate of 1. 15 L per square meter (0.25-gallon per square yard) of surface covered. The exact rate will be determined by the Engineer. The binder shall be applied to a width equal to the width of the fabric mat plus 75 mm {3 inches) on each side. Before applying binder, large cracks, spalls and chuckholes in existing pavement shall be repaired as directed by the Engineer, and the repair work will be paid for as extra work as provided in Section 4-1.03D. The fabric shall be aligned and placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric in a wrinkle. If the height of the doubled portion of extra fabric is 15 mm (1/2 inch) or more, the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. Lap in excess of 50 mm (2 inches) shall be removed. Pavement reinforcing fabric shall not be placed in areas of conform tapers where the thickness of the overlying asphalt concrete is 30 mm {0.10-foot} or less. If manual laydown methods are used, the fabric shall be unrolled, aligned, and placed in increments of approximately 9 m (30 feet). 2002 STIP Local Street Rehabilitation Spec. No. 07-04 27 Adjacent borders of the fabric shall be lapped 50 to 100 mm f2 to 4 inches.;. The preceding roll shall lap 50 to 100 mm f 2 to 4 inches} over the following roll in the direction of paving at ends of rolls or at any break. At fabric overlays, both the binder and the fabric shall overlap the previously placed fabric by the same amount. Seating of the fabric with rolling equipment after placing will be permitted. Turning of the paving machine and other vehicles shall be gradual and kept to a minimum to avoid damage. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. Public traffic shall not be allowed on the bare reinforcing fabric, except that public cross traffic shall be allowed to cross the fabric, under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. Care shall be taken to avoid tracking binder material onto the pavement reinforcing fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. Measurement. Pavement reinforcing fabric shall be measured by the calculated in square yards based on the pavement surface area with no allowance made for overlapping at joints. Fabric laid in excess as shown on the plans or as directed by the Engineer will not be paid for. Payment. The contract price per square yard of fabric underseal shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in placing the fabric underseal as specified. 13-08 Paint Binder. Paint Binder shall be furnished and applied in accordance with the provisions of Section 39- 4.02 and Section 94 of the California Standard Specifications. Paint Binder shall be applied to all vertical surfaces of existing pavement, curbs, gutters, and construction joints in the surfacing against which additional material is to be placed, to a pavement to be surfaced, and to other surfaces designated by the Engineer. Immediately in advance of placing asphalt concrete, asphaltic paint binder shall be applied at a rate of 0.02 gallon to 0.10 gallon per square yard of surface covered of the existing bituminous pavement. The exact rate of application of the paint binder will be determined by the Engineer during construction 13-09 Traffic Striping. This work shall consist of painting traffic striping including applying glass beads as per the Plans and in accordance with Section 84, "Traffic Stripes and Pavement Markings" of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing striping prior to any grinding taking place on those streets that have traffic striping. Measurement. Painting traffic stripes will be measured by the linear foot, along the line of the traffic stripes, without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4-inch wide yellow stripes, separated by a 3-inch black stripe, will be measured as one traffic stripe. Payment. The contract price paid per linear foot for painted traffic stripes shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all the work involved in painting traffic stripes. 13-10 Pavement Markings. Pavement markings which include crosswalks and turn arrows shall be painted and 1 shall have glass beads applied as per the plans in accordance with Section 84, "Traffic Stripes and Pavement 2002 STIP Local Street Rehabilitation Spec. No. 07-04 28 Markings" of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing pavement markings prior to pavement grinding on those streets that have pavement markings. Measurement. Pavement marking shall be measured as a lump sum. Payment. The lump sum price paid for Pavement Marking shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, referencing the existing pavement marking and doing all the work involved in painting pavement marking as designated by the Plans, and no additional compensation will be allowed therefore. 13-11 Pavement Markers. Blue, reflective, pavement markers shall be placed across from city fire hydrants, and conform to the provisions in section 3B-03 of the California Manual on Uniform Traffic Control Devices and the attached figure 3B-102 (CA). All pavement makers shall also conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications. Measurement. Placing pavement markers will be measured as each. Payment. The contract price paid per each for pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 16-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 29 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA 1 PROPOSAL 1 FOR 2002 STIP Local Street Rehabilitation Specification No. 07-04 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she wi ll contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefore the following sums: l 2002 ST1P Local Street Rehabilitation Spec. No. 07-04 30 BIDDING SCHEDULE ITEM NO. QUANTI DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT FROM ITEM 1 1 Traffic control from the lump sum price of $ $ 2 87 Edge grindi for a price per cubic yard of $ $ 3 1 131 Asphalt concrete for a price er ton of , 4 2,963 Pavement Reinforcing Fabric for a price per square yard of J 5 7 Raising manholes to grade for a price per manhole of $ $ 6 16 Raising valve boxes to grade for a price per valve box of 2002 ST1P Local Street Rehabilitation Spec. No. 07-04 31 i i BIDDING SCHEDULE ITEM NO. I QUANTITY 1 1 DESCRIPTION AND UNIT PRICE BID Traffic control from the lump sum price 6 Z- s' EXTENDED AMOUNT FROM ITEM w~!~ o Edge grinding fora price per cubic yard 2 of f~Ltc 87 ale Asphalt concrete for price per to of 3 1 131 ;ZC~~ f , Pavement Reinforcing Fabric for a price 4 2,963 per squareard of ~'~iG~'2K/ G~-rt Raising manholes to grade fora price per manhole of 5 7 v ~a ®Wfl 1 ~2YCJ C-P- 5 I 00 $ q'=° $ 3,7 9~ Raising valve boxes to. grade for a price per valve box of 6 16 -Fw e -TW fl 2002 STIP Local Street Rehabilitation Spec. No. 07-04 31 Broken yellow 4" painted traffic stripes for a price per linear foot of 7 1,273 2 a ar 0 $ ' ® $ 0 5 Solid white 4" painted traffic stripes for a price per linear foot of 8 102 ` d U o ar' t i Ce vc~5 oG $ I a $ ~~JJ' Solid yellow 4" painted traffic stripes for a price per linear foot of 9 82 7w o 'p o. ar k i r~ 06 $ a ($--2-0 Solid white 8" painted traffic stripes for a price per linear foot of 10 75 ~~re o ~a~ ~ 22Yo Double yellow painted traffic stripes for a price per linear foot of 11 141 r QYb $ (7Q $ pa•~~ White painted crosswalks for a price per linear foot of 12 179 dur J ore ~ ~2re $ $ 2002 ST[P Local Street Rehabilitation Spec. No. 07-04 ' .1 32 'i White painted wide stop line for a price per linear foot of 13 22 Pouf f~)0110L-r f- Yd cis $ er, $ 0 STOP pavement markings for a price per marking of 14 4 v ,r d Y IL Z-2.°f o Ce 45 Reflective blue pavement marker (fire hydrant) for a price per marker of 15 5 W,0, ,12 air P 0 C Ak5 TOTAL BID AMOUNT IN WORDS 0-4 115"6, C2F'/, 7! ~ In case of discrepancy between words and figures, the words shall prevail. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 33 . We, the undersigned, further agree. if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of~`~"""v , ?0 Licensed in a ordance with an act providing for the registration of Contractor's License No. expiration date Pp THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. 'r N HERE Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. 95.Z~ 2002 STIP Local Street Rehabilitation Spec. No. 07-04 34 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. 2002 STIP Local Street Rehabilitation Specification No. 07-04 (Signature of er) / del' Busine Mailing Address: / Business Location: l zek W (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 2002 STIP Local Street Rehabilitation Spec. No. 07-04 35 WORKER'S COMPENSATION CERTIFICATE 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 undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before co encing the performance of the work of this contract. Witness my hand this,; ~ day of , 20 d Signature of Bid r, with B siness Address: s 2002 STIP Local Street Rehabilitation 1 Spec. No. 07-04 36 i i i i i i CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Commiltee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 2002 STIP Local Street Rehabilitation Spec. No. 07-04 37 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be donee by each subcontractor. 2002 ST1P Local Street Rehabilitation Spec. No. 07-04 38 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisi ns of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) th natne and location of the place of business of each subcontractor who will perform work or labor or render service to e Contractor in or about the construction site in an amount in excess of one-half of I percent of the total bid and (b) the Qrtion of the work to be done by each subcontractor. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 38 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 l 39 } North Bay Constructlon,,Inc. COMPLETED JOBS 2006 Type of work Contract amount Location Client Grading/paving/underground $2,0009,580.00 Petaluma Terry Collins Grading/paving/underground $16,203,594.00 Novato Shea Homes Grading/paving/underground $716,712.00 Santa Rosa Tremblay Construction Grading/paving/underground $573,340.00 Napa Flintco Grading/paving/underground $2,895,212.00 Santa Rosa Lathrop Construction Underground/paving $1,511,906.00 Travis AFB Skanska USA - Grading/paving/underground $2,498,821.00 Fairfield The Olson Company Underground/paving $1,438,974.00 Fairfield James N. Gray Grading/paving/underground $2,146,653.00 RohnertPark A.G. Spans Grading/paving/underground $12,423,695.00 Petaluma Basin Street Properties J Grading/paving/underground $2,930,329.00 Petaluma SCG Builders Grading/paving/underground $1,604,516.00 Santa Rosa Basin Street Properties Grading/paving. $3,700,368.00 Santa Rosa Santa Rosa School Dist. Grading/paving/underground $492,985.00 Novato Paul Financial, LLC Paving $4,072,592.00 Petaluma City of Petaluma Grading/paving/underground $2,876,498.00 Petaluma City of Petaluma Grading/paving $653,083.00 Cloverdale Christopherson Homes Grading/paving $847,195.00 Cotati RMC Constructors Grading/paving/underground $974,978.00 Sonoma Pinnacle Homes Grading/paving/underground $1,121,349.00 El Cerrito Legacy Partners Grading/paving/underground $944,940.00 Novato Centex Homes Underground/paving $345,045.00 Rohnert Park MST Constructors Grading/paving/underground $1,335,658.00 Vallejo Alliance Builders Grading/paving/underground $950,438.00 Petaluma McPhail's Grading/paving/underground $921,284.00 Santa Rosa Basin Street Properties Grading/landscaping $601,462.00 Petaluma City of Petaluma Grading/paving/underground $434,948.00 Concord Silverwing Dev. Grading/paving $1,639,249.00 Corte Madera Pankow l Underground/paving $2,358,719.00 Petaluma City of Petaluma Grading/underground $975,785.00 Am. Canyon Napa Vallejo Waste Mgmt Grading/paving/underground $724,402.00 Petaluma Pinnacle Homes J Grading/underground $915,373.00 Glen Ellen VOM Water District Grading/paving $421,344.00 Novato County of Marin Grading/paving $499,599.00 Santa Rosa County of Sonoma Grading/paving/underground $2,683,571.00 Cotati RMC Constructors Grading/paving/underground $936,531.00 Santa Rosa County of Sonoma Paving Grading $849,898.00 $927,578.00 Novato Novato County of Marin County of Marin Underground/paving $784,184.00 Yountville Town of Yountville Paving $1,590,438.00 Santa Rosa City of Santa Rosa } Grading/paving/underground $1,102,486.00 Richmond Vila Construction `J 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 License No. 367660 FAX: (707) 766-6417 Forth Bay Construction Jnc. Tvpe of work COMPLETED JOBS 2006 Contract amount Location Client Grading/paving/underground Grading/paving Paving Paving Grading/paving Grading/paving/underground Grading/paving/underground Grading/paving $1,384,133.00 Cotati $1,213,305.00 Novato $483,757.00 Martinez $404,803.00 Petaluma $471,579.00 Schellville $385,787.00 Sonoma $889,476.00 Petaluma $667,282.00 Cotati RMC Constructors Marin Humane Society City of Martinez City of Petaluma Caltrans Sebastiani Winery SCG Builders RMC Constructors 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 - License No. 357560 FAX: (707) 765-6417 korth Bay Constfuctlon]nc. COMPLETED JOBS 2005 1 Type of work Contract amount Location Client Grading/paving/underground $ 2,201,892.00 Healdsburg Lee Morton Construction Grading/paving/underground $ 3,161,536.00 Novato Shea Homes Paving $ 368,098.00 Various Caltrans Paving $ 424,891.00 Novato Shea Homes Grading/paving . $ 585,019.00 Napa City of Napa Public Works Grading/paving/underground $ 9,742,286.00 Novato Shea Homes Grading/paving $ 461,837.00 Petaluma Lace House Linen } Grading/paving/underground $ 716,712.00 Santa Rosa Tremblay Construction Grading/paving $ 1,373,070.00 Napa C.C. Myers Grading/paving/underground $ 1,707,755.00 Santa Rosa City of Santa Rosa Grading/paving/underground $ 487,791.00 Petaluma G & C Autobody Grading/paving/underground $ 1,158,002.00 Fairfield Silverwing Development Grading/paving/underground $ 478, 721.00 Santa Rosa Tremblay Construction Grading/paving/underground $ 1,497,865.00 Rohnert Park Morgan Construction Grading/underground $10,254,165.00 Pittsburg City of Pittsburg Grading/paving/underground $ 2,191,624.00 Suisun Miller Sorg Grading/paving/underground $11,642,539.00 Geyserville Swinerton Builders Grading/paving/underground $ 2,692,449.00 Santa Rosa Tremblay Construction Underground/paving $ 543,577.00 Novato Sausal Corporation Paving $ 1,535,021.00 Petaluma City of Petaluma Underground/paving $ 2,979,070.00 Sonoma So. Co. Valley Santitation Grading/paving $ 1,191,866.00 Napa County of Napa Grading/paving $ 1,977,220.00 Fairreld A.G. Spanos Grading/paving/underground $ 2,808,174.00 San Rafael RMT/Devcon Construction Grading/paving/underground $ 600,860.00 Santa Rosa Dave Bailey Construction Grading/paving/underground $ 588,959.00 Brentwood Sunseri Construction Underground/paving $ 1,957,145.00 Petaluma City of Petaluma Grading/paving/underground $ 3,164, 764.00 Petaluma Mercer Construction Co. Grading/paving/underground $ 1,425,762.00 Vallejo Lennar of California 1 Underground/paving $ 2,725,089.00 Vacaville Davis Street Partners Grading/paving/underground $ 1,604,516.00 Santa Rosa Fountaingrove Ctr. LLC Grading/paving/underground $ 645,458.00 Cotati Cypress Meadows LLP Grading/paving $ 627,032.00 Novato Novato School District Grading/paving $ 1,489,325.00 Windsor So. County Water Agency Grading/paving $ 1,715,562.00 Petaluma So. Co. Public Works Underground/paving $ 498,093.00 Rohnert Park City of Rohnert Park Grading/paving $ 669,506.00 Novato City of Novato i Grading/paving/underground $ 1,126,554.00 Fairfield A.G. Spanos Grading/paving/underground $ 844,787.00 Cotati RMC Constructors Grading/paving $ 556,245.00 Vallejo Vallejo School District 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 - License No. 357560 ~l FAX: (707) 765-6417 forth Bay CoflstructionJinc. COMPLETED TOBS 2005 (coatinned Ty»e of work Contract amount Location Client 1 Grading $ 529,756.00 Novato Redwood Landfill Inc. Grading/paving/underground $ 1,152,514.00 Petaluma City of Petaluma j Grading/paving/underground $ 605,970.00 Healdsburg Fanny Hill Estates LLC Underground/paving $ 536,485.00 Vallejo City of Vallejo Underground/paving $ 640,245.00 Novato N. Marin Water District j l 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 - License No. 357560 FAX: (707) 765-6417 1 korth Bay Construction,.Inc. 1 COMPLETED J OBS 2004 r Type of work Contract amount Location Client Grading/paving $314699985.00 Novato City of Novato Grading/paving/underground $2,539,867.00 Santa Rosa Kawana Springs, Inc. 1 Grading/paving/underground $2,539,867.00 Novato Vila Construction Grading/paving/underground $2,546,086.00 San Rafael Redhorse Construction Grading/paving $ 489,556.00 Novato Carducci & Associates Grading/paving/underground $5,009,884.00 Pleasant Hill . Greystone Homes Grading/paving/underground $4,767,096.00 Santa Rosa Wermers Construction Grading/paving/underground $2,371,004.00 Am. Canyon Shea Homes Paving $ 368,097.00 Sonoma Co. Caltrans Grading/paving $1,091,619.00 Richmond . Dejong Management 1 Grading/paving/underground $2,551,429.00 Petaluma TCR-NC Construction Grading/paving/underground $ 927,108.00 Fairfax Homestead Builders Grading/paving/underground $2,198,071.00 Vallejo Terrace Park, LLC J Grading/paving $ 731,325.00 Santa Rosa So. Co. Public Works Grading/paving/underground $4,857,838.00 Santa Rosa Argus Const. Services Grading/paving $ 593,664.00 Napa City of Napa Grading/paving/underground $1,840,374.00 Napa A.G. Spanos Company Grading/paving/underground 589,961.00 Hayward Silverwing Development Grading/paving/underground $2,881,330.00 Vallejo Manderich Development Underground $2,581,158.00 Rio Nido So. Co. Water Agency Grading/paving/underground $7,265,758.00 Geyserville Swinerton Builders Grading/paving/underground $ 597,945.00 Napa AMEC Const. Mgmt. Grading $ 705,691.00 Novato Shea Homes Grading/paving/underground $1,392,096.00 Davis McCarthy Construction J Grading/paving/underground $ 813, 733.00 Petaluma DPR Construction Grading/paving $ 795,882.00 Fairfield City of Fairfield Grading/paving/underground $ 303,988.00 Healdsburg Frank Unciano i Underground $ 481,821.00 Rio Nido County of Sonoma Grading/paving/underground $ 1,765192.00 Santa Rosa Jeff Luchetti Const. ` Grading/paving/underground $ 350,969.00 Novato S & C Berkov Grading/paving/underground $1,707,755.00 Santa Rosa City of Santa Rosa Grading/paving $19763.140.00 Glen Ellen Caltrans Grading/paving $ 819,037.00 Vacaville Barcewski Dev. 1 J Underground $ 559,085.00 San Rafael San Rafael Sanitation Grading/paving $ 243,044.00 Vallejo Vallejo School District Grading/paving/underground $ 884,649.00 Petaluma Basin St. Properties Grading/paving/underground $ 667,595.00 Napa Thompson Pacific Const. Grading/paving/underground $ 341,019.00 Novato Novato Sanitary Dist. Grading/paving/nderground $ 296,980.00 Healdsburg The Chico Formation Paving $ 2409007.00 Cloverdale City of Cloverdale ~l 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 - License No. 357560 FAX: (707) 765-6417 korth Bay Constfuctionbc. COMPLETED JOBS 2004 (continued ) Type of work Contract amount Location Client Grading/paving $ 607,665.00 Antioch City of Antioch Grading $1,049,024.00 Novato City of Novato Grading/paving $ 457,118.00 Larkspur City of Larkspur Grading/paving/underground $ 317,994.00 Petaluma Pinnacle Homes Grading/paving/underground $ 735,157.00 Vallejo R & O Const. Paving $ 381,632.00 Windsor Town of Windsor Grading/paving/underground $1,671,162.00 Santa Rosa Wright Contracting Grading/paving $ 830,892.00 Benicia Benicia School Dist. Grading/paving/underground $ 740,310.00 Petaluma Catholic Dioceses Grading/paving 889,881.00 Vallejo Vallejo School District Grading/paving/underground $ 360,377.00 Novato Summerhill Const. Grading/paving/underground $ 995,813.00 Petaluma McDevitt & McDevitt Grading $ 590,366.00 Novato Redwood Landfill Inc. Grading/paving/underground $ 323,579.00 Petaluma McDevitt & McDevitt Grading/paving/underground $ 556,213.00 Fairfield Silverwing Dev. 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 - License No. 357560 FAX: (707) 765-6417 forth Bay Construction,.Inc. COMPLETED JOBS 2003 i i Type of work Contract amount Location Client Grading/underground/paving $2,567,866.00 Novato Devcon Construction Grading/underground/paving $5,294,019.00 Mill Valley CMD Grading/underground/paving $1,865,202.00 Vallejo Mandarich Dev. Grading/underground $8,936,720.00 Pittsburg Calpine Grading/underground/paving $2,195,538.00 Santa Rosa . Kawana Springs, Inc. Grading/underground/paving $3,005,557.00 Sonoma Taylor-Woodrow Grading/paving $335,354.00 Pleasant Hill Greystone Homes Grading/underground/paving $3,672,623.00 Santa Rosa Nakano-Fountaingrove Grading/paving $489,556.00 Novato Carducci & Associates Grading/underground/paving $5,009,884.00 Pleasant Hill Greystone Homes Grading/underground/paving $1,404,275.00 Rohnert Park A.G. Spans Grading/paving $794,684.00 Novato Valentine Corp. Grading/underground/paving $159,557.00 Santa Rosa Dales' Property Svc. Grading/paving $3,818,229.00 Petaluma City of Petaluma Grading/underground/paving $1,528,425.00 Vallejo Mandarich Dev. Grading/underground/paving $1,265,434.00 Suisun City Harbor Park, LLC Grading/underground/paving $895,707.00 Mill Valley Pacific Union Homes Grading/paving $312,592.00 San Rafael Caltrans Grading/underground/paving $1,716,174.00 Vallejo ManderichDev. Grading $3,436,239.00 Sonoma So. Co. Water Agency Grading/underground/paving $403,895.00 Cotati Tremblay Const. Grading/underground/paving $1,187,085.00 Vacaville SilverwingDev. Paving $363,352.00 St. Helena City of St. Helena Grading/underground/paving $204,663.00 Sonoma Anderson-Patri-Rouse Grading/underground $113,918.00 Petaluma Basin St. Properties Grading/paving $914,661.00 Concord Calif. Parks/Rec. Dept. Grading/underground/paving $740,903.00 Santa Rosa So. Co. Public Works Paving $2,926,745.00 Tomales Caltrans Grading/paving $758,047.00 Santa Rosa W. Co. Trans. District Grading/underground/paving $4,857,838.00 Santa Rosa Nakano-Fountaingrove Grading/underground/paving $435,166.00 Novato Devcon Construction Grading $343,166.00 Sonoma Caltrans Grading/paving $4909879.00 Moraga Primecore Grading/paving $4279620.00 San Rafael County of Marin Underground $19250,876.00 Petaluma City of Petaluma Grading/paving $774,132.00 Napa Vila Construction Grading/paving $641,769.00 Suisun City City of Suisun City Grading/underground/paving $344,224.00 Castro Valley Silverwing Dev. Grading/underground/paving $719,300.00 Napa Napa Flood Control Dist. Grading/underground/paving $2,881,330.00 Vallejo ManderichDev. Grading/paving $585,019.00 Napa City of Napa 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 - License No. 357560 FAX: (707) 765-6417 N~orth Bay Consifflalon,.Inc. Type of work Underground Paving Grading/underground/paving Grading/paving Paving Grading Grading/underground/paving Paving Grading/underground/paving Grading/paving Grading/paving Grading/underground/paving Grading/paving Grading/underground/paving Underground Grading/underground/paving Grading/paving Paving Underground Grading/paving Grading Grading Grading/paving Paving Grading/paving COMPLETED JOBS 2003 (continued) Contract amount $2,581,158.00 $203,688.00 $654,071.00 $597,723.00 $19432,250.00 $2,436,709.00 $583,240.00 $392,461.00 $137,969.00 $604,216.00 $795,865.00 $507,216.00 $256,302.00 $557,217.00 $426,155.00 $278,476.00 $270,652.00 $132,740.00 $559,085.00 $243,044.00 $157,718.00 $1179648.00 $457,118.00 $381,633.00 $207,226.00 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Location Guerneville Yountville Pittsburg Vallejo Sonoma Co. Mare Island Santa Rosa Vallejo Petaluma Larkspur Fairfield Healdsburg Petaluma Santa Rosa Santa Rosa Petaluma Napa Petaluma San Rafael Vallejo Santa Rosa Rohnert Park Larkspur Windsor Vacaville Client ' Sweetwater Springs Mr. Dist. j Town of Yountville JI City of Pittsburg AMEC } So. Co. Public Works J Lennar-Mare Island LLC So. Co. Public Works 1 City of Vallejo Lace House Linen City of Larkspur J City of Fairfield McDevitt & McDevitt Tremblay Construction Tremblay Construction City of Santa Rosa McDevitt & McDevitt ) Facility Dev. Corp. Syers Properties L.P. San Rafael San. Dist. Vallejo School Dist. R.C. Pack Const. Caltrans City of Larkspur Town of Windsor Barcewski Dev. Telephone: (707) 763-2891 - License No. 357560 FAX: (707) 765-6417 1 i SIGNATURE(S) OF BIDDER Accompanying this proposal is ~ , (insert the words "cash "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or nth- ~nrcrncrcfl r.or- - or, ;-4-;A-1 --A_ A— 9-« -4 1 C..11 Signature(s) of Bidder: NOTE: If bidder is a corpora /-on, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co- partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. _ Business address: Place of residence: (J~•~ Dated 2002 STIP Local Street Rehabilitation i ~I2-alo Spec. No. 07-04 40 Licensed in accordance with an act providing for the registration of Contrac rs: License No. _,'2,:2 , License Expirat} I Date 1 CITY OF UKIAH J Mendocino County, California BIDDER'S BOND KNOW ALL 1VIl;N 13Y THESE PRESENTS, that we, ON RTHAY CONSTRUCTION INC. , as PRINCIPAL and Travelers Casualty and Surety Company of America, as SURETY, are held and firmly bound unto the city of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the principal above named, submitted by said Principal to the City of Ukiah, as the case tray be, for the work described below, for the payment of which sum in lawful money ofthe United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of 1Qy of C e Amount of Bid THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on November 29, 2007 for 2002 STIP Local Street Rehabilitation, Specification No. 07-04. NOW, TIMREFORE, Ifthe aforesaid Principal is awarded the contract and, within the time and manner required under 1 , the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in l the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall 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 29 th day of November , A.D. 20 07 l rya, rVu- AAnNSTRUCTION , INC. (Seal) St ve Gene' President (Seal) Principal Trav lers Casualty and Surety C m xi "4of Ame ' ca (Seal) Seal) Paul amatici, Attorney-in-Fact (Seal) Surety Address: P.O. Box 551 Peta ma CA 49 f 2002 STIP Local Strect Rehabilitation Spec. No. 07-04 41 CAI _IFORNIA ALL-PURPOSE ACKNOWLEDGEMENT IState of CALIFORNIA County of SONOMA On 11/29/07 before me, MARY DAVERIN, NOTARY PUBLIC DATE NAME, TITLE OR OFFICERE.G. "JANE DOE, NOTARY PUBLIC personally appeared Paul Ramatici NAMES OF SIGNER(S) ® personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf - DAVERIN wbich the person(s) acted, executed the instrument. ,~,-MARY Commission # 1590815 WITNESS my hand and official seal. Notary Public - Cavornia D Sonoma County 9 My Comm. Expires Jul 19, 2009 SIGNATURE V NOTARY OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217301 Certificate No. 0 0 0 9 5 2 7 1 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint M. R. Stewart, Paul Ramatici, and Thomas Griffith of the City of Petaluma , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 19th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2006 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G~SUq Sl1REJy yF1RE4 \p11 INSp :p1•I, NS~q•.. : , gJPEtV AgrOS 0(-7-~ N 0 Z .O= 1951 NC ,SEALio SERL4 '~hEt~J - ~j ~ 9J~y, 5~1.,r o0 La''•.......~'Qp. ' ~r . ti~ ! OF hum qHC 13..~✓ lg....~..•'r t fN State of Connecticut City of Hartford ss. By: '4~ G orge W r pson, Sen' r Vic President On this the 19th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and. United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~.TEr In Witness Whereof, I hereunto set my hand and official seal. ' TAiI W My Commission expires the 30th day of June, 2011. * Aue~~o3` N- Ma Marie C. Tetreault, Notary Public o ~1v t;t'~ 58440-6-06 Printed in U.S.A. NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing 2002 STIP Local Street Rehabilitation, Specification No. 07-04 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. i Business Address: Place of Residence: NOTARIZATION sworn to 7 ry Public in and for the Commission Expires _ 2002 ST1P Local Street Rehabilitation me this'/ day of ~20 D~. r- ol~ State of California. 20 CYNTHIA D. ORME COMM. #1534044 3 NOTARY PUBLIC -CALIFORNIA i+ SONOMA COUNTY My Comm, Expires Dec. 12, 2008 Spec. No. 07-04 42 CITY OF UKIAH Mendocino County, California AGREEMENT FOR 2002 STIP LOCAL STREET REHABILITATION SPECIFICATION NO. 07-04 THIS AGREEMENT, made this Z ~O-I h day of DG Gerh be^ , 20_07, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and D C l Vl 24V Ga 5 L r I i y K. Zyiz- 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 L 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 i such instructions as may be given by the Engineer. The Contractor shall complete the work within sixty (60) calendar days notwithstanding allowable "unavoidable delays" as defined in the special conditions. 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 i without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment J permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer I 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 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 2002 STIP Local Street Rehabilitation Spec. No. 07-04 1 43 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 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. 2002 ST[P Local Street Rehabilitation Spec. No. 07-04 44 l M Nothing contained in this Fair Employment Practices section shall be construed in any manner of J fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. 1 (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has 1 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. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. 2002 STIP Local Street Rehabilitation Spec. No. 07-04 45 1 Article IV. Parts of the Contract. J That the complete contract consists of the following documents, all of which shall be considered a part ofthis agreement. 1 1. Notice to Bidders I 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 l signed by authority of their duly authorized office this ?-&"%ay of P~em~r , 20 D-7 The foregoing contract is approved as to form and legality this day of 'be-r- 'e 20 -4-7. CIT Y, C TY OF U A 2002 STIP Local Street Rehabilitation Spec. No. 07-04 46 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA INDEMNIFICATION AGREEMENT 1 This Indemnification Agreement is made and entered in Ukiah, California, on J294MLLVr 20C7, by and between the City of Ukiah ("Ukiah") andN Ori-h Rau 6yn6,fi^btGl i'On, XmC . Contractor is Golttifruafrna IdZ12rk ddI;crr6gj 1'11 Z.D02ST-jP LvGal ~✓fr Rel~abi ~t~afr~yl , S~Giut,-,gn 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. ay Construction Inc. BY: TITLE: President 2002 STIP Local Street Rehabilitation Spec. No. 07-04 47 Bond No. 104807507 CITY OF UK1A1•I Premium: $9.30.00 Mendocino County, California FAITHFUL PERFORMANCE 13OND KNOW ALL MEN BY TFaSR PRESENTS, that we the undersigned, NORTH BAY CONSTRUCTION. INC. AS PRINCIPAL, and Travelers Casualty and Surety Company of America AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of One Hundred Eighty Six Thousand Eighty One and 71/100 dollars (S 186 , 081. 71 ) for the payment of which sum we Mild ourselves, our heirs, executors, administrators, and Successors,' jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated December 12 .2007 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of rhh 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 steal t hilly 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 steal I 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 spacial 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 pan 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 1__2tYb_ day of Der-ember ,20 07 In the presence of WITNESS: (Individual Principal) ~1 - (Business Address) (City/State/zip Code) 2002 S'l IP Lucal Clrcai Rehabilitation spec. No. 07-04 as TRUCTION, INC. (SEAL) teve Geney, President P.O. Box 6004 (Business Address) Petaluma, CA 94955 (City/State/Zip Code) ATTEST: Affix (Corporate Principal) Corporate Seal (Business Address) (City/State/Zip Code) Travelers Casualty and Surety Company of America I Paul Ramatici, Attornev-in-Fact Affix (Corporate Surety) Corporate Seal 100 California St.. Ste. 300 (Business Address) Sin Francisco, A 411 (City/State/Zip Code) The rate ofpromitun on this bond is $ Negotiable per thousand. The total amount of premium charges is $ 930.00 (The above is w be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) l 1, Steve Geney certify that I am the President/ Secretary of die JI corporation named as Principal is the foregoing bond; that Steve Ge ney who signed the said bond on behalf ofthePrincipal. wasthen _ President/ Secretary of said corporation; that Iknow his signature, and that his signature thereto is genuine; and that said bond as duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. , i1 Affix Corporate Seat i 2002 STIP Local Street Rchabilitation Spec, No 07-04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of SONOMA On 12/12/07 before me, MARY DAVERIN NOTARY PUBLIC DATE NAME, TITLE OR OFFICERE.G. "JANE DOE, NOTARY PUBLIC' personally appeared Paul Ramatici NAMES OF SIGNER(S) ® personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their si nature(s) on the instrument the person(s), or the entity upon behalf * 4 ich the MARY DAVERIN person(s) acted executed the instrument. b, Commission # 1590815 Notary Public - California ; WITNE~ ? hand and o 'cial seal. r. • Sonoma County E/[,. My Comm. Expires Jul 19, 2009) een SIGNATURE OF O'fARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Travelers Casualty and Surety Company of America SIGNER(S) OTHER THAN NAMED ABOVE WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Co4any Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company r1~ fI 111 Attorney-In Fact No. 217301 Certificate No. 0 0 0 9 5 2 7 4 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that 1- the Companies do hereby make, constitute and appoint M. R. Stewart, Paul Ramatici, and Thomas Griffith tl I l~ ~ 1< of the City of Petaluma State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seats to be hereto affixed, this 19th day of June 2006 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company rC^ `rL ♦ StMiEIj• ~F10.E6~~ O~~W..~MSG9 N..... . atY A/~O8 IrA{ Y/W ♦rb. ~ ~ * a~ ~P r1tOP V~aq~•~i ' i 1982 0 1977 r+ oattrO 1927 m f em tI~.:~oavoaarf`;~HARTFORD. . y~; 4p L9 4~ '-G HARTFORD. *1 n N 1886 'qc p 1951 NO J~1 S E A Lri~p"; 4 a CONN. y ~N d ~ ~ ym~ ¢ o o•. L~1~ ~vl..r j. a ~i sr dl`- OF tJE`n "M RANG fSNwNW'~ ~sa....~ Nt FN+ • ~~AIN State of Connecticut By: City of Hartford ss. Gorge W ompson, Sen' r Vic President 19th June 2006 On this the day of before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that ne as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly a,thorized officer. ~.TET In Witness Whereof, I hereunto set my hand and official seal. TAO ~ l: . My Commission expires the 30th day of June, 2011. co p~~,p * Marie C. Teueault, Notary Public 58440-6-06 Printed in U.S.A. WARNING: THIS POI' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marie Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf r- of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when a signed by the.President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice i President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is j FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents, Resident 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of December 2007. ff ~ Kori M. Johan Assistant Secretary pA6Uq~j SUREIy ~FtAE6 *N••~NSG ixNs ~0 v gryo Y 2' Oq~ ~ J 4 O.. • q J 0J a H10W4hip 4 ~ 1977 g ►+~trortetm 1927 n ~ ~ ~ ( ~ z 1 ~0 w'~" ~ ~ wwrwnn. 3 wt,mnro, '00~ b` N+ bF 1951 m~ # %s `o• ~~,SEAL~o" o. -,SEAL r~3° y CON es Q ~ 1A88 ~ Of NEW ~nm MN~ !S . ANr 1r....~ rA bt • ~ A!N To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. tE l _f WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CITY OF UKLA.H , Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, NORTH BAY CONSTRUCTION, INC. AS PRINCIPAL, and Travelers Casualty and Surety Company of America AS SURETY, are held firmly bound unto THE CITY OF UKIAR, hereinafter called the "City", in the penal sum of One Hundred Eighty Six Thousand Eighty One and 71/100 dollars($ 186,081.71 ) 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 December 12 2007 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 thereofthat 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, nor any forbearance on the pan of the City shall in anyway release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. fN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed thoir seals hereto, this 12th dayof December 20 07 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) 2002 STIP Local 5trccl ttehabil4nliun Spec No. 07 04 50 " NORTH BAY C RUCTION, INC. i W1 SS. (SEAL) J Cynthia D. e ( ci I) e e Geney, President P.O. Box 6004 j (Business Address) Petaluma, CA 94955 (City/State/Zip Code) ATTEST: - - - Affix J (Corporate Principal) Corporate Seal ` (Business Address) (City/State/Zip Code) Travelers Casualty and Surety 7 J C }~a c a AT ST e Paul a ici ttor e -in- act Affix 1 Sandra J. Du away (Co orate Surety) Corporate Seal 100 California St., Ste. 300 (Business Address) San Francisco, CA 94111 ` (City/State/Zip Code) The rate of premium on this bond is $ Negotiable per thousand. The total amount of premium charges is $ Included 1 (The above is to be filled in by Surety Company). (Power of /attorney of person signing for Surety Company must be J attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, Steve Genet' certify that Iam Vie President/ Secretary of the corporation named as Principal in the foregoing bond; that Steve Genet' ._,who signed l thosaid bond onbehalf ofthePrincipal, wasthen Presiden Se retar of said corporation; J that I know his signature, and that his signature thereto is genuine' Via id bond was duly signed, sealed, and attested to for and in behalf of said corporation by authori its M. o - Affix Corporate Seal 2002TI'IP Local Sfrect Rohabilitution Spec. No. 07-04 51 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT r, State of CALIFORNIA County of SONOMA On 12/12/07 before me, MARY DAVERIN NOTARY PUBLIC DATE NAME, TITLE OR OFFICERE.G. "JANE DOE, NOTARY PUBLIC" personally appeared Paul Ramatici NAMES OF SIGNER(S) ® personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf Ich the person(s) acted, executed the instrument. MARY DAVERIN I T ay Commission # 1590815 z Notary Public - California WITNESS my hand and official seal. Sonoma County Comm. Expires Jul 19, 2009 SIGNA f E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remo val and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America r-l ::;5:~~""^'••"°~"""^1RNY4Y6wYwL'3PY:sWL'FiS.'••" •^'Y•K~"""tei'~.LYEN::~uSYdti~'aO~b:il'u..¢'d[OW.kYdAWitlFCR92W~tt:N~lItOSYwCfR.S:a'.tSL 494fe'a.fd::at'tliMJe.rvus'.'~.mY.~.anEe+:avian,wrv.•,,.x•.,.:-nrna,cartxxsuwevvrYea. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ' STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Comf any Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217301 Certificate No. 0 0 0 9 5 2 7 4 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint M. R. Stewart, Paul Ramatici, and Thomas Griffith r ? of the City of Petaluma State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf, of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 19th r day of June 2006 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company f OhSU^ $Uttrly yF\0.E 6ai `TN..IM$G ...+:a N•„~ J„tTY ANp9 lp ~Yw Y,~ L O r ~ ~f fF a' ~ sp'• •.9 JP :9,y e G 4 ~ y~ . S b~ f1 g •"^~.M41tED N T ~Iv`OPPORA)~:: C) r.GOPPORATf,ot~~ y 9a 1= HMTFO 1982 0 1927 roi ice' f' m RLja . + - t 2 n ~i `o n \\\COtYt. @ a CCNN 1877 ~ 1951 NO o. , SEALfo ~a,SE 'm 4•~ Na ~jF, # ,,tim c o•'••........: aA* ra s1 ~N . AIN~ r , r 1• OFNEW a'""`~~nnE 1S.:~N.v'r °°>wr•.........:as a sae State of Connecticut City of Hartford ss. By: orge W ?'mpsoL-)'n, Sen' r Vi. President On this the 19th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0.1 In Witness Whereof, I hereunto set my hand and official seal. O*P My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-6-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents, Resident 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of December 20 Q7 Kori M. Johans Assistant Secretary w. cA6Uq~ SIMiEIy FIRE 6. AM•~Mf n 1 r. .,.1Y AV e a y \ G ~ uq o Y i- 6' n ♦ ORPORgj Q4;. n 6p O 4' ~ 1982 0 ~~OItITEp a Wraoa►oagrf;~, p a 381LL; HAC cONNNr+RD< INATNOH0. ctF' ° ~bF 1951 Na~ •k ~ ti o. ~~,M1SEALI~ ~~+,'r . s ooxrt a 8B6 day, tiN, s cs4 ec y..........:at~ s.••.. ~p OFHEVI ~m"~ ISMAN'~ rr........•~~ ~1 • ~ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. RED CITY OF UKIAH , Mendocino Cowtty, California DEFECTIVE MATERIAL AND WORKMANSfHP (MAINTFNANCQ BOND KNOW ALL IYIEN BY THESE PRESENTS, chat we, NORTH BAY CONSTRUCTION, INC. as PRWCIPAL and Travelers Casualty and Surety Company of America as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in die penal sun of Nine Thousand Three Hundred Four and 09/100 i , (s9,304.09 (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, ad: 4D assigns jointly and severally, firmly by these presents. cl& t -v &%i neA LAep WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated December 12 (:ov~+trae~~-f ~v~eo For - 2002 STIP' Local SreetRelaabilitation Sn.er;f;oat;on No 07-04 COm-1Fie- -e WFI);REAS, said Contract has been completed, and was approved on the day of , NOW, T)FIEREFORE, THE CONDITION OF TRB OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall. be void, otherwise to remain in full forco and effect, provided however, any additional. warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated ties 12th day of December, 20 07 NORTH BAY CONSTRUCTION, INC. (Seal) BY: -(Seal) _ Steve Geney, President (Seal) Principal Travelers Casualty and Surety Co eri _(Seal) BY: (Seal) icn Pau Ramatici, Attorney-in-Fact _,-..A--»., Surety 2(N12 STIP [ ocal Strcct Rehabilitation %pcc. No. 01-04 53 GAL11=0RNIA ALL-PURPOSE AGKNOWLEDGEMENI .71 i State of CALIFORNIA County of SONOMA On12/12/07 before me, MARY DAVERIN NOTARY PUBLIC DATE NAME, TITLE OR OFFICERE.G. "JANE DOE, NOTARY PUBLIC" personally appeared Paul Ramatici NAMES OF SIGNER(S) personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf 'Ch the person(s) acted, executed the instrument. MARY DAVERIN Y Commission # 1590815 Z WITNESS m ha d and official seal. i Notary Public - California i y , Sonoma County @my Comm. Expires Jul 19, 2009 SI ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNERS ❑ LIMITED ❑ GENERAL TITLE OR TYPE OF DOCUMENT ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT DESCRIPTION OF ATTACHED DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Travelers Casualty and Surety Company of America F { ((a ff~ ti l ('I l WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217301 Certificate No. 0 ®0 9 5 2 7 4 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint M. R. Stewart, Paul Rarrtatici, and Thomas Griffith of the City of Petaluma , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2006 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 19th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pASU.~~} SUF£ry J, FIRE 6e o\t,!!..iMS~9 Jpt l" Hs`u 9~, gJ,,~tY A%~ ~ syM, ytY,t~ O O~~Ir 927 c 9 f~pN GyNA1E;~4 i'P~'% pPORA °1~ ° `9i J4 "'-`wrI ~'b n MCdtPOR~TED ~ ~ m t W'CO Tf`•; w < NARTFI>Ftp, < tuprcda0. Zy~~ rat S •9 ~i 'o ~ CANN. ° { 110N~1R R 1R 1896 cam'- 1951 m SEAI.;p~ o~.SEILL.r W ~p ms's a ♦ o e > r 3~` `y • ti~ ~ ~~1 a~+'Q '~S~an ~G`G ~yf ........ya•! 0.1,. .~aa ~y +s f . State of Connecticut City of Hartford ss. By: orge W ompson, Sen' r Vic President On this the 19th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. SA 0 My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-6-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marie Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive.Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 r relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of December 20 Q7 . Kori M. Johann Assistant Secretary GI,6U+( stwery FIFE 4 0,!--, e ~p{Yy(•• ~r~ F C NCORRDRtTEn ~9~ 4 1951 CONH, A. ~ R 1tiA8 ! TrAry di'" • AIN ~ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. `-1 I} CSR SD DATE (MNIIDD/YYYV) r ACORD,. CERTIFICATE OF LIABILITY INSURANCE NORBA-2 09/25/07 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: National Union. Fire Ins. of PA INSURER B: 20427 North Bay Construction, Inc., INSURER C: P.O. BOX 6004 INSURER D: Petaluma CA 94955-6004 F l INSURER E: (COVERAGES l t I i I i 1 CERTIFICATE HOLDER i. I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD~ DATE MMIDD/YY LIMITS j GENERAL LIABILITY EACH OCCURRENCE - $ 1 , 000 , 000 i A X X COMMERCIAL GENERAL LIABILITY GL1617159 10/01/07 10/01/08 D PREMISES (Eaoccurence) $100 ,000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5 , 000 X Brd. Fm. PD SIR $25,000 PERSONAL BADV INJURY $1,000,000 X XCU/Contrac Incl. CONTRACTUAL GENERALAGGREGATE $2,000,000 GEN•L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JECT LOC Emp. Ben. 1,000 000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 $ 1 X ANY AUTO BUA4000276691 10/01/07 10/01/08 (Ea accident) , , ALL OWNED AUTOS °x BODILY INJURY $ SCHEDULED AUTOS rr l I - t^~~ (5 `i I L I L r (Per person) X HIRED AUTOS I f ~ ' LLB i.- ( X ~ BODILY INJURY $ X NON-OWNED AUTOS I , _ II i Per accident) SEP 2 7' 2007 ~J 4( PROPERTY DAMAGE $ u (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A X OCCUR F_~ CLAIMSMADE BES685842 10/01/07 10/01/08 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS' LIABILITY ANY PROPRIETOR/PART VE ER/EXECUT L+TC1593498 10/01/07 10/01/08 E.L. EACH ACCIDENT [ $1,000,000 - I N OFFICER/MEMBER EXCLUDED? SIR $50,000 - 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 I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. *Ten day notice would be sent on non payment. JOB: Low Gap Housing, NBC #1564 30*XCG2010(07/04)CG2037(07/04)CG0001(12/04)WC040361 1 Cn N(II-1 1 a I HIM UKIAHCI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLtIIee*YeR-" MAIL 30* DAYS WRITTEN City of Ukiah, Dept. of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works its officers, , employees & volunteers 300 Seminar Avenue y Ukiah, CA 95482 Au (ZED RESE E r w faLtircv ~.Urcrvw+r ryr~ • AGUKU Z5 (ZUUT/US) ACORD CERTIFICATE OF LIABILITY INSURANCE CSR SD DATE(MMIDDIYY NORBA-2 09/25/0, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDf P. O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BE! Petaluma CA 94953 Phone: 707-782-9200 Fax: 707-782-9300 INSURERS AFFORDING COVERAGE INSURED INSURER A: Amer. Casualty Co. Reading PA INSURER & NAIC # 20427 North Bay Construction, Inc., INSURER C: P.O. BOX 6004 INSURER D: Petaluma CA 94955-6004 INSURER E: COVERAGES TNF Pl'11 I(:IFC (lC IAICI ID AAIf~F 1 ICTCrI QCI 11111/ VA\rC QCCAI IC CI IQn T/1 TuC IAlcl locn ~ln~n~n nQ~..r ran r„~ .~.i ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR,v "v 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMfDD/YY DATE MM/DD/Y oN LIMITS GENERAL LIABILITY EACH OCCURRENCE - $ COMMERCIAL GENERAL LIABILITY - ETf~ENTEU PREMISES (Ea occurence) $ CLAIMS MADE 1 1 OCCUR MED EXP (Any one person) $ PERSONAL o" aADVINJURY $ i GENERAL AGGREGATE $ JI GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PROJECT LOC ~ AU TOMOBILE LIABILITY CO BIN A X X ANY AUTO BUA4000276691 10/01/07 10/01/08 M ED SINGLE LIMIT (Ea accident) $ 1 1,000,00t ALL OWNED AUTOS BODI Y I Y L NJUR $ SCHEDULED AUTOS (Per person) 1 HIRED AUTOS J BODILY INJURY $ x NON-OWNED AUTOS (Per accident) r PROPERTY DAMAGE $ r (Per accident) f4 GARAGE LIABILITY AUTO ONLY . EA ACCIDENT $ ANY AUTO ty OTHER THAN EA ACC $ O C T 03 2007 AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ L OCCUR D CLAIMS MADE City of Ukia h AGGREGATE $ _ $ ~ l DEDUCTIBLE $ 1 RETENTION $ $ WORKERS COMPENSATION AND OTH. EMPLOYERS' LIABILITY TORY LIMITS E R i I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ` J if yes dtsalue under E.L. DISEASE • EA EMPLOYEE $ , T - $ OTHER l f )II DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ; RE: Transport heavy equipment to jobsite. 30SPECIAL ` CERTIFICATE HOLDER CANCELLATION UKIAHCI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAi DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTt, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Ukiah IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 300 Seminary Avenue REPRESENTATIVES. ) Ukiah, CA 95482 AU 1ZED RESE E (2001 /08) RD CORPORATIa POLICY NUMBER: GL1617159 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Additional Insured Person(s) Locations(s) Of Covered Operations City of Ukiah, Dept. of Public Works, its officers, employees & volunteers JOB: Low Gap Housing, NBC #1564 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. l A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization (s) shown in the Schedule, but only with respect to liability for "body injury", "property damage" or "personal and advertising injury" caused, in whole or in 1 part' by: 1, Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the locations(s) designated above. B. With respect to the insurance afforded to these additional insured, the following additional exclusions apply: 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 location 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. CG 20 1007 04 ISO Properties, Inc., 2004 POLICY NUMBER: GL1617159 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Ukiah, Dept. of Public Works, its JOB: Low Gap Housing, NBC #1564 officers, employees & volunteers Information required to complete this schedule, if not shown above, will be shown in the Declarations Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ISO Properties, Inc, , 2004 INSURED: North Bay Construction, Inc. b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of [his Coverage Part or that are in excess of the ap- plicable limit of. insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4." Other Insurance If other valid and collectible insurance is available to the insured. for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below. c b. Excess Insurance This insurance is excess over. (1) Any of the other insurance, whether pd- mary, excess, contingent or on any other basis: (a) That is Fire, . Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner, or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And. Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- dorsement. Policy GL1617159 When this insurance is excess, we will have no duty under Coverages A or B to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against alt those other insurers. When this insurance is excess over other in- surance, 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 insur- ance 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. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contrib- utes equal amounts until it has paid its applica- ble limit of insurance or none of the loss re- mains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of in- surance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premium's paid for the policy period is greater than the earned premium, we will return the excess to the first. Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 11 of 15 ❑ POLICY NUMBER: BUA4000276691 COMMERCIAL AUTO 1 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 ECENED OCT 0 5 2007 op City of Ukiah 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: 10/1/07 Countersigned by: Named Insured: North Bay Construction, Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Ukiah, Dept. of Public Works, its officers, employees & volunteers (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. 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 12:01 AM 10/01/07 forms a part of Policy No. WC1593498 Issued to: North Bay Construction, Inc. By: National Union Fire Ins. of PA 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. City of Ukiah, Dept. of Public Works, its officers, employees & volunteers WC 04 03 61 Countersigned by: _ (Ed. 11/90) Authorized Representative Z 0- 24 O O O O o J v V Q w r t0 to to to m > Q W O N V N O O M pOj O M Q C \f W W Z 0ZU O r N Il- O 1I- W W H LU V) (Z Z T- 0 O = U ~OO t 0 N t N to r r Q o W J LO M (D M '4Zr IT 00 M W) a3 a -j W Z LL CO to (0 O 0 I W) L W M to M J co Q W CL O O O O LO LO r t0 r LO r F- W 1 m Q U W P O U L L O F- W 2 U) Q Q = m co LL W = N OO Ix uj D W Z a F- g aZ w U) U 0 a 0 w J Y a ~ (D 0 Q (0 N r O O N 00 r M x .J Q Z L d U Q. a M L N N N U O J 0. N O O N W J u.. N N Z W Y W J O N N W) Q CL Z W H O Y Q F- Ix W = r- o N a WCL W D O Z J W = O N ° N 3vF-i~v 3 o cn Y. J J J o 0 0 0 0 Q W J } N W 0 _ aoo 0 0 a) n V 3 W l1J Y Q W J W = 0 0 0 0 0 J - 3 WW - YZQ~J w = 0 0 0 0 0 mJ 3 ' J? J O C) O O O O F- W W J J O o o O O ` W Q } p o 0o J W Z o 0 0 r in U) 3 3 O ° O N a O ° N oo o ~ J J w } v co = O CD O O O 3 3 O J O (D Il- O LO O f N ^ Y W } r J 0- w ~ m = O- O O O O 3 w w w H N Q Z LU w J Q Of J_ D Q 0 ) O Q ti 111 N r o l 0 1 N OD l 1 x J Q z LL m m i U) m o a U l 0 _J 0 N F- U l J_ w :l i MUTCD 2003 California Supplement Figure 38-102. Examples of Fire Hydrant Location Pavement Markers TWO LANE STREET 11150 mm (6 in) 150 r 1501 FREEWAYS AND EXPRESSWAYS l L L i mm (5 in) 150 mm (6 in) LEGEND Fire Hydrant ■ Blue Retroreflective Raised Pavement Marker NOT TO SCALE MULTI-LANE STREET 150 mm (6 in) Page 3B-17 May 20, 2004 FOUR LANE STREET WITH TURN LANE AT INTERSECTION MULTI-LANE STREET WITH TURN LANE so G11'eary "4 sG L1G SrAMPO D "~iINEAl r" ,cwgl f ry s TXAAwia A*x ivy/a".r.v. x iz" TyP 'I I ~ • `I AIWIJOR 4ACAAe --2 Sri " ZU4"Z7L-)r. JW,6fs G,QP To 4910 -4541qM /jf-rD dy 77yG' Gi'TY of lJ.KiA~! . LONGPI'T~ svorbr~' L2~LtAR (o" D/.4tite7~,C. x .~Xi "CO.~G4ETL GyL~NOE~2 POV,eEn ~t/E.~T. CITY OF UKIAH. I STREET MONUMENT DETAIL . Sc110: NONE Droen By: ap .d ~^1 ►M. 0O»: B/96 RNIwA: ,QQ SEE STANDARD DRAWING NO. 204 1- # 4 BAR, CENTERED AND CONTINUOUS FINISHED SURFACE (OPTIONAL) - NOTES: CLASS "a" N - , • CONCRETE C04LAR, ' MIN. WIDTH B', MIN. THICKNESS B". 1. USE CEMENT MORTAR ON ADJUSTMENT RINGS. \ UNIMPROVED 2. MAXIMUM HEIGHT Of GRADE ADJUSTMENT SECTION RINGS SHALL BE. 12 (see note 5) 3. STEPS NOT REQUIRED OR ACCEPTED. . 10 4. CONE SECTIONS SHALL BE CONCENTRIC. ~ 5. MANHOLES INSTALLED IN YNIMPROVED AREAS, ' SHALL BE A MINIMUM 121 ABOVE GRADE, AS SHOWN. 6. LATERALS ENTERING MANHOLE SHALL BE NO, MORE THAN 24 ABOVE LOW POINT OF INSIDE SHELVE. 48'min. • (see note to) 7, BASE SHALL BE POURED FULL THICKNESS TO UNDIS- . TURBED SIDES OF EXCAVATION OR SHALL BE FORMED. . 1 (see note 8) O` . 8. STANDARD MANHOLE BARREL SECTION PER ASTM C 478. MINIMUM DIAMETER SHALL BE 48". ~ ' HOWEVER A LARGER DIAMETER MAY BE REQUIRED P UNDER S ECIAL CIRCUMSTANCES. ~ - 9. DISTANCE BETWEEN TOP OF SEWER PIPE AND BOTTOM OF BARREL SECTION SHALL BE NO LESS ~ THAN 2. 10. SET ALL BARREL SECTIONS AND TAPER SECTIONS IN ~ A ► • ! A PLASTIC GASKET RAM-NECk OR IN BUTYL RUBBER i " " , KENT SEAL OR APPROVED tOUAL MORTAR ALL min,6 maw 3 - . JOINT VOIDS, INSIDE AND OUTSIDE OF MANHOLE. ► 11. SET SEWER MAINS, LATERALS AND STUB OUTS WITH 2 RUBBER "b" RINGS, OR WATERSTOPS (See SECTION _ _ _ _ , • ► A-A), PER PIPE. 2 M „ 6) TRpwEI SMOOTH (see o SLOPE 2"PER FT. o' 12. INSIDE WALLS OF MANHOLE SHALL RECEIVE ONE(I) ► ROUND , COAT MINIMUM OF THOROSEAL, OR APPROVED EQUAL. ANERS MIN. '0 o. - 4 It 9' MINIMUM CLASS "B" CONCRETE BASE (see note 7) RUBBER "0'-RING PER PIPE (see note 11) SECTION A - A NOTES 1. GATE VALVES SHALL BE OF THE TYPE RESILIENT SEAT WITH MODIFIED WEDGE AND SHALL MEET AWWA 509-87 STANDARD. USE AMERICAN DARLING CRS OR APPROVED EQUAL. 2. VALVE BOXES SHALL BE SET FLUSH WITH FINISH STREET GRADE. BOX COVER SHALL INDICATE If WATER" ON TOP. VALVE BOXES SHALL BE CHRISTY G-5, OR APPROVED EQUAL. 3. VALVE CONNECTIONS SHALL BE PUSH-ON WHEN USING AWWA C900 PVC PIPE. CONNECTIONS SHALL BE MECHANICAL JOINT FOR PIPE OTHER THAN PVC. VALVE BOX b~ I I-- II N o p ~ a I d 0~ ~ o ~ otgp X00 III 111-I ~ 61 to 8" 6" PVC RISER- GATE VALVE -WATER MAIN M_ ASPHALT CONCRETE STREET B ASE Z SECTION O p > F- a O `III wIIII o rb. U I'11T-tll~= z w m w o a N WATER MAIN / 11 q 1 w Q I a °0 2 #3 BARS --CONCRETE PAD vm _ Q ~ a CITY of UKIA_H GATE VALVE AND VALVE BOX J DETAIL NO SCALE r ML Pad a• .1307 ^