HomeMy WebLinkAboutKiewit Pacific 2005-10-28; AgmtSECTION 00520
AGREEMENT
THIS AGREEMENT is by and between City of Ukiah, California (CITY) and
Kiewit Pacific Co. (CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as
follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows: the furnishing of the labor, materials,
and equipment for the construction of improvements, modifications, and additions to the CITY's
wastewater treatment plant. Facilities to be constructed include: New Influent Pumping Station,
Influent Screening Facilities, Preaerated Grit Removal Tank, Primary Clarifiers Flow Distribution
Structure, Conversion of Existing Secondary Clarifiers into Primary Clarifiers, Trickling Filter
Pumping Station, Trickling Filter Modifications, Conversion Of Existing Primary Clarifiers Into
Solids Contact Aeration Tanks, New Secondary Clarifiers, Waste And Secondary Sludge Pumping
Stations, Aeration Blower Building, Dissolved Air Flotation Thickeners, Anaerobic Digester
Modifications, Disinfection System Additions, New Operations Building, asociated piping, pumps,
blowers, fans, site work, structures, electrical instrumentation and all appurtenant facilities, to
provide a complete and operable facility.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents maybe the whole or only a
part is generally described as follows:
City of Ukiah
Wastewater Treatment Plant Improvement Project
The overall Project consists of modifications to the wastewater treatment plant to
improve the performance of the plant's treatment processes. The plant will be converted from a
Trickling Filter/Secondary Treatment process to a Trickling Filter/Solids Contact process.
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I 1
ARTICLE 3 - PROJECT ENTITIES
3.01 The Project has been designed by Brown and Caldwell, Inc., the ENGINEER, defined and
described in the General Conditions.
3.02 Harris & Associates, the CONSTRUCTION MANAGER, will act as the CITY's on site
project representative, defined and described in the General Conditions.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the
Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed by the following dates, based upon a
Notice to Proceed issued on July 11, 2005, and completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions within the following number of days
after Notice to Proceed.
Milestone, specified in Section Substantial
01014 Completion Completion
1. October 10, 2005 -
2 November 1, 2006 -
3. November 1, 2007 -
4. November 1, 2008 -
Final Completion of all Work 1,210 days
4.03 Liquidated Damages
A. CONTRACTOR and CITY recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not completed within the times
specified in paragraph 00520-4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. The parties also recognize the delays, expense, and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof,
CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay CITY the amount listed below for each day that expires after the date
specified in paragraph 00520-4.02 for Substantial Completion until the Work is substantially
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complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to
complete the remaining Work within the Contract Time or any proper extension thereof granted
by CITY, CONTRACTOR shall pay CITY the amount listed below for each day that expires
after the time specified in paragraph 00520-4.02 for completion and readiness for final payment
until the Work is completed and ready for final payment. It is further agreed that the amount
stipulated for liquidated damages per day of delay is a reasonable estimate of the damages that
would be sustained by OWNER, and CONTRACTOR agrees to pay such liquidated damages as
herein provided. In case the liquidated damages are not paid, CONTRACTOR agrees that
OWNER may deduct the amount thereof from any money due or that may become due to
CONTRACTOR by progress payments or otherwise under the Agreement, or if said amount is
not sufficient, recover the total amount. In addition to liquidated damages, CONTRACTOR
shall pay to the CITY penalties assessed for NPDES Permit violations, which are $3,000 per day.
Milestone, specified in
Liquidated
Section 01014, or final
Damages, per day
completion
1.
$5,200
2
$5,600
3.
$5,800
4.
$7,800
Final Completion of all Work
$7,800
ARTICLE 5 - CONTRACT PRICE
5.01 CITY shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the amount determined below:
For the Bid Items listed in Section 00310 BID SCHEDULE inclusive, and all work
incidental thereto and connected therewith, as delineated on the BID SCHEDULE, a Lump Sum
of-
Fifty-six million five hundred thirty eight thousand and 00/100 DOLLARS $ 56,538.000
(words) (numerals)
All specific cash allowances are included in the above price and have been computed in
accordance with paragraph 00700-11.02 of the General Conditions.
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ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
CONSTRUCTION MANAGER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Pursuant to Section 20104.50 of California Public Contract Code, CITY shall
make progress payments within 30 days after receipt of CONTRACTOR's undisputed and
properly submitted Application for Payment less amounts which are authorized to be reserved or
retained by state law and in accordance with paragraphs 00520-6.02.A.I and 6.02.A.2 below. All
such payments will be measured by the schedule of values established as provided in paragraph
00700-2.07.A of the General Conditions (and in the case of Unit Price Work based on the
number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as CONSTRUCTION MANAGER may determine or
CITY may withhold, including but not limited to liquidated damages, in accordance with
paragraph 00700-14.02 of the General Conditions:
a. 90 percent of Work completed (with the balance being retainage).
If the Work has been 50 percent completed as determined by CONSTRUCTION MANAGER,
and if the character and progress of the Work have been satisfactory to CITY and
CONSTRUCTION MANAGER, CITY, on recommendation of CONSTRUCTION MANAGER,
may determine that as long as the character and progress of the Work remain satisfactory to them,
there will be no additional retainage; and
b. 75 percent of cost of materials and equipment properly stored on
site and not incorporated in the Work (with the balance being retainage).
2. Upon Substantial Completion, CITY shall pay an amount sufficient to
increase total payments to CONTRACTOR to 90 percent of the Work completed, less such
amounts as CONSTRUCTION MANAGER shall determine in accordance with paragraph
00700-14.02.13.5 of the General Conditions and less 125 percent of CONSTRUCTION
MANAGER's estimate of the value of Work to be completed or corrected as shown on the
tentative list of items to be completed or corrected attached to the certificate of Substantial
Completion.
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B. Pursuant to Section 22300 of California Public Contract Code, CONTRACTOR
has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings
required to be withheld by CITY.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
00700-14.07 of the General Conditions, CITY shall pay the remainder of the Contract Price as
recommended by CONSTRUCTION MANAGER as provided in said paragraph 00700-14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the legal rate unless otherwise specified according to California Law..
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce CITY to enter into this Agreement, CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and
the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as
to the general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the Site (except
Underground Facilities) which have been identified in the Supplementary Conditions as provided
in paragraph 00700-4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which has been identified in the Supplementary
Conditions as provided in paragraph 00700-4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
doing so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which
relate to any aspect of the means, methods, techniques, sequences, and procedures of
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construction to be employed by CONTRACTOR, including any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the Contract
Price, within the Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by CITY
and others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings identified in
the Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
I. CONTRACTOR has given CONSTRUCTION MANAGER written notice of all
conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the
Contract Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-6, inclusive).
2. Performance bond (pages 00610-1 to 0061-3, inclusive).
3. Payment bond (pages 00620-1 to 00620-2, inclusive).
4. General Conditions (pages 00700-1 to 00700-42, inclusive).
5. Supplementary Conditions (pages 00800-1 to 00800-3, inclusive).
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings as listed in the table of contents of the Project Manual.
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8. Addenda (numbers I to 3, inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages 00300-1 to 00300-5 and pages
00310-1 to 00310-2, inclusive).
b. Documentation submitted by CONTRACTOR prior to Notice of
Award (pages to , inclusive).
10. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Notice to Proceed
b. Work Change Directives.
C. Change Order(s).
B. The documents listed in paragraph 00520-9.0l.A are attached to this Agreement
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 00700-3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General
Conditions and the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
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10.03 Successors and Assigns
A. CITY and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the Contract
Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon CITY and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
10.05 (DELETED)
10.06 In accordance with Section 1775, California Labor Code, CONTRACTOR shall forfeit to
OWNER, as a penalty, not more than $50 for each day, or portion thereof, for each worker paid,
either by CONTRACTOR or any subcontractor, less than the prevailing rates as determined by
the Director of California Department of Industrial Relations for the Work.
10.07 Except as provided in Section 1815, California Labor Code, in the performance of the
Work, and not more than 40 hours shall constitute a week's work; and CONTRACTOR shall not
require more than 40 hours of labor in a week for any person employed by CONTRACTOR or
any subcontractor, and shall further conform to the requirements of Section 1810, California
Labor Code, and CONTRACTOR shall forfeit to OWNER, as a penalty, the sum of $25 for each
worker employed in the execution of the work by CONTRACTOR or any subcontractor, for each
day during which any worker is required or permitted to labor more than 40 hours in any one
calendar week in violation of Section 1810.
10.08 CONTRACTOR shall carry workers' compensation insurance and require subcontractors
to carry workers' compensation insurance as required by Section 3700, California Labor Code.
10.09 Excavation of any trench or trenches 5 feet or more in depth, involving estimated
expenditures in excess of $25,000 shall require, in advance of excavation, a detailed plan
showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection prepared by a registered civil or structural engineer.
IN WITNESS WHEREOF, CITY and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to CITY and CONTRACTOR. All portions
of the Contract Documents have been signed or identified by CITY and CONTRACTOR or on
their behalf.
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This Agreement will be effective on October 28 , 2005 (which is the Effective Date of the
Agreement).
CITY OF UKIAH, a municipal corporation
By:
ATTEST
CANDACE HORSLEY
City Manager
CONTRACTOR:
KIEWIT PACIFIC CO.
/ H. JOHN JANSEN
By: Vice President
Attest By:
, Asst. Secretary
4rtin
Addre
ss for g5000 Marsh Drive
e,.. `6~zu~e. y r,~. Fe
MARIE ULVILA
City Clerk
Concord, CA 94520
License No. 433176
(Where applicable)
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a'
~ - h
APPROVED AS TO FORM:
By. or- -
DAVID RAPPORT
City Attorney
APPROVED AS TO SUBSTANCE:
By:
Agent for
service of CT Corp.
process:
818 W. 7th Street, 2" Floor
Los Angeles, CA 90017 (800) 888-9207
Designated Representative:
Name: Bradley J. Kaufman
Title: Area Manager
Address: 5000 Marsh Drive
Concord, CA 94520
Phone: (925) 686-3030
Facsimile: (925) 687-5143
**END OF SECTION**
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BERNIE ZIEMIANEK
Public Utilities Director
BOND NO. 41SBI04632183BCM
SECT ION 00620
PAYMENTBOND
Aoy singular reference to CONTRACTOR, Surety, CITY or other party Small be considered plural where applicable.
CONC IW 1'OR (Nance acid Address):
Ikx, Kiewit Pacific Co.
5000 Marsh Dr., Concord, CA 94520
CITY (Name and Address):
City of Ukiah
Ukirtli Civic Center
300 Seminary Avenue
Ukiah, CA 9 482
St)I2I;TY (Name <md address of Principal
of Rtlsiiless):
Travelers Casualty and Surety
Company of America
One Tower Square-13CZ
Hartford, CT 06183
CONTRACT
Date:
Amount: $56,538,000.00
Descriptioo (Name mid Lueation):
City of Ukiah
Wastewater Treatment Plant kiprovcment Project
BOND
Bate(Not earlierthariContrtctDim): October 28, 2005
Amotmt: $56,538,000.00
Modihcatioais to this Bond Form:
Surety acid CONTRACTOR, intending to be letally bound hereby, subject to the terries printed on the reverse side
hereof, do each cause this Payment Bond to be duly executed ou its behalf by its atrlhorized officer, agent, oi-
remcsentative'
Kiewit Pacific Co.
CONTRACT"ORAS I'R:INCIPAL SUITTY Travelers Casualty and Surety Company
Company. Corp.. Seal) Company: of America (Corp. seal)
Si€*,nature,fr-- 5i,;nature: Y_Y./
Ni,nee and Title: Joh Jansen Name and T t e: en r L . Miller
ice President (AttachPo,r rofAttorricy) Attorney-in-Fact
(Space is provided below for signatures of additiowd parties, if required,)
CONTRACTOR AS PRINCIPAL SURETY
Comixtny: (Corp. Sea]) Company: (Coll). Seal)
Sit=,nature: Si:.rnttture:
_
Name acid Title. Nance and _Title:._
00620-1
03130105enf a23664V2 36 6 4-44010_1664Specs~WQ0,dzxllkg
T
y
1. The CON"ITiACI'OR and the Smetyt, jointly and severally; bind themselves,
the>z' hen, exeontors, administrators, wevi~asors and assigns to the CileY to pity for
labor, nrtrterials and equipincot fomished for use in the ImIl rnrance of tile,
Contract, which is inair}xoratad heroin by refoencc.
Z With respect to the CfI'Y, this obligation shall be null and void if the
CONTRACTOR:
2,1. Plumply ntal;cs pay? oil, directly Or indirectly, for all sums tine
Claimants, and
22_ Defends, indemnifies and holds harnniess the CTVY from all claims,
denan ,q. liens or sartt by ally person or entity who furnished labor, materials or
coluipment for use, in the pxrtonnance of die Coianact; provided the Cfl`Y has
promptly notified the CONITLACCOR and the Surety (at the addresses described in
p;autgaph 12) of any claims, demand: ' fiens or suits and tendered defense of such
ell=inns, demands, liens or suits to the CONTRACTOR and the Surety, and provided
thcw is no CITY I_kkfault.
3. With resIva to (Aaimants, this oblirgatiou shall bc. null std void if the
COiNTRACi'OR promptly makes payment, directly or indirectly, for all stoats due.
4. The Su cty shall have no obligation to Claimants antler this Bond until:
4.1. Claimants who ace cmliloyed by or have a direct contract with the
CONTRACTOR have given notice to the Surety (at the addiessc's dvscrilhul in
parzhghuph 72) and seat a «hpy, or° notice trertof, to the CIT Y, stating drat a claim is
being made under this Bond and, with substantial accuracy, the amount of the
L'laim.
4.2. 0;dmanis who do not have a direct contract with the CONTRACTOR
I. Tlavc furnished wriuen notice to the CONTRACTOR and
sent a copy, or notice thereof, to the CITY, within 90 days after having last
pc.Tornied hthor or lust funished materials or criuipnheut included in the claim
stating, with substinlliai accuracy, the amount of the claim rood tilnano; of the
IMI'Y 10 tshom the 304ieh'40S Belie futnishedd or supplied Or lot M)onr the lalx>r was
do-1t:.orlxrfomlo:J; sad
2. Have either received it rejection in whole or in part foam the
CONTRACTOR, or not rccitdved within 30 days Of furnishing the above notisetnty
contra unieation from the CONITOC'TOR by which the CONTRACTOR had
indicate-] the claim will be paid ohivctly orindircctly; and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety and sent a copy, or notice thereof, to the CIi'Y, stating
that a claim is Dine prude under this Bond and enclosing it copy of the pttvious
written notice furnished to the CONI3R;ACYOR,
5, 11'a notice relui -ed by paragraph 4 is given by the CITY to the CONTRACTOR
or to ncQ Surety, that issufficicutcomphrrnce.
6. When the Claimant has satisfied the conditions: of parr;Taplr 1, the Surety shall
p'romp(ly anti at the Surety`'s a~;pcnsc tokc the f<>llowntg actions:
6.1. Send an answer to the Cdaimanl, with it copy to the CITY, within 45
days after receipt of the elan r, stathng the amounts that are undisputed and the basis
lixchallonw*ing any amounts that arc disputed.
6,2. Pay or ounmgefor payment of any undisputed antottnts.
7, '111e survty's total obligation sthatl not exceed the amount of this Bond, and the
amount of this Boud shall be credited for any payments made in gtxxd faith by the
Sm ty.
ft3J3Ct1t351D1:\23664>?3fiG4.4at1,`? 1ht;a.Sp<•c~uXh62U.doxllk
8. Amount, owed by the CfTY to the CO VT RACTOR under the Contract shall be
used lot' dhu Ixrfortminee of the Contract and to satisfy claims, if any, under only
Pol'orniance Bond, By the CON1IM-FOR famishing and the CII'Y acceptvtg
dis Bond, they apvc that ail funds caned by the CONTRAC'T'OR in the
performance of the C'onuaet are dedicated to Satisfy obligations of tite
CON"TRACI'OR and the Surety under this Bond, subject to the CdTY's priority to
use flha funds for the completion of the Work,
9. 1 hu, Surcty shall rrotbeliable, to tile CTPY , Claimants or others for obhgations of
the CONTRACTOR that are unrelated to the Contract. `floe CITY shall not be
liable for payment of any costs or expenses of ally Claimant under this Bond, and
shall have antler this Bond no obligations to make payments tit, give notices on
behalf of, or othcrvviw.1mv, obligations to Claimants under this Bond,
10. The Surety hereby Waive'9 notice of any change, including changes of tittle, to
doe Contract or to related Subcontracts, purchase orders raid othcr Obligations,
1, No suit or action shall be, commenced by a Claimant under this Bond other
that in a court of competent jurisdiction in the location ill which the Work nr pat
of the Work is located or after the expiration of one year fiom the date (1) on which
die Claimant gave the notice required by paragraph 4,1 or paragraph,TZ3, or (2) on
which the Jaet laN)r or service was pci-'owned by anyone or the last materials or
equipment weiv fumii hed by anyone under the C'onsirnetion Cntrtct, wlnelhever
of (1) or (2) first ocean. If the provisions of this pv agraph are void or prohibited
by law, tiro minimam period of limitation available to sureties as it defense in tote
jurisdiction 01 `1110 snit shall be applicable,
12_ Noticc to the &urcty, the CITY or the CONTRACTOR shall be mulled or
dalivertd to the addree;6 shomi on the signature page. Actuai receipt of notice by
Surety, the CITY or the CONTRACTOR, however accomplished, shall be
aui'ficiun compliance as of the date received at tie addhrss slhown on the sit;rtature
page,
13. 'Mien tans Bond has firen furnished to comply vvith a statutory or tither legal
icquiremcut in the location where the Contract was to bt performed, any provision
in this frond c{snllictittg %vith said statutory or legrtl reiluireinertt shall be &ellled
deleted therefrom and pan-isions conforming to such statutory or Otter legal
raquuremcut shah be deemed incorpoi mcd herein. The intent is, that this Bond shall
be ccm.trued as a statutory Bond ant not as :r common law bond.
14, U[xrn relqutm of any person or entity gltpearing to he a potential beneficiary of
this Bond, the CC7VTRA(-rOR sl)a'I promptly furnish a copy of this Bond or shall
permit a copy to be, made.
15, DTWIMISONS
15.1, Claimant: An individual or tltity having it direct contraet with ire
CONI RACd'OR or with a Subcontractor of the CONTRA("I'OR to furtish labor,
materials or eriuipmuu for use, in the performance of tine Connect. The intent of
this Bond shall be to include without limitation in lac tclnts "lalx r, materials or
equipmoit" that part of water, gas, power, light, heat oil, gasoline, telephone
service: or rental equipment used in the C.omnict, architectural and engineering
scivices required for performance of the Work of tic CONTRACTOR and die
C'ON'TRACMR's Sobcontractots, and all otter items for which it mechanic's lien
may be, asseated in the jurisdiction where the labor, materials or equipment were
fomishui.
15,2. Contract: 'The agreement bevxeen floe C'I'Y and idle CONTRACTOR
identiiied on the sitnatitre page, including all Contract Documents and changt"
thereto,
15.3. CITY Default; Failure of the C", which has neither been remedied
nor waited, to pay the CONTRACTOR as required by the Contract or to perform
and complete or comply with die other tel ms therrchf.
END OF SECT 10N*:t,
00620-2
IN _ WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 26th day on May, 2004.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
vpS`pNOSUgF/~G JP~TY A/p0
,\y w lk/Sie y s pA 0 4
€~~P~• ~•~P~,a c uP G9m O R,~~
HART 6RI) s m HARTFORD, 19118 2 O
CONN., CONN.
a
IIMUIN~A~~~ r
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 26th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G.TET
7AA
CERTIFICATE
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford,.State of Connecticut. Dated this 28 day of
October 2005.
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Kori M. Johanson
Assistant Secretary, Bond
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by These
presents make, constitute and appoint: Philip G. Dehn, Terry K. Bartel, Jennifer L. Miller, Janet R. Nielsen, Tammy Pike, Paul
A. Foss, of Omaha, Nebraska, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and
all bonds, recognizances, contracts of indemnity; and other writings obligatory in the nature of a bond; recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the tame
were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority
herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions arenow
in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
j Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
j 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.
VOTED: That the Chairman, the.President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice Presidentmay
,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.
~I
NOTED: 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
)ne 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.
Phis Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
'IOMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
jOIVIPANY, which Resolution is now in full force and effect:
'TED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
'-sident, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
fiver of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for
tnoses only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
i
L! iR-
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under. the Act. insurers are. required to provide coverage. - for
certain losses caused by international acts of terrorism as defined
in the Act: The Act further provides that the Federal Government
will pay` a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result, in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is-allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
I LT-1013 (2/03)
BOND NO. 41SB104632183BCM
SECTION 00610
PERFORMANCE BONI)
Any singular refarenc;e to CONTRACTOR, Surety, CITY or other party shall be considered plural +hcre aI?plic~blc.
CONTRACTOR (Name turd Address): SURETY {Nan1e and Address of Principal Place of Business):
Kiewit Pacific Co., 5000 Marsh Dr., Concord, CA Travelers Casualty and Surety
C'I`I'Y(Nanaeand~Address)_ 94520 Company of America
City of Ukiah One Tower Square-13CZ
Ukiah Civic Center Hartford, CT 06183
300 Seminary Avenue
Ukiah, CA 95482.
CONTRACT
Date:
Amomic $56,538,000.00
Description (N<anie tend Location):
City of Ukiah
Wastewater Treatment Plant Expansion
BOND
t)ate (Not earlier Haan Contract Date); October 28, 2005
Amount: $56,538,000.00
Islodilications to this Bond Porm-
Surety .md C'ONTRAC'TOR., intending to be legally bound hereby, subject to the terns p inted on the revorse side
Ilercof, do each c<mse this Performance Bond to be duly execrated on its behalf by its authorized officer, agent or
representative;.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seat) Company: (Corp. Seal)
Kiewit Pacific Co. Travelers Casualty and Surety Company
of America
► ~L-L~
Signature: _ Signature
en Nanae and'I i Jennif r L. -jr
ns
Name and'1 itle: Jq-e
fillVice President (Attach Pow of Attorney) Attorney-in-Fact
(Space is provided bclo~ for signatures of ld(litional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company:
Signature:
Nark and Title:
04/01 10;i lA13664V, ~G6A 140',23664-Slxc~A0061OAo Adem
Signature: _
Name and Title:
00610A
(Corp. Seal)
1. 'If to CONTRACTOR and the Surety, jointly and severally, bind thcntseIvc ,
their heirs, oxecutors. administrators, socme ",01A anti assign"', to the CITY for the
performance ofihe Ckntracl, which is incorporntel herein by reference.
2. Ville CONTRACTOR performs the Coutracl, till', Surely and the
COti`TRAC'MR have no obligation under this Bonn, except to participate in
conferences as provided in paragraph 3.1.
3. 1f there is no CITY Defmdt, the Swelys obligation under this Bond shall arise
afar:
3.1. The CITY has notified the C.'OM RACI'OR and Ihr Surety at the
addresses described in paraC~raplr 1(1 below, that the CIl 5' is tcnsidering dectarin;,
a C ONTRAt l'OR Default and has regncsted and attempted un arrau.G a eonfere_ncc
with tine CON'TRAC`POIZ and the surety to be held not later Than fifteen days after
receipt of such notice to discuss methods of performing tilt Contract, If The CITY,
the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a
reasonable time to periornm tita C3mtraC1, hilt :uch all gteetnent shall not waive the
C'ITY's right, if any, stibsequenily to declare a CONTRACTOR Defauh; and
3,2. The CITY b ns declared a CON HtA('! OR Default and formally
rcrmhmted the CONTkACTOR's right to cowplcte the Contract. Such
CON',RAC°iM DJault shell not be declared eai'her than Twenty days after the
CONTRAC POR and the Surety have received notice as provided ill paragunpb 3.1;
and
3.3. '11ne CI"d'Y has agreed to pay the t3alance of the ('onutact Yrice u?;
3.3.L Tire Surety in accordance %vith the. terms of tile. Contract;
33.2 Another contractor selected pursuant to paragraph 43 to
Perform The Contract.
4. 'e,'thcn the CITY haS sitisficd tine c'anditions of paragraph 3, the Surety shall
Promptly and at the Surety's expanse take line of the following, actions:
4.1. Arrange for the CONTRAC;MR, rs ith consent of the CITY, to pcoorra
and complete the Contract; or
4 Undcrrtkr, to parfontn and ct)nnptete Cho t.°ontract itself, through its
agents or through independent conuact{rrs; or
A.3. Obtain bids or negotiated proposals from qualified coniractars
acceptable to the CITY for a contract for performance, and completion of the
Comracl, arrange for a contract to be preparsd fwexecution by the CITY and the
eontraetorsclected with theCITY's concurrence, to be secured with performance
and payment bonds executed by a qualified surety cquivalemt To tilt! Bonds issued
on the Contract, and pay to the CITY the amount of datna 85 8S described in
paragral>b 6 in excess of tine Balance of the. Contract Fate incurred by the CITY
resulting front the CONTRA(A'OR D> fault; or
6. After the CITY has terminated the CONTRACfOR's right to complete the
Comract. and if the surety elects to act under paragraph -4, 1, 4.2, or 4,3 above, then
the responsibilities of the Surety to the CITY shall not be greater than those of the
CONTRACTOR under the Contract, and the responsibilitie3 of the. CITY to the
Surety shall not be greater than those of the CITY under the Contract. To a unlit of
the amount of this Bond, but subJectTo commiunent by the CITY of the Balance of
the, Contract Price to mltigation of casts and damages on the Gbnttaet, the SUrey is
obligated without duplication for:
6.1, The rosponsibi) ities of the CONTRACTOR for correction of defective
Work and completion of the Contract;
6.2. Additional legal, design profe"ional and delay costs resulting flora The
C'ONTRACTOR's Default. and tcsoldug, from tine actions or failure toner of the
Surety under paragraph 4; and
6.3. Litluidated da;nages, osr if nu liquidated dnrnages are specified in the
Conhact, actual datnadr°s caused by delayed perf'ornnanco or non-hetiotnrance of
the CONTRACTOR,
7. The Surety shall not be liable to the. CITY or others for obligations of the
CONTRACTOR that are unrelated to the Contract, and tine Balance of the Contract
Price shall not be reduced or sct off on account of anysuch unrelated obligations.
No right of action shall accrue on this Bond fo any person or entity other than the
CITY or its heir", executors. adrninistratura. or successors.
8. 791e Surcty }tetchy waives not ice oi'any Change, including changes of dune, to
the
Contract or to related subcontracts. purchase orders and other obligauan,.
9, Any pro,ceding. legal or equitable, under this Bood may be im ituted in any
eoun of zv;npetvrrt;lurischetion in dtels>Cation in which the `.Fork or part of the
l~~ork is located and shall tae iostinated within tsvoyears aiierC:ONTRAC:Tt.)R
Default or within Two years after the. CONTRACTOR ceased working or within
two years after the Surety refuseS or fails to perform its obligations under this
Bpnd, whichever occurs fir_,t. If the provisions of this paragraph are void or
prohibited by lave, the iuinimum prribtl of limitation available to Suretiee ac a
dfense io ihejnrisdiction of till suit shall be applicable.
10. Notice to the Surety, the Cl'IY or the CON'TRAC VOR shall be mailed or
delivered to the address shown on the signature page.
11. '1Vhen this Blind has been furnished to comply with a statutory or other legal
reduirement in the location where the Contract was be Nifomtcd, any provision in
this Bond confIiciinn with said statutoryor legal requirerneut Ahail he deemed
deleted here from and provisions conforming to Stich statutory or other legal
rcquircrnunt Shall he dccinid incorporated bercin. The intent is that this Dond Strait
be constrtui as a Siatutory bond and not as a common law bond.
12. Definitions,
~i.=l. C~raive its rigfu to perd'onn an8 connlztetc, ;orange. for tougzietinn, nr 12.1 Balance of the Contract Price: The total amount payable by the CITY to
obtain anew contractor and Willi reasonable promptness under the chvIuuNvuxcs; the CONTRACTOR under the Contract afterall proper adjustments have been
made, including allowance to the CONFIRAC'IOR of any amounts received or to be
A.4,1 Alter investigation, determine the amount for tivhich it may received by the CITY in seulontent of lmsurauce otnther Claims fordarnages to
be liable to the CITY and, as soon as practicable after the anlmnnt iS determined, which the CONTRACIY`R is entitled, reduced by all valid and proper payrnents
tender payment therefor to the CITY; or tattle to or on behalf of the CON'TRAC'TOR under the Contract.
4.4.2 Deriv liability in whole or in part and notify the CITY citing 1,2.2. Contract: The agicoment between the CITY and the CONTRACTOR
reasons therefor, identified on the signature page, including all Contract Dc colmems and changes
tberCto.
5. If the Surety da s not proceed as provided in paragraph 4 with reasonable
promptness. the surety shall be deemed to be in default on this Bond fiticco days
after n ceipt of an additional wthten notice front the CITY to the Surety demanding
t=nit the. Surety prnfomt its obligations under this Bond, and the CITY shall be
entitled tar cnfune any leanly available to th CI3'Y. If Ste Surety proceeds as
provided in paragraph 4.A, and the C"1TY refuses dne ltayment tendered or the
Surety has denied
pliability, iu Whole or in part, without farther notieerhe CITY shall be entitled to
elljorct; any remedy available to tine CITY.
12.3. CON'I'RACfOR DC[Adt: Failure of the CONTRACTOR, which has
neither been remedied nor waived, to perform or otlrerv,ke to comply with the
team of the C:ontra&
12.A. CITY "Default: Failure of tftc CITY, which has neither been remedied
nor waived, to pay the CUNTRAC POR as required by the Contract or to perform
and complete or comply with the other teens thereof,
00610-2
iQIh51091M:123CGi1?36G4-A=fOI?~6f+~lv~'pcsVJfi6l0.ilua4lem
(FM J,,F sR-NIX'I'ION ()NLY--Name, Addwss wid Telephone)
A(iI N'1'trr BROKER: C:I'T'1" S IZLi'ItB N'I'A'I'IV1 (ENGINEER or other party):
END OF SECTIONS::;:
UfkSt{k31~.i;13~~if4~3tifii4a0~23GG9-~~?ect'{}tJGiO.doc'ulem
00610-3
Trs'
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002: (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under. the Act, insurers are required to provide coverage. - for
certain losses caused by international acts of terrorism as defined
in the Act: The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result. in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is-allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
I LT-1018 (2/03)
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SECTION 00300
BID FORM
PROJECT IDENTIFICATION:
City of Ukiah Wastewater Treatment Plant Improvement Project
THIS BID IS SUBMITTED TO:
City of Ukiah
Office of City Clerk
Ukiah Civic Center
300 Seminary Avenue
Ukiah CA 95482
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with
CITY in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding
Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and
conditions of the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Notice to Contractors and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to
acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon
request of CITY.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in
the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
Addendum No. Addendum Date
5/17/05
2 5/25/05
3 5/26/05
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site
conditions that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may
affect cost, progress and performance of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at
or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 00700-4.02 of the General Conditions, and (2) reports and drawings of a Hazardous
Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph
007004.06 of the General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional
or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
00300-1
04/06/05\M:\23664\23664-Specs\00300.doc\dem
subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of
the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to
be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and
programs incident thereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or
data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times
and in accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by CITY and others at the Site that
relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents.
1. Bidder has given CONSTRUCTION MANAGER written notice of all conflicts, errors, ambiguities,
or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by
CONSTRUCTION MANAGER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for the performance of the Work for which this Bid is submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any
undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to
submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and
Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over CITY.
5.01 Bidder will complete the Work in accordance with the Contract Documents for the price and for the Bid
Items listed in Section 00310 BID SCHEDULE inclusive and all work incidental thereto and connected therewith, as
delineated on the BID SCHEDULE.
All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with
paragraph 00700-11.02 of the General Conditions.
6.01 Bidder accepts the provisions of the Agreement as to damages in the event of failure to complete the Work
within the times specified above, which shall be stated in and/or referenced by the Agreement.
7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of Bidder's Bond
B. A tabulation of Subcontractors, Manufacturers, Suppliers and other individuals and entities required
to be identified in this Bid;
C. Required bidder qualifications statement with supporting data; and
D. 00310 Bid Schedule
E. 00423 Certification of Bidder's Experience and Qualifications
F. 00430 Proposed Subcontractors
00300-2
04/06/05\M:\23664\23664-Specs\00300.doc\dem
G. 00437 Substitution Request Form
H. 00450 Schedule of Manufacturers and Suppliers Major Equipment and Material Items
1. 00456 Non-Collusion Affidavit
8.01 The terms used in this Bid have the meanings indicated in the Instructions to Bidders, the General
Conditions, and the Supplementary Conditions.
SUBMITTED on June 2 .2005.
California Contractor License No.
433176
If Bidder is:
An Individual
Name (typed or printed):
By:
Doing business as:
Business address:
Phone No.:
A Partnership
Partnership Name:
By:
(Individual's signature)
FAX No.:
(SEAL)
(SEAL)
(Signature of general partner attach evidence of authority to sign)
Name (typed or printed):
Business address:
Phone No.:
A Corporation
Corporation Name: _
State of Incorporation:
Type (General B me!
By: # - ~/~rj
Delaware
sional, Service, LimitedLiability): General Business
attach evidence of authority to sign)
00300-3
FAX No.:
Kiewit Pacific Co.
(SEAL)
04/06/05\M:\23664\23664-Specs\00300.doc\dem
Name (typed or printed): H. John Jansen
Title: e PW-s," de_pA /1
(CORPORATE SEAL),
Attest
B. Philip Mar in (Signature o Corporate Secretary) Asst. Secretary
Business address: 5000 Marsh Drive
Concord CA 94520
Phone No.: (925) 686-3030 FAX No.: (925) 687-5143
Date of Qualification to do business is May 18 , 1982
A Joint Venture
Joint Venturer Name:
By:
(SEAL)
By:
(Signature of joint venture partner attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.: FAX No.:
Joint Venturer Name:
(SEAL)
(Signature attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.: FAX No.:
Phone and FAX Number, and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is
a party to the joint venture should be in the manner indicated above.)
**END OF SECTION**
00300-4
04/06/05\M:\23664\23664-Specs\00300. doc\dem
CERTIFIED COPY OF SECTIONS 6, 7, AND 8
OF ARTICLE V
OF THE BY-LAWS OF
KIEWIT PACIFIC CO.
"OFFICERS - THE PRESIDENT - Section 6. The president shall be the chief executive
officer of the corporation, shall preside at all meetings of the stockholders and the board of
directors, shall have general and active management of the business of the corporation and shall see
that all orders and resolutions of the board of directors are carried into effect.
Section 7. He shall execute bonds, mortgages and other contracts requiring a seal, under the
seal of the corporation, except where required or permitted by law to be otherwise signed and
executed and except where the signing and execution thereof shall be expressly delegated by the
board of directors to some other officer or agent of the corporation.
THE VICE-PRESIDENTS (IF ANY) - Section 8. In the absence of the president or in the
event of his inability or refusal to act, the vice-president (or in the event there be more than one
vice-president, the vice-presidents in the order designated by the directors, or in the absence of any
designation, then in the order of their election) shall perform the duties of the president, and when
so acting, shall have all the powers of and be subject to all the restrictions upon the president. The
vice-presidents shall perform such other duties and have such other powers as the board of directors
may from time to time prescribe."
I, Michael F. Norton, Secretary of Kiewit Pacific Co., a corporation organized under the
laws of the State of Delaware, do hereby certify that the foregoing is a full, true and correct copy of
Sections 6, 7, and 8 of Article V of the By-Laws of said corporation.
I further certify that H. JOHN JANSEN is a duly elected, qualified, and acting Vice
President of Kiewit Pacific Co.
IN WITNESS WHEREOF, I have hereunto subscribed my name and have affixed the
corporate seal of the corporation this 18th day of February, 2005. 141
Michael F. Norton, Secretary
(SEAL)
SECTION 003 10
BID SCHEDULE
(Addendum Item 3.01)
City of Ukiah
Wastewater Treatment Plant
Improvement Project
1.0 BASE BID
Estimated
Item
Description
Unit uanti
1.
Construction of
LS 1
improvements, modifications
and additions to the CITY's
wastewater treatment plant,
all in accordance with the
Contract Documents, except
for Bid Items 2 through 4.
2.
Bid allowance for differing
LS 1
site conditions as defined in
paragraph 01025-2.0 (Bid
Item 2).
3.
Cost for providing all shoring
LS 1
and bracing on all Bid Items
above including but not
limited to that as required by
Sections 6700-6708 of the
Labor Code.
4.
Allowance for purchase of
LS 1
equipment, rolling stock, lab
equipment, and furnishings.
5
Allowance for commercial
LS 1
video taping service to record
training sessions.
6
Allowance for Dispute
LS 1
Review Board.
7
Allowance for Partnering
LS 1
Facilitator and Facilities
Unit Bid Price Total Bid Price
$ . LS $53,B55,33.5
$ 200,000
$ / D60 OD0 LS $ OUD,OD6
$ 300,000
$50,000
$50,000
$50,000
00310-1
04/07/05\P:\25000\25804 - Ukiah WW 1'P\Addenda\Addendum 3\00310 Add3.doc\lkg
Estimated
Item Description Unit uanti Unit Bid Price Total Bid Price
8 Cost for asbestos and lead Unit Bid Extended
paint abatement Price Bid Price
Asbestos:
a. Thermal system insulation LF 70 $ to o $
n
b. White window putty LF 288 zao
c. Black roofing felt and tar. SF 270 $30-0 $ 110 me
Ofk
d. Roof black mastic LF 170 $ a~ $ .S/®
e. Asbestos cement flue LF 4 $ ZJ~~ $ /DD
Total asbestos abatement Sum of 8a through 8e: $7D0
Lead paint: SF ° 5S 54e
f. Exterior wall SF 1133 $ f $
g. Wooden doors SF 380
h. Interior walls SF 3550 1'f•Tr $ rIS1
i. Metal roof deck SF 210 td ST
Total lead paint abatement Sum of 8f through 8i: $~S5
9 Allowance for administrative LS 1 $1,000,000
change orders
Total Base Bid Items 1 through 9 inclusive and all work incidental thereto and connected
therewith.
Bid amount of each of the above Bid Items must be filled in and completed.
Total Bid: Total Base Bid.
The Total Bid Price (the sum/~m~yation of the bid items)
For $ J.36. UU0
(amount in figures)
Six M /b ~n Ave h o land Jrj t,
(amount in words)
**END OF SECTION**
00310-2
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SECTION 00410
BIDDER arise and. Address):
Kiewit Paccitic Co.
BID BOND
SURETY (Name and Address of Principal Place of Business):
Travelers Casualty and Surety Company of America
-13CZ
-Oile Tower Hartford. C 3
CITY (Name and Address):
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
BED
BID DUE DATE: June 2. 2005 -
PROJECT (Brief Description Including Location):
City of Ukiah
City of Ukiah Wastewater Treatment Plant Improvement Project
BO9rI'D
BOND NUMBER: N/A
DATE (Not later than Bid due date): June 2, 2005
PENAL SUM: Ten Percent of Total Bid
(Words)
10% of bid
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on
the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent,
or representative.
BIDDER
Kiewit Pacific Co. (Seat)
Bidder's Name and Corporate Seal
By.
H. John
Attest Al
Title
_ APresident
SURETY
Travelers Casualty and Surety Company of America
(Seal)
Surety's Name and Corporate Seal
By:'
V i atureandTitle Jennifer L. Miller
On- (Attach Power Attorney)
Attest: 1.C.'cf'V"Z
FOP- oi;t o had 7-mo Sigittiture and Title Res. Asst. Secty
B. Philip Main, Asst. Secretary
Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, CITY or other party shall be considered plural where
applicable.
00410-1
03130i05W.-.\23664\'-)3664-spe4asw0410.dmukg
.
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to CITY upon default. of
Bidder the penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the. failure of
Bidder to deliver within the time required by the. Bidding
Documents (or any extension thereof agreed to in writing
by CITY) the executed Agreement required by' the
Bidding Documents and any performance and payment
Bonds required by the Bidding Documents.
3. This obligation shall be null and void if.
3.1. CITY accepts Bidder's Bid and Bidder delivers
within the time required by the Bidding Documents (or
any extension thereof agreed to in writing by CITY) the
executed Agreement required by the Bidding Documents
and any performance and payment Bonds required by the
Bidding Documents, or
3.2. All Bids are rejected by CITY, or
3.3. CITY fails to issue a Notice of Award to Bidder
within the time specified in the Bidding Documents (or
any extension thereof agreed to in writing by Bidder and,
if applicable, consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
from CITY, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
5. Surety waives notice of and any and all defenses based
on or arising out of any time extension to issue Notice of
Award agreed to in writing by CITY and Bidder,
provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed
120 days from Bid due date without Surety's written
consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default
required in paragraph 4 above is received by Bidder and
Surety and in no case later than one year after Bid due
date.
7. Any, suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent
to Bidder and Surety at their respective addresses shown
on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States
Registered or Certified Mail, return receipt requested,
postage pre-paid, and shall be deemed to be effective
upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power or Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
.Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in
conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer
or proposal as applicable.
**END OF SECTION"
00410-2
03n0/03\M:\23664\23664-Specs\00410.doaVkg
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Philip G. Dehn, Terry K. Bartel, Jennifer L. Miller, Janet R. Nielsen, Tammy Pike, Paul
A. Foss, of Omaha, Nebraska, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and
all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same
were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority
herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: 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.
STATE OF NEBRASKA I, Janet R. Nielsen a Notary Public in and
for said County and State, do hereby certify that
COUNTY OF DOUGLAS President
Vice President
Jennifer L. Miller Attorney-in-Fact
of Travelers Casualty and Surety Company of America, who is personally
known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person, and
acknowledged that she signed, sealed and delivered a said instrument,
for and on behalf of Travelers Casualty and Surety Company of America
for the uses and purposes therein set forth.
Given under my hand and notari l` ea, the ciLU uay vi
June A.D., 20
net R. Nielsen, Notary Public
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Philip G. Dehn, Terry K. Bartel, Jennifer L. Miller, Janet R. Nielsen, Tammy Pike, Paul
A. Foss, of Omaha, Nebraska, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and
all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same
were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority
herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: 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.
STATE OF NEBRASKA I, Janet R. Nielsen a Notary Public in and
for said County and State, do hereby certify that
COUNTY OF DOUGLAS
President
Vice President
Jennifer L. Miller
Attorney-in-Fact
of Travelers Casualty and Surety Company of America, who is personally
known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person, and
acknowledged that she signed, sealed and delivered a said instrument,
for and on behalf of Travelers Casualty and Surety Company of America
for the uses and purposes therein set forth.
Given under my hand and notari 1 eal, the 2nd day of
June A.D., 20
net R. Nielsen, Notary Public
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(11-00 Standard)
M_ravelers'
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result. in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
I LT-1018 (2/03)
SECTION 00423
CERTIFICATION OF BIDDER'S
EXPERIENCE AND QUALIFICATIONS
The undersigned Bidder certifies that he is, at the time of Bidding, and shall be, throughout
the period of the Contract, licensed by the State of California to do the type of work required under
terms of the Contract Documents. Bidder further certifies that he is skilled and regularly engaged in
the general class and type of work called for in the Contract Documents.
In accordance with the requirements of Section 00100, the Bidder represents that he is
competent, knowledgeable and has special skills on the nature, extent and inherent conditions of the
work to be performed. Bidder further acknowledges that there are certain peculiar and inherent
conditions existent in the construction of the particular facilities which may create, during the
construction program, unusual or peculiar unsafe conditions hazardous to persons and property.
Bidder expressly acknowledges that he is aware of such peculiar risks and that he has the skill and
experience to foresee and to adopt protective measures to adequately and safely perform the
construction work with respect to such hazards.
Signed this 2nd day of June , 20 05 .
Kiewit Pacific Co.
Name of Bidder
433176 - California
Contractor's License No. and State
Iv ~4u'zn"1-4
Signatu of Bi er
H. John Jansen
Vice President
Title of Signatory
**END OF SECTION**
00423-1
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SECTION 00430
The following information gives the name, business address, and portion of work
(description of work to be done) for each Subcontractor that will be used in the Work if the Bidder
is awarded the Contract. No Subcontractor doing work in excess of 0.5 percent of the total amount
of the Bid and who is not listed shall be used without the written approval of the CITY. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g.,
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
PROPOSED SUBCONTRACTORS
Name I Business Address I Description of Work
?-I a~ CAZ*.tSTNZ~-XCjjpN
44SS r +T rz.~S E S-
% , CA g4s3a
Et.F~ C-AL
AG2.e-P, 'Rt7SjFb(ZU QCa
►o~ Kws~--moo
P4'~Pc , CA
Signat e of Idder
H. John Jansen, Vice President
**END OF SECTION**
00430-1
10/21 /041M:\23664\23664-Specs\00430.doc\dem
SECTION 00430
PROPOSED SUBCONTRACTORS
The following information gives the name, business address, and portion of work
(description of work to be done) for each Subcontractor that will be used in the Work if the Bidder
is awarded the Contract. No Subcontractor doing work in excess of 0.5 percent of the total amount
of the Bid and who is not listed shall be used without the written approval of the CITY. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g.,
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
Name Business Address Description of Work
4~n-
c~iu1=t ~ ~t-rysv
C -&r-1 A - ?T $ ow- 1175b2
C,aENJJEF PWVkK o WJJ R ON W1
i-~jjMAAd-'--
Signaturi/of Bi der
H. John Jansen, Vice President
z2 z~ Fu,~-Tp N rzO
SP -0111- Rpc%q 954w3
**END OF SECTION**
00430-2
10121/041M:\23664123664-Specs100430.doc\dem
SEC'T'ION 00430
PROPOSED SUBCONTRACTORS
The following information gives the name, business address, and portion of work
(description of work to be done) for each Subcontractor that will be used in the Work if the Bidder
is awarded the Contract. No Subcontractor doing work in excess of 0.5 percent of the total amount
of the Bid and who is not listed shall be used without the written approval of the CITY. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g.,
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
Business Address
Description of Work
Name
tz nil
-SW,1\ S Lbr tca (mot: tpi u~t Pp g o~c tBGs I-7
SAORWVIOI~ I CA
95818
M&Afi.CJOt,IPL-tom 0.,r-,Mr
T. $ 4-S opkIL opovE A v a
STE I/O!
I`AETtLO (Fp4zr ~CA
cl"ZS
* NQ1
Njk,aTN- ZU1LDk (C
Si Lure o Bidder
H. John Jansen, Vice President
**END OF SECTION**
00430-3
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SECTION 00430
PROPOSED SUBCONTRACTORS
The following information gives the name, business address, and portion of work
(description of work to be done) for each Subcontractor that will be used in the Work if the Bidder
is awarded the Contract. No Subcontractor doing work in excess of 0.5 percent of the total amount
of the Bid and who is not listed shall be used without the written approval of the CITY. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g.,
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
Name I Business Address ) Description of Work
~'C- t_~~'Fc- caste. Szo noy'rTLE pie
s ~~vc~rzd , C A
9 457-7
v [WTI-SC--4C- "C'AN 11,1c
119 Mk N S'F
WVNA V- zs , CA
cis-(,A4
L.r4nS0n.P1 r-L
TAvI tj(~
Signatur of Bi er
H. John Jansen, Vice President
10/21/04W:123664123664-Specs\00430.docldem
**END OF SECTION**
00430-4
SECTION 00430
PROPOSED SUBCONTRACTORS
The following information gives the name, business address, and portion of work
(description of work to be done) for each Subcontractor that will be used in the Work if the Bidder
is awarded the Contract. No Subcontractor doing work in excess of 0.5 percent of the total amount
of the Bid and who is not listed shall be used without the written approval of the CITY. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g.,
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
Signa re 4i-dder
H. John Jansen, Vice President
**END OF SECTION**
00430-5
10/21104\1:123664123664-Specs\00430.docldem
SECTION 00430
PROPOSED SUBCONTRACTORS
The following information gives the name, business address, and portion of work
(description of work to be done) for each Subcontractor that will be used in the Work if the Bidder
is awarded the Contract. No Subcontractor doing work in excess of 0.5 percent of the total amount
of the Bid and who is not listed shall be used without the written approval of the CITY. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g.,
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
/j-4Qgt--
Sof Bi der
H. John Jansen, Vice President
**END OF SECTION**
00430- 6
10/21/04\4:123664123664-Spec W430.docldem
SECTION 00437
SUBSTITUTION REQUEST FORMa
In accordance with specification Section 00100, Article 11, we herewith propose the following
substitution of materials and/or equipment or materials and/or equipment proposed as an "equal":
Specified Manufacturer
Specified Make &
Model Number
Description
Specification /
Drawing Reference
Proposed Manufacturer
Proposed Make &
Model Number
Cost Adjustment
to Contract $
CONTRACTOR CERTIFICATION
The above and following _ sheets constitute(s) a complete listing of all proposed material
and/or equipment substitutions and/or equipment proposed as an "equal" for this Project. No
additional substitution requests will be made.
6/02/05
CONT ~CTr's Representative Date
H. John Jansen, Vice President
aTo be submitted with Bid.
Sheet of
**END OF SECTION**
00437-1
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SECTION 00450
(Addendum Item 1.02)
SCHEDULE OF
MANUFACTURERS AND SUPPLIERS
MAJOR EQUIPMENT AND MATERIAL ITEMS
In accordance with Section 00100, the Bidder proposes that each named item of major
equipment will be supplied by the single manufacturer circled or written in by the Bidder.
Equipment Item/Specification Section
Manufacturer
1.
Item: Adjustable Frequency Drives
lien Bra
Section: 11069
2.
Item: Standby Generator System
aterpillar
Section: 11080
Cummins
3.
Item: Sluice Gates
Roc nl-e- n
Section: 11100
I-~
4.
Item: Stainless Steel Slide Gates
unt
Section: 11109
r~
5.
Item: In-line Grinders
Disposable Waste Systems, Inc
Section: 11117
6.
Item: Mechanically Cleaned Bar Screens,
ONDEO Degremont, Inc.
Articulated Rake Type
FMC Corporation
Section: 11121
Schloss En ' d ui ment
7.
Item: Screenings Washing and Compacting
uber Technolo
Equipment
Parkson Corporation
Section: 11123
8.
Item: Grit Cyclones
Wemco
Section: 11146
r-lGeb7s~::)
9.
Item: Grit Washers
Huber Technology
Section: 11149
10.
Item: Nonmetallic Chain and Flight Sludge
Envirex (Chains)
Collection Equipment
olychem (Chains
Section: 11160
Dresser Corporation (Drives)
Falk Corporation (Drives)
11.
Item: Tipping Trough Scum Skimming
Envirex, Inc.
Equipment
Polytech Systems, Inc.
Section: 11171
12.
Item: Circular Secondary Clarifier
Dorr-Oliver EIMCO
Equipment
U.S. Filter
Section: 11190
Walker Process
esTech En ineerin
00450-1
03/30/05\P.\25000\25804 - Ukiah W WTP\AddendaW450 addl.dxVkg
N ui ment Item/Specification Section
13.
Item: Automatic Spray Algae System for
Gill Trading.com, Inc
Circular Tanks
Section: 11195
14.
Item: Ceramic Disc Fine-Bubble Diffusion
anitaire Corporation
Equipment
U.S. Filter
Section: 11236
15.
Item: Chemical Induction Unit
Capital Control
Section: 11260
Wat CF
16.
Item: Rotary Distributor
WesTech Engineering
Section: 11285
17.
Item: Submersible Helical Screw
Ha and Gordon
Centrifugal Pumps
Wemco
Section: 11331
18.
Item: Constant Speed Vertical Turbine
C_Xaidiauks Morse
Pumps
Floway
Section: 11317
19.
Item: Variable Speed Vertical Turbine
Fairbanks Morse
Pumps
oway
Section: 11318
20.
Item: Nonclog Mixed Flow Vertical Column
Ebara
Wastewater Pumps
Fairbanks Morse
Section: 11333
Patterson
21.
Item: Submersible Recessed Impeller
Wemco
Pumps, Severe Duty
Hayward Gordon
Section: 11344
Morris
22.
Item: Submersible Wastewater Pumps for
Fairba Morse
Variable Speed Applications
Section: 11347
Flow Serve
23.
Item: Vertical Constant Speed Nonclog
Vaughan
Centrifugal Chopper Pumps
Section: 11348
24.
Item: Recessed Impeller Pumps, Severe
Wemco
Duty
Ha y ordon
Section: 11355
25.
Item: Horizontal, Constant Speed, End
Ingersol Fand
Suction, Frame Mounted Centrifugal Pump
Section 11359
26.
Item: In-line Centrifugal Pumps
Arm n
Section: 11365
Aurora
Bell & Gossett
27.
Item: Peristaltic Chemical Metering Pumps
Watson-Marlow
Section: 11382
03/30/O5\P.\25000\25804 - Ukiah W WTP1Addenda\00450 addl.doc\lkg
00450-2
Equipment Item/Specification Section
nufacturer
28.
Item: Positive Displacement Rotary Lobe
Vo eisang, USA
Pumps Linear Rotor Type
Boerger
Section: 11385
29.
Item: Trickling Filter Rotary Distributor
Corken International Corporation
Control Air Supply Equipment
Section: 11425
30.
Item: Lubricated Rotary Screw Air
Gardner Denver-Lamson/Hoffman
Compressor
aeser
Section: 11447
Quincy
31.'
Item: Rotary Positive Displacement Blowers
Gardner Denver
Section: 11475
Dresser Roots
32.
Item: Motor Driven Multistage Centrifugal
Gardner Denver-Lamson/Hoffman
Blowers for Variable Volume Aeration Air
Spencer Turbine Company
Service
Section: 11486
33.
Item: Rectangular Dissolved Air Flotation
Westech
Thickener Equipment
Walker Process
Section: 11533
Eimco
US Filter
34.
Item: Draft Tube Mechanical Mixers for
esTech En 'neerin
Anaerobic Digesters
Section: 11580
35.
Item: Polymer Dilution and Feed Equipment
Fluid Dynamics
Section: 11772
36.
Item: Pressurized Bed Filtration System
<:~:7yardney -D
Section: 11830
Lo rest Water Treatment
37.
Item: Aboveground Double-Walled
Containment Solutions, Inc.
Protected Steel Fuel Storage Tanks
Highland Tank
Section: 13210
38.
Item: High-Density Linear Polyethylene
Poly Processing Company
Tanks
Snyder Crown Industries, Inc.
Section: 13217
39.
Item: Pinch Valve Assemblies
EFF Technologies
Section: 15140
40.
Item: Sewage Air Release and Vacuum
V - - at
Relief Valve Assemblies
~QZ
Section: 15151
41.
Item: Electric-Hydraulic Quarter-Turn
Throttling Valve Operator
Rodney unt
Section: 15185 (OPSPEC EHQT)
42.
Item: Electric-Hydraulic Linear Throttling
Trident
Gate Operator
Section: 15185 (OPSPEC EHIL)
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00450-3
Equipment Item/Specification Section
Manufacturer
43.
Item: Pressure and Vacuum Relief Valves
Varec Biogas
Section: 15232
Groth
44.
Item: Waste Gas Burner
Varec Biogas
Section: 15236
Groth
45.
Item: Low Voltage Switchgear
utler- amme
Section: 16310
7eneral Electric
46.
Item: 600 Volt Motor Control Centers
~ utler-H _
Section: 16920
General Electric
**END OF SECTION**
00450-4
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SECTION 00456
NON-COLLUSION AFFIDAVIT
The undersigned states that this Bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly
induced or solicited any other Bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix
the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other Bidder, or to secure any advantage against the public
body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
BID
DE
H. John Janse (Signature) Vice President
June 2. 2005
State of
(Date)
California
Contra ss.
County of Costa )
On June 2, 2005 before me,
Ellen M. Boyd
Notary Public, personally appeared
H. John Jansen
® personally known to me ~rx~~fa~idi to be the
person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me
that he/shethey executed the same in his/lx l r authorized capacity(im), and that by
his/1ibtk signature(a) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
ELLEN M. BOYD
WITNESS my hand and official seal. Commission a 1455437
Notary Public - California
ML'A)nV&01d Contra Costa/County
(seal My Comm. ores Dec 23,2M7
(Signature of Notary Public)
**END OF SECTION"
00456-1
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