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Home My WebLink AboutHerman Weissker Inc. 2011-12-12January 5, 2012 Herman Weissker, Inc. Attn: Mr. Ron Politte 1645 Brown Avenue Riverside, CA 92509 Notice to Proceed- East Clay and South Main Re-Conductoring Specification No. 11-12 Dear Mr. Politte: Enclosed please find a fully executed agreement for your files. By this letter you are authorized to proceed with construction of the project. The work constructed under this project shall be completed within the time allotment identified in Article 1 of the Agreement. As such, all work shall be completed no later than February 29, 2012. The City looks forward to working with you on this project. Please do not hesitate to contact me at (707) 463-6233 if you have any questions. Sincerely„ LA Mary Hi Purcha: enc. cc: JoAnne Currie, City Clerk Cindy Sauers, Project Manager Electric Utility File Purchasing file 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com "-W% ORIGINAL CITY OF I IKIAH Mendocino County, California AGREEMENT FOR EAST CLAY AND SOUTH MAIN RE-CONDUCTORING 2011 Specification No. 11-12 THIS AGREEMENT, made this 12th day of December , 2011, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and HERMAN WEISSKER, INC. hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and accor n tosuch instructions as may be given by the Engineer. The Contractor shall Ve complete the work wiff 44W 455) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer EAST CLAY & SOUTH MAIN RE-CONDUCTORING 37 Spec. No. 11-12 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 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 111. 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 38 Spec. No. 11-12 1 ADDENDUM TO PROPERTY PURCHASE-SALE/ EXCHANGE ANO DEVELOPMENT AGREEMENT AND JOINT ESCROW INSTRUCTIONS, DATED MARCH 25, 2022. Effective on August __, 2022, Section 2.2.5 of the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions ("Agreement"), effective March 25, 2022, by and between David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively "Hull" or Developer"), and the City of Ukiah is hereby augmented as provided in this Addendum. Except as augmented by this Addendum, all other provisions of the Agreement remain unchanged and in full force and effect. RECITALS: 1. Under Section 2.2.5 of the Agreement, Hull agreed to install along the Road a trench and electrical conduit, including placement of splice boxes and box pads for equipment (boxes and box pads provided by the City at City's expense), conduit sweeps to splice box and equipment locations, and related improvements sufficient to house electrical lines and components for residential electrical service to the lots within the Hull Residential Parcels, which, as more particularly described in the Agreement, was collectively defined there as “Electrical Infrastructure,” and which is required to be installed in accordance with City’s Electric Department design standards. Under Section 2.2.6, Hull is required to give the City Electric Department notice that the Electrical Infrastructure has been installed in compliance with the City's duly adopted rules, policies and standards governing its Electric Utility, including, but not limited to, Division 4, Chapter 7, commencing with Section 4000 of the Ukiah City Code defined in the Agreement as "Electrical Utility Requirements") and approval thereof by the City. Under section 2.2.5 of the Agreement, City agreed to provide, at its expense, boxes and box pad and to install at its expense all electrical lines and components (defined in the Agreement as Electrical Utilities”) in and for the Electrical Infrastructure. Except as expressly stated in Section 2.2.5 and in this Addendum, all such improvements are, pursuant to that section, to be installed at Hull’s expense. 2. Hull and the City have agreed to modify the scope of Section 2.2.5 to include installation of an additional 2-inch conduit for the City’s exclusive use and an additional 4-inch spare conduit for the City Electrical Department’s use in providing electrical service to the Hull Residential Parcels and other uses provided any other use does not adversely affect the spare conduit’s use in increasing the reliability of electrical service to the Hull Residential Parcels (collectively, Additional Conduit”). Exhibit 1 contains detailed Electric Department specifications. Provision and installation of box, box pads, and Electrical Utilities (i.e. wire, transformers, splicing, insulation, etc.) for the Additional Conduit shall be at City’s expense. 3. How Hull and the City will share the cost of the purchase and installation of the Additional Conduit is also addressed in this Addendum. AGREEMENT: 23 DocuSign Envelope ID: F6EF617D-CE78-4885-BE7F-776574BB72F4 COU No. 2122-201-A1 2 Based on the foregoing recitals which are incorporated into this Agreement and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Hull and the City hereby agree as follows. 1. In addition to the Road & Development Improvements and Electrical Infrastructure described in Section 2.2.5 of the Agreement, Hull shall arrange for the purchase, trenching, and installation of the Additional Conduit. Hull or his contractor must notify the City Electric Department when the conduit to be installed by Hull is installed and obtain inspection of the work by the Electrical Department prior to filling in the trench for the Electrical Department to confirm that the trenching and installation work has been performed in compliance with Exhibit 1 hereto, Public Utilities Commission General Order 128, and all other Electrical Utility Requirements. Box, box pads, and Electrical Utilities (i.e. wire, transformers, splicing, insulation, etc.) for the Additional Conduit shall be at City’s expense and separate and apart from its share and payment of costs under this Addendum. 2. The City shall pay Hull 40% of the cost of the purchase, trenching, and installation of the Additional Conduit. The cost shall be based on an agreed sum of $108/ lineal foot of trench. As such, the City shall pay Hull the sum equal to $43.20/lineal foot of trench in which the Additional Conduit is installed regardless of whether the actual cost/lineal foot is greater or less than $108. This share of cost constitutes the only financial responsibility of the City for the Additional Conduit added to Section 2.2.5 by this Addendum. 3. Hull’s installation of the portion of the Electrical Infrastructure and Additional Conduit for which Hull is responsible shall fully comply with the specifications attached hereto as Exhibit 1, Public Utilities Commission General Order 128, and all other Electrical Utility Requirements. 4. The City’s share of costs shall be paid as follows: (1) a down payment of $34,560, representing approximately 20% of the parties’ estimate of total City costs at 4,000 lineal feet of trench; and, (2) the balance shall be billed and paid by the City as invoiced by Hull. Hull may invoice City as segments of the Additional Conduit are installed. Payment shall be made based on the number of lineal feet of Additional Conduit installed under the invoice multiplied by 43.20. Payment is due and payable to Hull within ten (10) days of invoicing. City may confirm final measurement of invoiced segments between the date of invoicing and the date payment is due. WHEREFORE, this Addendum is effective on the date first stated above. CITY OF UKIAH DAVID J. HULL, Individually, as Trustee of the DAVID J. HULL LIVING TRUST, and as managing member of D&J By: __________________ INVESTMENTS, LLC Sage Sangiacomo, City Manager By: _________________________ David J. Hull ATTEST: DocuSign Envelope ID: F6EF617D-CE78-4885-BE7F-776574BB72F4 3 Kristine Lawler, City Clerk DocuSign Envelope ID: F6EF617D-CE78-4885-BE7F-776574BB72F4 Certificate Of Completion Envelope Id: F6EF617DCE784885BE7F776574BB72F4 Status: Completed Subject: Kindly review and sign this document Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 InfoTrack SignIT AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Level 8, 135 King Street Sydney, NSW 2000 esigning@infotrack.com IP Address: 54.82.26.167 Record Tracking Status: Original 8/23/2022 1:49:57 PM Holder: InfoTrack SignIT esigning@infotrack.com Location: DocuSign Signer Events Signature Timestamp David Hull davehullins@gmail.com Security Level: Email ID: 8881f0f6-a024-4ec6-8b62-60315aca7190 8/23/2022 1:51:57 PM Signature Adoption: Drawn on Device Using IP Address: 107.127.14.98 Signed using mobile Sent: 8/23/2022 1:49:57 PM Viewed: 8/23/2022 1:52:07 PM Signed: 8/23/2022 1:52:25 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 1:52:07 PM ID: c5cd9578-0018-4507-b42f-30121ffa02bc Kristine Lawler klawler@cityofukiah.com Security Level: Email ID: 2eea3d1a-8277-4bc7-917a-43c5e4218af6 8/23/2022 5:42:30 PM Signature Adoption: Drawn on Device Using IP Address: 76.132.236.107 Signed using mobile Sent: 8/23/2022 1:49:57 PM Viewed: 8/23/2022 5:42:38 PM Signed: 8/23/2022 5:43:07 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 5:42:38 PM ID: 8a13c541-5b52-40fe-99a9-d2dac183c174 Sage Sangiacomo ssangiacomo@cityofukiah.com Security Level: Email ID: 9352b287-0808-405e-8bfe-4f5fa6a8b6cf 8/23/2022 4:08:44 PM Signature Adoption: Pre-selected Style Using IP Address: 12.12.163.2 Sent: 8/23/2022 1:49:57 PM Viewed: 8/23/2022 4:08:53 PM Signed: 8/23/2022 5:22:36 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 4:08:53 PM ID: 94705da9-97cf-497d-9711-e07f5b33e59d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/23/2022 1:49:58 PM Certified Delivered Security Checked 8/23/2022 4:08:53 PM Signing Complete Security Checked 8/23/2022 5:22:36 PM Completed Security Checked 8/23/2022 5:43:07 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, InfoTrackUS (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non- compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti- discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 39 Spec. No. 11-12 The "FaiEmployment Practices Cerofiiativn" must be completed and Signepiotthetmofkij d ro submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office thisday of 20 1'J . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: f XOYY MANAGER, CITY OF UKIAH Attest: CITY CLERK, CITY OF UKIAH �c lar. By; Ron Politte, President CONTRACTOR Henan Weissker, Inc. Attest: Title: Diann Fields, Assistant Secretary The foregoing contract is approved as rm and legality this day of A � `°' 20' 9 — 4\ CITY ATtOftEY, CIITYOKIH EAST CLAY & SOUTH MAIN RE-CONDUCTORING 40 Spec. No. 11-12 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on December 12, 2011, by and between the City of Ukiah (Ukiah) and HERMAN WEISSKER, INC. (Contractor). Contractor is performing the East Clay and South Main Re-Conductoring, Specification 11-12 for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR Herman Weissker, Inc. BY: -2u, k TITLE: Ron Politte, President EAST CLAY & SOUTH MAIN RE-CONDUCTORING 41 Spec. No. 11-12 CITY OF UKIAH Mendocino County, California Bond #7626919 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Herman Weissker, Inc. AS PRINCIPAL, and Fidelity and Deposit Company of Maryland AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of two hundred ninety two thousand, two hundred thirty seven dollars ($ 292, 237 . 00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated Dec. 12 , 20 11 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 16th day of December ,20 11 In the presence of: WITNESS: Not Applicable Not Applicable (SEAL) (Individual Principal) Not Applicable (Business Address) Not Applicable (City/State/Zip Code) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 42 Spec. No. 11-12 WITNESS: Mike Nbndon ATTEST: Not Applicable ATTEST: (SEAL) (Corporate cipal) Ron Politte, President 1645 Brown Ave. (Business Address) Riverside, CA 92509 (City/State/Zip Code) Not Applicable (Corporate Principal) Affix Corporate Seal Not Applicable (Business Address) N[nt A-nnl i Kahle (City/State/Zip Code) .. i l r �L -i Affix ktl� Cristin Nolette (Corporate Surety) Corporate Attorney -in -Fact Seal Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, #3900 (Business Address) Los Angeles, CA 90017 (City/State/Zip Code) The rate of premium on this bond is $ 12-50 The total amount of premium charges is $ 3 , 6 5 3 . 0 0 per thousand. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, Diann Fields certify that I am the Assistant Secretary of the corporation named as Principal in the foregoing bond; that Ron o 1tte who signed the said bond on behalf of the Principal, was then President of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal EAST CLAY & SOUTH MAIN RE-CONDUCTORING 43 Spec. No. 11-12 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of December , 2011 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Copj�y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat,Q h , @ bes--hereby nominate, constitute and appoint Cristin NOLETTE, of Irvine, California, itst�}ulgan �iey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a -its. c e a X rrd,kap' A9nd undertakings, and the execution of such bonds or undertakings in pursuance Biuetsre ents�1� s nig upon said Company, as fully and amply, to all intents and purposes, as kdd*� h ly le e a Edi f� rrowledged by the regularly elected officers of the Company at its office in i a t'. ci s ` d o t}h c� ,�.;�,, j J 6apg por§t5ns. This power of attorney revokes that issued on behalf of Cristin N �C ateI be obg 1 �� The said Assistant 5 �cretary,.doesy i'# certify -that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- xvs'o�sa\Company, and is now in force. IN WITNESS WH�REOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of June, A.D. 2009. ATTEST: 'gyp DEPOS _ O P �'4wpe17* State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By. William J. Mills Vice President On this 24th day of June, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 POA -F 012-0093D itc�y,�'.,cV Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 POA -F 012-0093D State of California County of Orange On _December 16, 2011 before me, Suzan M. Martinez, Notary Public NAME personally appeared _Cristin Nolette NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature SUZAN M. MARTINEZ on the instrument the person, or the entity upon behalf of Commission # 1794545 which the person acted, executed the instrument. NotarV Public - California Z Orange county I, certify under PENALTY OF PERJURY under the laws of C E�lros 29, 2012 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AX (SIGNATURE OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattaclunent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER T,,I`I{LE OR TYPE OF DOCUMENT TITLES) ----------------------------------- ❑ PARTNER(S) ❑ LIMITED / ❑ GENERAL �' NUMBER OF PAGES F] ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER // SIGNER IS REPR NAME OF PERSON(S) DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE State of California County of (L,vrcR Sivie CIVIL CODE § 1189 On Av&cMe�9K- 2o,g-tt before me, RowP, M ke-A eF NsR*� o�� N�� evat. C, Date Here Insert Name and Title of theI Officer personally appeared ROWENA MARIE HERNANDEZ Commission # 1817433 Notary Public - California i Z ' Riverside County My Comm. Expires Oct 13, 2012 Roty Po t.%Tw Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose nameQ4 is/are subscribed to the within instrument and acknowledged to me that he/sheft4ey executed the same in his/kiertl-iek authorized capacity", and that by his/4e4thei4: signature% on the instrument the person%), or the entity upon behalf of which the persona) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Signature of Notary PuT3Tfc-, -,—`- OPTIONAL Though the information 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. Description of Attached Document Title or Type of Document: TihA-MNL- Pi'eR¢v f--mk 61; So t -J D - BOND i4l ":Ib26q t `1 Document Date: ft&c- III- ,'L�vX t Number of Pages: Signer(s) Other Than Named Above: Ivo y ltelr- S trqNV-t-s Capacity(ies) Claimed by Signer(s) Signer's Name: lzor► fot,tt* Signer's Name: X Corporate Officer — Title(s): 11Corporate Officer — Title(s): ElIndividual ElPartner — 11Limited 11General Top of thumb here ElAttorney in Fact 11Trustee ElGuardian or Conservator ❑ Other: Signer Is Representing: tt�P-t�ltrl w� I55Y�i•, t n(G ❑ Individual ❑ Partner — El Limited 11 General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND Bond #7626919 KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Herman Weissker, Inc. PRINC�1M, and Fixe ity and Deposit Company of Maryland AS AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of dollars ($ 292,237.00 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated December 12 2011 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may.incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 16 t h day of December X20 11 In the presence of: WITNESS: Not Applicable Not Applicable (SEAL) (Individual Principal) Not APWiG;;b1tQ (Business ddress Not Applicable (City/State/Zip Code) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 44 Spec. No. 11-12 WITNESS: Mike l bndon ATTEST: Not Applicable ATTEST: 4"", 9 (SEAL.) (Corporate Principa) Ron Politte, President 1645 Brown Ave. (Business Address) Riverside, CA 92509 (City/State/Zip Code) Not Applicable (Corporate Principal) Affix Corporate Not Applicable Seal (Business Address) Not Applicable (City/State/Zip Code) Affix Cristin Nolette (Corporate Surety) Corporate Attorney -in -Fact Seal Fidelity and Depsoit Company of Maryland (Business Address) 777 S. Figueroa St., Suite 3900 Los Angeles, CA 92805 (City/State/Zip Code) The rate of premium on this bond is $ 12 . 5 0 The total amount of premium charges is $ 3 6 5 3 . 0 0 per thousand. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, Diann Fields , certify that I am the Assistant Secretary of the corporation named as Principal in the foregoing bond; that Ron Politte , who signed the said bond on behalf of the Principal, was then President of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. 1 f Affix Corporate Seal EAST CLAY & SOUTH MAIN RE-CONDUCTORING 45 Spec. No. 11-12 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of December , 2011 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Comp ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dale Itee �fy `b&s-hereby nominate, constitute and appoint Cristin NOLETTE, of Irvine, California, itsavuli an5iey-in-Fact, to make, execute seal and deliver, for and on its behalf as surety and„� itscft�c� �:� wand undertakings, and +est "Y; ��fl�,@ g� the execution of such bonds or undertakings in purl nc q Yee pre�ent tC upon said Company, as fully and amply, to all intents and purposes, asteadly tele f"l_Ith,�eo ledged by the regularly elected officers of the Company at its office in W '4 ,.fit �l , do the q�pe porins. This power of attorney revokes that issued on behalf of Cristin NQL �ate'd:Oct�obe 1j ; The said Assistant cietai.does;r eertlfy that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -La_ aCopariy, and is now in force. v: IN WITNESS WIfE�REOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of June, A.D. 2009. ATTEST: 'gyp DEPOg�t � rcAt'Ojvf r D p ww� 3 W � State of Maryland . ss. City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: William J. Mills Vice President On this 24th day of June, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 PDXF 012-0093D 004� Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 PDXF 012-0093D State of County of California Orange On _December 16, 2011 before me, Suzan M. Martinez, Notary Public NAME personally appeared _Cristin Nolette NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the Commission in her authorized capacity, and that by her signature C® SUZ is M. MARTINEZaion # 1794545 on the instrument the person, or the entity upon behalf of Notary Public - California = which the person acted, executed the instrument. ' orange County Comm, Mar29,2012 I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SIGNATURE OF TARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER n INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ El LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER I�S'REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Rt"iEIZ-5t ae CIVIL CODE § 1189 On Kcen6lef=- before me, --je"P N"#,Ms , NoTft�6-\f pvgt �c Date Here Insert Name and Title of the Officer personally appeared 'R -°N Po\_i-XM Name(s) of Signer(s) ROWENA MARIE HERNANDEZ Commission # 1317433 Notary Public - California z Z Riverside County My Comm. Ex fres Oct 13, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(( whose nameK is/afe subscribed to the within instrument and acknowledged to me that he/se* executed the same in his/heft 6r- authorized capacity(.ie_}, and that by his/"^iT signature(N on the instrument the personX, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Signature of Notary Public OPTIONAL Though the information 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. Description of Attached Document Title or Type of Document: Document Date: «— Number of Pages: Signer(s) Other Than Named Above: 0111cK— 5 t4ns+�F-S Capacity(ies) Claimed by Signer(s) Signer's Name: f_.tj Signer's Name: Corporate Officer — Title(s): P(-Ai�5 t PS - 1-r ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1}1-5e-MA�.I V�1S iSS4!�� j i tJ G ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing @2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Client#: 6607 HERMWEIS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DAT12/15/2011) INSR LTR DD' NSR PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Insurance Center Lic #OB29370 949-417-9175 Suzan 19000 MacArthur Blvd. PH Floor ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC # INSURED Herman Weissker, Inc. 1645 Brown Ave INSURER A: Ins. Co. State of Penn INSURER B: National Union Fire of PA INSURER C: Riverside, CA 92509 INSURER D: INSURER E: Spec4 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR -TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY GL4871234 10/31/11 10/31/12 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DDAMPREIAGE TO RENTED Occurrence)ISE.; fEa $100.000 MED EXP (Any one person) $5,000 CLAIMS MADE 51OCCUR PERSONAL & ADV INJURY $110001000 X BFPD/XCU X I Contractual Liab GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JE � LOC SIR $50,000 A AUTOMOBILE LIABILITY X ANYAUTO CA1707424 10/31/11 10/31/12 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY $ (Per accident) X Drive Other Car Ix Comp/Coll Ded. $1,000 2006 & newer PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY X OCCUR FICLAIMS MADE BE86308545 10/31/11 10/31/12 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 $ $ DEDUCTIBLE X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND WCO20635779 10/31/11 10/31/12 X I WC STATU- OTH- FR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE S1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE- POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: HWI #1110-12-0004, Specification 11-12. The City of Ukiah, its officers, officials, employees and volunteers are included as an additional insured on the General Liability and Automobile Liability policies per the attached endorsement(s). General Liability and Automobile Liability policies are primary and non-contributory per the attached (See Attached Descriptions) v�r�rrrn.r�IQ ___ %,AIVI, r_LLAIIUIV IU UBVS TOT IVOn-NAVniPrlt City of Ukiah Department of Electric Utility 411 West Clay Street Ukiah, CA 95482-5400 ACORD 25 (2001/08) 1 of 3 #S194857/M166691 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL MAIL 'In DAYS WRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XX3t99l K AUTHORIZED REPRESENTA T1 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGURD 25-3 (20UMB) 2 of 3 #S194857/M166691 DESCRIPTIONS (Continued from Page 1) endorsement(s). Waivers of Subrogation apply to General Liability, Automobile Liability and Workers Compensation policies per the attached endorsement(s). A.00 9C 7 ,.fMnw,ne. ...... .....v l�vv..vv� V VIJ IfJ 1.7YVJ//IYIIVVV`JI POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL4871234 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) Or Organization (s): Locations Of Covered Operations The City of Ukiah, its officers, officials, employees and volunteers Re: HWI #1110-12-0004, Specification 11-12. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in 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 location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the 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 10 07 04 © ISO Properties, Inc., 2004 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL4871234 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 Descri tion Of Completed O erations The City of Ukiah, its officers, officials, Re: HWI #1110-12-0004, Specification 11-12. employees and 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 THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M., Oct. 31, 2010 forms part of Policy No. GL4871234 issued to Herman Weissker, Inc. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONALS — ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Person or Organization The City of Ukiah, its officers, officials, Re: HWI #1110-12-0004, Specification 11-12. employees and volunteers The following paragraph is added to SECTION II — WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; b) "your work" performed for the additional insureds and included in the "products - completed operations hazard: The insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. _ AWL4 1�a66itt Authorized Representative 90533 (3/06) Policy # GL4871234 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Ukiah, its officers, officials, Re: HWI #1110-12-0004, Specification 11-12. employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 Policy: CAI 707424 Commercial Auto THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REEAD IT CAREFULLY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Person or Organization The City of Ukiah, its officers, officials, employees Re: HWI #1110-12-0004, Specification 11 - and volunteers 12 We waive any right of recovery we may have against the person or organization shown in the Schedule because of payment we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the persons or organization shown in the Schedule. WHO IS AN INSURED (section 11) is amended to include as an insured person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto'. The insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. Workers Compensation and Employers Liability Insurance Policy Policy Number: WCO20635779 Policy Period: 10/31/11 to 10/31/12 Insured: Herman Weissker, Inc. The information above is required only when this endorsement is issued subsequently to preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the total estimated workers' compensation premium for this policy. Schedule Person or Organization The City of Ukiah, its officers, officials, Re: HWI #1110-12-0004, Specification 11-12. employees and volunteers This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Producer: Edgewood Partners Insurance Center WC040361 (Ed. 11-90) CliPnt#• RRA7 -------... ---• n�KMVVtIJ ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D LTR 12/15/2011) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Insurance Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic #OB29370 949-417-9175 Suzan HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19000 MacArthur Blvd. PH Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Irvine, CA 92612 INSURED Herman Weissker, Inc. INSURER A: Zurich American Insurance Co. INSURER B: 1645 Brown Ave INSURER C: Riverside, CA 92509 INSURER D: rnvocnr_oe INSURER E: Prop THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN RDD' LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DAMAGE TO RENTED MI c RENTED c S MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS -COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION ANDWC EMPLOYERS' LIABILITY STATU- OTH- S4BYJ.Ily1ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT S $7,129,079 BLANKET $250,000 Per item/piece $250,000 Per item/piece A SPECIAL PROVISIONS below OTHER prop/IM Inc. Scheduled Equipment CPP98268270 Unscheduled, New 10/31/11 Leased or 10/31/12 Rented DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: HWI #1110-12-0004, Specification 11-12. The City of Ukiah, its officers, officials, employees and volunteers are included as Loss Payee per the attached endorsement. /^COTILI/I�T� ulll nen _ City of Ukiah Department of Electric Utility 411 West Clay Street Ukiah, CA 95482-5400 ACORD 25 (2001/08) 1 of 2 #S194875/M162613 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL RR91X Itjjgk MAIL _30DAYS WRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,j@j(j'(j j( AUTHORIZED F T1 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ^�� k—"—' Z orc ?F51V4t$/0/M1bLb13 POLICY NUMBER: COMMERCIAL PROPERTY CPP98268270 CP 12 18 06 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS' RISK COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE The City of Ukiah, its officers, officials, employees and volunteers Re: HWI #1110-12-0004, Specification 11-12. Information required to complete this Schedule if not shown above will be shown in the Declarations A. When this endorsement is attached to the Standard Property Policy CP 00 99, the term Coverage Part in this endorsement is replaced by the term Policy. B. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any Loss Payee more than their financial interest in the Covered Property, and we will not pay more than the applicable Limit of Insurance on the Covered Property. The following is added to the Loss Payment Loss Condition, as indicated in the Declarations or in the Schedule: C. Loss Payable Clause For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest, we will: 1. Adjust losses with you; and 2. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. D. Lender's Loss Payable Clause 1. The Loss Payee shown in the Schedule or in the Declarations is a creditor, including a mortgageholder or trustee, whose interest in Covered Property is established by such written instruments as: a. Warehouse receipts; b. A contract for deed; c. Bills of lading; d. Financing statements; or e. Mortgages, deeds of trust, or security agreements. 2. For Covered Property in which both you and a Loss Payee have an insurable interest: a. We will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. b. The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. c. If we deny your claim because of your acts or because you have failed to comply with the terms of the Coverage Part, the Loss Payee will still have the right to receive loss payment if the Loss Payee: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. d. If we pay the Loss Payee for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The Loss Payee's rights will be transferred to us to the extent of the amount we pay; and (2) The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. 3. If we cancel this policy, we will give written notice to the Loss Payee at least: a. 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 4. If we elect not to renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. E. Contract Of Sale Clause 1. The Loss Payee shown in the Schedule or in the Declarations is a person or organization you have entered a contract with for the sale of Covered Property. 2. For Covered Property in which both you and the Loss Payee have an insurable interest we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. 3. The following is added to the Other Insurance Condition: For Covered Property that is the subject of a contract of sale, the word "you" includes the Loss Payee. F. Building Owner Loss Payable Clause 1. The Loss Payee shown in the Schedule or in the Declarations is the owner of the described building, in which you are a tenant. 2. We will adjust losses to the described building with the Loss Payee. Any loss payment made to the Loss Payee will satisfy your claims against us for the owner's property. 3. We will adjust losses to tenants' improvements and betterments with you, unless the lease provides otherwise. © ISO Properties, Inc. Client#: 6607 UCOAA%A/CIG ACORU., CERTIFICATE OF LIABILITY INSURANCE DATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 12/16/2011) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Ins. Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#OB29370 949-417-9175 Suzan HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd. Penthse FI. Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American Zurich Ins. Co. Herman Weissker, Inc. INSURER B:INSURER 1645 Brown Ave C: Riverside, CA 92509 INSURER D: INSURER E: BPP OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RDD' LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES e $ MED EXP (Any one person) $ CLAIMS MADE D OCCUR PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY I j JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1 $ SPECIAL PROVISIONS below A OTHER Builders BR70763208 12/15/11 12/15/12 $293,000.00 Building Risk $1,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 438BFU Re: HWI #1110-12-0004, Specification 11-12. The City of Ukiah, its officers, officials, employees and volunteers are included as Loss Payee per the attached endorsement. City of Ukiah Department of Electric Utility 411 West Clay Street Ukiah, CA 95482-5400 ACORD 25 (2001/08) 1 of 2 #S194916/M194913 ru SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL jtljlj j Rj[gk MAIL _30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,jQjj]jj )( AUTHORIZED REPRESENTATIVE 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Amnon -Jr a i')nnlMo --- ••--i vc tto l V4yl OnVI l V4V 13 Form 438BFU (Rev. May 1, 1942) S.F. FORM LENDERS LOSS PAYABLE ENDORSEMENT 1. Loss or damage, if any, under this policy shall be paid to Citv of Ukiah its successors and assigns, hereinafter referred to as "the Lender," in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undis- closed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this policy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the subject of the insurance or the in- terest therein, or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of notice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this policy, including any and all riders now or hereafter attached thereto, by the named insured, the borrower, mortgagor, trustor, vendee, owner, tenant, warehouseman, custodian, occupant, or by the agents of either or any of them or by the happening of any event permitted by them or either of them, or their agents, or which they failed to pre- vent, whether occurring before or after the attachment of this endorsement, or whether before or after a loss, which under the provisions of this policy of insurance or of any rider or endorsement attached thereto would invalidate or suspend the insurance as to the named insured, excluding herefrom, however, any acts or omis- sions of the Lender while exercising active control and management of the property. 3. In the event of failure of the insured to pay any premium or additional premium which shall be or become due under the terms of this policy or on account of any change in occupancy or increase in hazard not permitted by this policy, this Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and within one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the insured to pay such premium shall pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefor. If the Lender shall de- cline to pay said premium or additional premium, the rights of the Lender under this Lender's Loss Payable Endorsement shall not be terminated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum for loss or damage under this policy and shall claim that as to the insured no liability therefor exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to the extent of such payment, shall thereupon receive a full assignment and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. 5. If there be any other insurance upon the within described property, this Company shall be liable under this policy as to the Lender for the proportion of such loss or damage that the sum hereby insured bears to the en- tire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in any Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified, and also any Contribution Clause in any other endorsement or rider attached to this contract of insurance is hereby nullified except Con- tribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insuring such other hazards. The Lender upon the payment to it of the full amount of its claim, will subrogate this Company (pro rata with all other insurers contributing to said payment) to all of the Lender's rights of contribution under said other insurance. S. This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such can- cellation is received by the Lender and shall then cease. Page 1 of 2 Form 438BFU (Rev. May 1, 1942) S.F. FORM (Cont'd) 7. This policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after its expiration unless an acceptable policy in renewal thereof with loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by some in- surance company and accepted by the Lender. 8. Should legal title to and beneficial ownership of any of the property covered under this policy become vested in the Lender or its agents, insurance under this policy shall continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insured under the terms and conditions of this policy and/or under other riders or endorse- ments attached thereto shall not apply to the insurance hereunder as respects such property. 9. All notices herein provided to be given by the Company to the Lender in connection with this policy and this Lender's Loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch at 411 West Cl ay Street, Ukiah, CA 95482 or, if none be specified, at its head office at Attached to Policy No. BR70763208 of American Zurich Insurance Company Issued to Herman Weissker, Inc. Agency at EDGEWOOD PARTNERS INSURANCE CENTER Date 12/15/2011 Approved: Board of Fire Underwriters of the Pacific, �41� ( t California Bankers' Association, - Committee on Insurance. Agent. t Page 2 of 2 December 12, 2011 Herman Weissker, Inc. Attn: Mr. Ron Politte 1645 Brown Avenue Riverside, CA 92509 RE: Notice of Award — East Clay and South Main Re-Conductoring Specification No. 11-12 Dear Mr. Politte: Thank you for submitting a bid for the subject project. At their regular meeting of December 7, 2011, the Ukiah City Council awarded a unit price contract to your firm in the amount of $292,237.00. Enclosed please find two copies of the agreement for your signature. I have also enclosed copies of the Faithful Performance Bond, the Material and Labor Bond, and the Defective Material and Workmanship (Maintenance) Bond. Please provide insurance documents, sign the agreements where indicated and return both copies along with the executed bonds, all within 15 days of this notice of award. A fully executed agreement will be returned for your files. Also included (separately bound) are 3 sets of the original specifications for your use. Thank you for your immediate attention to these documents. We look forward to working with you on this project. Please do not hesitate to contact me at (707) 463-6233 if you have further questions. Sincerely, enc. cc: JoAnne Currie, City Clerk Cindy Sauers; Project Manager Electric Utility File Purchasing file 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone## 707/463-6200 Fax## 707/463-6204 Web Address: www,cityofukiah.com CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR EAST CLAY AND SOUTH MAIN RE-CONDUCTORING SPECIFICATION NO. 11-12 CITY OF UKIAH DEPARTMENT OF ELECTRIC UTILITY 411 West Clay Street Ukiah, California 95482-5400 Mandatory Pre -Bid Meeting: Tuesday, October 25, 2011, 11:00 a.m. Civic Center Annex, Conference Room 5 411 West Clay Street Ukiah, CA 95482 Bids Open: 2:00 p.m., Monday November 14th, 2011 Office of City Clerk 411 WEST STREET UKIAH, c 95482 EAST CLAY AND SOUTH MAIN RE-CONDUCTORING SPEC. NO. 11-12 Addendum No. 1 October 13, 2011 The following is Addendum No. 1 to EAST CLAY AND SOUTH MAIN RE-CONDUCTORING, SPECIFICATION 11-12. IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. CHANGES TO SPECIAL PROVISIONS General Conditions Section 12, Technical Specifications, General Information: Subsection 12- 02. Examination of Site, the following sentence has been changed: "The meeting will be conducted on Tuesday, October 25, 2011 at 11:00 a.m., at the Ukiah Civic Center Annex, Conference Room 5, 411 West Clay Street, Ukiah, California." All other terms and conditions remain in full force and effect. ACKNOWLEDGMENT I hereby acknowledge that I have received this Addendum No. 1 and have reviewed and considered it before submitting my bid. Signed: Company Name: Date: Page 1 of 1 Addendum 1 dated 10/13/11 411 W UKLAg EAST CLAY AND SOUTH MAIN RE-CONDUCTORING SPEC. NO. 11-12 Addendum No. 2 October 27, 2011 The following is Addendum No. 2 to EAST CLAY AND SOUTH MAIN RE-CONDUCTORING, SPECIFICATION 11-12. IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST. BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. CLARIFICATIONS AND CHANGES 1. The City will recognize reasonable delays due to inclement weather. 2. Pole l OMAINS 10 will be required to be worked on either during the night or weekend. 3. Concrete Work. As specified in section 13-03, contractor will be responsible for concrete work. Concrete work to be performed per drawing #102, copy of which is attached. 4. Tree trimming. City will be responsible for all necessary tree trimming. 5. Traffic control — responsibility of the contractor. 6. Streetlights — all streetlights are to be transferred onto the new poles. 7. Material disposal — contractor will be responsible for disposal of all materials, except wire transformers 8. Drawings state that pole 14CLYSE03 is to be moved 15' west of existing. This is incorrect, pole 14CLYSE02 is to be moved 15' west 9. Note that concrete for the new pole 14MAINS02 and anchor will be the responsibility of the contractor. 10. There is no work to be done on pole l OMAINN03. and conditions remain in full force and effect. I hereby acknowledge that I have received this Addendum No. 2 and have reviewed and considered it before submitting my bid. Signed: Company Name: Date: Page 1 of 1 Addendum 2 dated 10/27/11 ' Y SIDEWALK .AND CURB AND GUTTER SECTION WIDTH PER ARTICLE 5, CHAPTER 1, ONISION 9 OF THE CITY CODE CURB AND SIDEWALK 3 4" CONCRETE i SHALL NOT BE POURED MONOLITHIC v� 1/4" PfR FOOT ---� 16" MIN —r I 3" CLASS 2 AGGREGATE BASES%%;� .. .. 3" CLASS 2 AGGREGATE BASE CURB AND GUTTER SECTION 26' 6" 18 1" BATTER a, `7�2. 1r 1/2 1" BATTER 1• R=1/2" So CURB TO BE BACKFILLED WITHIN 14 DAYS DRIVEWAY APPROACH SECTION s U 0' CONCRETE FOR ALL DRIVEWAY APPROACHES R- I _ tN• 0_RMAL S1W !If -LER-LOOT 31T MIN. 18! MIN 5/8' MAX. ° Y n .° 6 R- 1". ° 3" CLASS 2 AGGREGATE BASE 3' CLASS 2 AGGREGATE BASE TOP OF CURB • a .G EXPANSION JOINT FOR REPAIR OR REPLACEMENT OF CURB AND GUTTER, SAW CUT EXISTING ASPHALT MIN. 18" FROM LIP OF GUTTER IN ORDER TO ALLOW FOR ADEQUATE COMPACTION OF AGGREGATE BASE. PAVEMENT: TYPE B— 1/2 MEDIUM ASPHALT CONCRETE; THICKNESS = THE EXISTING AC SECTION PLUS 1", OR 3" WHICHEVER IS GREATER. BASE ROCK: CLASS 2 AGGREGATE BASE, THICKNESS TO MATCH EXISTING OR 6 WHICHEVER IS GREATER. DRIVEWAY APPROACH ELEVATION 2.5' BEGIN CURB TRANSITION �W. IABLE R RESIDENTIAL �d e e d. •° •a a - SYMMETRICAL ABOUT CL TES: • EXPANSION JOINTS AT EACH SIDE OF DRIVEWAY APPROACH. SEE STD. DRWG. NO. 101. • USE CLASS B CONCRETE (5 SACK MIX) MINIMUM. • CURB AND GUTTER SHALL NOT BE POURED MONOLITHIC WITH SIDEWALK FLOWUNE • FOR DRIVEWAY APPROACH OR CURB AND GUTTER CONSTRUCTION CITY O UKIAH ADJACENT TO STREET AREAS WITH EXISTING ASPHALT, CONTRACTOR SHALL SAW CUT EXISTING A.C. 18" FROM LIP OF GUTTER. • DRIVEWAY APPROACH AND GUTTER SECTION MAY BE POURED MONOLITHIC. SIDEWALK, CURB AND GUTTER, AND •AGGREGATE BASE SHALL BE COMPACTED TO A MINIMUM OF DRIVEWAY APPROACH DETAILS 9957.Z RELATIVE COMPACTION, 6cALE: NONE PJA APPRO : Zl c i DATE: 1/98 REVISED: LJyy2 EAST CLAY AND SOUTH MAIN RE-CONDUCTORING SPEC. NO. 11-12 Addendum No. 3 November 2, 2011 The following is Addendum No. 3 to EAST CLAY AND SOUTH MAIN RE-CONDUCTORING, SPECIFICATION 11-12. IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. Disposal of Treated Wood Waste Disposal of all treated wood waste is the responsibility of the contractor. Disposal shall be compliant to California Hazardous Waste Control Law. Attached is a 4 -page fact sheet by the California Department of Toxic Substances Control law, as well as a list of the Regional Water Quality Control Board (RWQCB) Approved Treated Wood Waste Landfills (3 -pages) as of April 2011. All o er terms and conditions remain in full force and effect. ?Ma geracing S perv'sor ACKNOWLEDGMENT I hereby acknowledge that I have received this Addendum No. 3 and have reviewed and considered it before submitting my bid. Signed: Company Name: Date: Page 1 of 1 Addendum 3 dated 11/2/11 Fact Sheet, December 2008 Requirements for Generators of Treated Wood Waste (TWW) What is Treated Wood Waste (TWW)? TWW is wood commonly used in ground or water contact applications that has been removed from service. This wood is typically treated with preserving chemicals that protect the wood from insect attack and fungal decay during its use. Examples include fence posts, sill plates, landscape timbers, pilings, guardrails, and decking. What are the Health and Environmental Hazards? TWW contains hazardous chemicals that pose a risk to human health and the environment. Arsenic, chromium, copper, creosote, and pentachlorophenol are among the chemicals added to preserve wood. These chemicals are known to be toxic or carcinogenic. Harmful exposure to these chemicals may result from dermal contact with TWW, or from inhalation or ingestion of TWW particulate (e.g., sawdust and smoke). What are the Hazardous Waste/Alternative Management Standards (AMS)? Because TWW contains hazardous chemicals, at elevated levels, it is subject to California's Hazardous Waste Control Law. The Department of Toxic Substances Control (DTSC) has developed alternative management standards (AMS) for TWW that are based upon full hazardous waste requirements but are adjusted for the unique circumstances associated with TWW. The AMS is in California Code Regulations (Cal. Code Regs.) title 22, division 4.5, chapter 34. In summary, AMS lessen storage requirements, extend accumulation periods, allow shipments without a hazardous waste manifest and a hazardous waste hauler, and allow disposal at specific non -hazardous waste landfills. The AMS simplify and facilitate the safe and economical disposal of TWW. (Note -TWW that is removed from utility services or is a RCRA hazardous waste is not eligible for AMS.) What are the Handling and Disposal Requirements for TWW? The AMS, which went into effect on July 1, 2007, are intended to ease regulatory burdens. Although hazardous waste generators are required to properly classify their waste through knowledge or laboratory analysis, generators of TWW can presume their TWW is hazardous waste and avoid expensive laboratory testing. Generators can then manage their waste in accordance with the AMS, including disposal at certain non- hazardous waste landfills. Upon acceptance at these certain landfills, the TWW, at that point, becomes non -hazardous waste pursuant to Health and Safety Code section 25150.8. Specific generator requirements for households, small business, and all others are presented in the following sections: fi Households. Households typically generate TWW when a fence or deck is replaced. Under AMS, households must: 1. Keep TWW segregated from other materials. 2. Store less than 1,000 pounds of TWW for no more than 30 days following its removal from use. 3. Transport TWW to an authorized TWW facility. If the TWW is going to a Household Hazardous Waste (HHW) Collection Center, call and confirm the acceptance of TWW (not all HHW Collection Centers handle treated wood waste or can only collect limited amounts). 4. Identify TWW to TWW facility personnel. It is important to note that the AMS also prohibit TWW from being burned, chipped, ground, or mulched. TWW stored for more than 30 days would invoke additional requirements on households that apply to businesses. Businesses generating TWW incidental to the normal course of business. Incidental generation occurs when a business generates TWW as a result of activities not associated with the business's core operation. For example, a retail store, a doctor's office, or an auto body repair shop might generate TWW when repairing or replacing signage or fencing at their place of business. This TWW is considered "incidentally generated" because these businesses are not routinely involved in construction, demolition, or other activities that involve treated wood. Under AMS, businesses that "incidentally" generate TWW can generally comply with handling and disposal requirements by: 1. Keeping TWW segregated from other materials. 2. Labeling all TWW bundle/shipments with the following information. TREATED WOOD WASTE —Do not burn or scavenge. TWW Handler Name: Address: Accumulation Date: 3. Storing no more than 1,000 pounds of TWW for no longer than 30 days. Incidental generators who store TWW for more than 30 days are subject to the additional requirements for businesses that are routine generators of TWW. 4. Transporting TWW to an authorized TWW facility. 5. Identifying TWW to TWW facility personnel. Businesses generating TWW during the normal course of business. Businesses that generate, handle, or accumulate more than 1,000 pounds of TWW in 30 days engaged in activities expected to routinely generate or handle TWW, such as, construction/demolition contractors, and business and homeowners generating large quantities (i.e., accumulating more than 1,000 pounds in 30 days) must meet the requirements listed below. In complying with the TWW AMS, these businesses will minimize their liability concerns and eliminate possible future cleanup cost associated with mismanagement of TWW. 1. Get prior confirmation that the solid waste facility or hazardous waste facility will accept TWW shipment. Not all facilities accept TWW, so check with the facility before transporting to ensure that their load will not be rejected. (Cal. Code Regs., tit. 22, § 67386.7(b)). 2. Store TWW off the ground by placing it on blocks, on concrete surfaces, or in containers. Movement of large quantities of TWW can be facilitated by bailing and or palletizing TWW, which may also prevent ground contact. (Cal. Code Regs., tit. 22, § 67386.6(a)). 3. Do not store TWW beyond the allowed limits (90 days — block and tarp, 180 days — containment pad, 1 year — container and storage building). (Cal. Code Regs., tit. 22, § 67386.6(a)(2)). 4. Cover TWW during inclement weather to prevent rain water from leaching chemicals out of the TWW. (Cal. Code Regs., tit. 22, § 67386.6 (a)(2)). 5. Accumulate TWW away from public access. (Cal. Code Regs., tit. 22, § 67386.6(a)(1)). 6. Do not burn TWW. It is illegal to burn TWW without a hazardous waste permit. (Cal. Code 7. Contact DTSC if planning to reuse the removed TWvvV to ensure compliance with existing hazardous waste laws. (Cal. Code Regs., tit. 22, § 67386.3(c)). 13 8. Keep TWW from mixing with other waste. (Cal. Code Regs., tit. 22, § 67386.3(a)(3)). 9. Label all TWW bundle/shipments with the following information. (Cal. Code Regs., tit. 22, § 67386.5(b)). TREATED WOOD WASTE —Do not burn or scavenge. TWW Handler Name: Address: Accumulation Date: 10. Keep records for at least three years from date of shipment or receipt to demonstrate that TWW was properly managed. Records should include: (1) name and address of the TWW facility to which the TWW was sent; (2) estimated weight of TWW, or the weight of the TWW as measured by the receiving TWW facility; and (3) date of the shipment of TWW. (Cal. Code Regs., tit. 22, §§ 67386.8(a) and (e)(1)). 11. Notify DTSC within 30 days if generating more than 10,000 pounds of TWW per calendar year. See the listings at the end of this fact sheet for the online notification web site. The following information must be submitted: (1) name and mailing address; (2) Identification Number; (3) name and telephone number of the TWW contact person; (4) address or physical location of the TWW management activities; (5) date exceeding the 10,000 pound limit; and (6) a statement indicating that the business is generating more than 10,000 pounds of TWW per calendar year An Identification Number can be obtained by calling 1-800-618-6942. (Cal. Code Regs., tit. 22, § 67386.9). 12. Arrange for shipment to a TWW facility. Disposal is allowed at a hazardous waste landfill or a qualified solid waste landfill. See the listings at the end of the fact sheet for information on facilities that have been authorized to accept TWW. Contact the TWW facility to obtain costs as they may be adjusted based upon volume. (Cal. Code Regs., tit. 22, § 67386.11). Train employees involved in TWW handling and keep the training records for three years. The training shall include applicable requirements of Cal/OSHA and regulations relating to hazardous waste, methods for identifying and segregating TWW, safe handling practices, requirements of AMS; and proper disposal methods. (Cal. Code Regs., tit. 22, § 67386.12(a)). Frequently Asked Questions (FAQs) Q: Does TWW need to be transported with a hazardous waste manifest or use a hazardous waste hauler? A: No, you can transport TWW using a shipping document, bill of lading, or invoice as documentation and you can use any hauler to transport your TWW off-site. Q: What information needs to be provided to TWW facility personnel? A: ID Number or site name, address, contact person's name, phone, and mailing address. Q: Can I reuse my TWW after its initial removal from service? A: Yes, with the restriction that you use it on-site for its intended use and if you store it no longer than the allowed time limits. Q: Am I allowed to cut TWW? A: Yes, but solely for resizing to accommodate for shipping limitations. Any sawdust must be captured and managed as TWW. Q: Is it possible that creosote treated wood waste becomes a hazardous waste? A: Yes, a generator is required to properly classify the waste through knowledge or laboratory analyses. Q: Am I charged the fees for generating TWW? A: Yes, TWW is considered to be hazardous waste prior to the point of acceptance at authorized solid waste landfills and therefore is subject to generator fees. For further information, you can contact our Fees Unit at (916) 322-2448 or Environmental Fees Division of Board of Equalization at (916)-323-9555. Q: What facilities are authorized to accept TWW? A: See listings at the end of the fact sheet. Additional Information For more information on TWW requirements, call the Regulatory Assistance Officers at: (800) 72TOXIC (1-800-728-6942) or (916) 255-3618 if you are calling from outside of California. For Identification Number issuances contact DTSC at: (800) 618-6942. Treated Wood Waste Web Page Listings The following items are found on our TWW Web page at: hlt2://www.dtse.ca.gov/HazardousWaste/Treated Wood Waste.cfm Final Regulations Regulatory Background Treated Wood Waste Tracking System (TWWTS) Treated Wood Waste Online Notification Form Permanent Identification Number Form Treated Wood Waste Training Materials Fact Sheets and Other Information on Treated Wood Waste Sampling and Analysis Study of Treated Wood List of Landfills That Accept Treated Wood Waste Caution: This fact sheet is intended as a basic overview and guidance document for the management of TWW. It does not replace or supersede Federal or State statutes and regulations. c as o v y .0 � m L Y O 40- Z ` O O a r O) N O r r W M O O co r O O w tD r r co W r r W N r r O W M r LO CD Cl) r O O O to i U W Cl) T v O v Tcr ti r tD r r LO W W W M h n W L?W sr 11 tD M ee ti ti 1r LO T1O r C? 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ALLEN CARTER - CITY TREASURER CITY OF UKIAH ELECTRIC UTILITY DEPARTMENT October 2011 TABLC /-%I:f-n KJTCAiTC L il. %1WV3 1 Liz 1 %J NOTICE TO BIDDERS PAG E INSTRUCTIONSTO BIDDERS.......................................................................................................................1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS....................2 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 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...........................................................................4 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT....................................................................................4 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 3-08. Dispute Resolution SECTION4. BONDS......................................................................................................................................5 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS.........................................................5 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self -Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors EAST CLAY & SOUTH MAIN RE-CONDUCTORING iii Spec No. 11-12 SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 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 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 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 9-03. Avoidable Delays 9-04. Unavoidable Delays 7 12 14 15 EAST CLAY & SOUTH MAIN RE-CONDUCTORING iv Spec No. 11-12 9-U:�. iVUtii;e of iJUidyJ 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 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 Work 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 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 ............... 12-01. Location and Scope of Work 12-02. Examination of Site12-03. Arrangement of Technical Specifications 12-04. Business Licenses 12-05. Perm its 12-06. Standard Specifications and Standard Plans 12-07. Temporary Facilities 12-08. Public Convenience and Safety 12-09. Warranties 12-10. Pre -Construction Conference 12-11. Utilities 12-12. Safety Requirements 17 20 ..........20 SECTION 13. CONSTRUCTION DETAILS.................................................................................................22 13-01. General 13-02. Material 13-03. Existing Utility Lines 13-04. Poles 13-05. Crossarms 13-06. Conductors 13-07. Sag and Tension 13-08. Marking 13-09. Guying 13-10. Removal and Disposal of Poles and Hardware 13-11 Inspections EAST CLAY & SOUTH MAIN RE-CONDUCTORING v Spec No. 11-12 n lr^+ 1/1\1 AA t-Vnl IIG+IA\1 C� I PM^RA /+ ►IC AI f+A\11"11T1l1\IC .7C.L i iiaiti iY. �ALLv.�i01,17 rrl�;i�ii GEi IERAL C.Viivi i iVli i 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS.. 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL................................................................................................................................ BIDDINGSCHEDULE...................................................................................................................... FAIR EMPLOYMENT PRACTICES CERTIFICATION..................................................................... WORKER'S COMPENSATION CERTIFICATE................................................................................ CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT...................................................... LIST OF PROPOSED SUBCONTRACTORS.................................................................................. STATEMENT OF EXPERIENCE OF BIDDER. ......................................... ................ ..................... SIGNATUREOF BIDDER................................................................................................................ BIDDER'S BOND.............................................................................................................................. NON -COLLUSION AFFIDAVIT........................................................................................................ AGREEMENT................................................................................................................................ INDEMNIFICATION AGREEMENT. .............................................................................. ............ EXAMPLEBOND FORMS............................................................................................................... DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .................................... INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDIX A (DRAWINGS AND SPECIFICATIONS) APPENDIX B (PRIORITY POLE PICTURES) Lei 25 .42 .46 .47 EAST CLAY & SOUTH MAIN RE-CONDUCTORING vi Spec No. 11-12 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR EAST CLAY AND SOUTH MAIN RE-CONDUCTORING SPECIFICATION NO. 11-12 NOTICE IS HEREBY GIVEN that sealed standard proposals for EAST CLAY AND SOUTH MAIN RE- CONDUCTORING 2011 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m., November 14", 2011, 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 "EAST CLAY AND SOUTH MAIN RE-CONDUCTORING 2011." Bids are required for the entire work described herein. No fax bids will be accepted. ITEM NUMBER QUANTITY DECRIPTION 1 11 Each I Replace eleven, (11) electric utility poles and re -frame according to drawings 2 3 Each Install three (3) new electric utility poles with framing as shown on drawings i 3 3 Each Re -frame three 3 existing poles according to drawin s 4 1320 Feet Reconductor 12 spans of 3 phase 3 wire conductor with 397kcmil conductor 5 i 1320 Feet Install new 3 phase, 3 wire 12kV underbuild 6 4 Each Replace four (4) priority poles as shown in Appendix B Plans and Special Provisions may be inspected and/or copies obtained for a non refundable fee of $22.00. Plans and Special Provisions may also be downloaded at no charge from the City's website at www.cityofukiah.com. Contact Mary Horger, Purchasing Supervisor, City of Ukiah, 411 West Clay Street, 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 Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by callingMary Horger at 707-463-6233. Bidders must attend a mandatory pre-bid meeting and site tour to be eligible to bid on this project. The meeting will be conducted on Tuesday, October 25 , 2011 at 11:00 a.m at the Ukiah Civic Center Annex, Conference Room 5, 411 West Clay Street, Ukiah, California. A tour of select site locations will be conducted immediately following the meeting. 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 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://wwvv.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class 10 (Electrical) 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. n a Dated: 10 ' [ � ` � % ` r / �/ l Anne Currie, City Clerk, City of Ukiah, California PUBLISH TWO TIMES: October 14 & October 21, 2011 INSTRUCTIONS TO BIDDERS r -n T �I nv nnm I ITI I nnlnl �r /'+rNKIn11('`'TnOIn1l� �n-Ia h.,li h., .fl,r.,r,�r! i .-�i-,n-lonnn Xn/ifh fhe Plang CHS I CLPi i HIVU SOV Irl I`VIIyIIV RC-VVIVUVli 1 vl.rlvV ".v I 1 shall be pei form d in accor a,.vv and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and 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. The work is to be completed within forty-five (45) calendar days. 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. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Bidders must attend a mandatory pre-bid meeting and site tour to be eligible to bid on this project. The meeting will be conducted on October 25t , 2011 at 11:00 a.m. at the Ukiah Civic Center Annex, Conference Room 5, 411 West Clay Street, Ukiah, California. 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, 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 City to exist: but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the City or its officers that such conditions are actually existent, nor shall the EAST CLAY & SOUTH MAIN RE-CONDUCTORING 1 Spec. No. 11-12 City, 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. Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City mimll urteramn.o the appronNr;ate acflnn ne�eBSary7, if any may isgile � 7 a written amendment to the bid request. The bidder's attention is directed to the possible existence of obstructions 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 Pians, 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 All of the work to be performed is within the City of Ukiah. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the locations of the work to be done. 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. "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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 2 Spec. No. 11-12 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. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the 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. 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 3 Spec. No. 11-12 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 yeyhlrh he nr Shea IS So IntcreSterj. If there IS reaSnn to hrvlit?ye that rnllwiSinn oyiStc amnnn the bidders nnne of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following) and shall set forth: (a) The name and the location of the 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 of the 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 11, 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 12-06 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 to 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 upon request 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 judgement 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 4 Spec. No. 11-12 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. Ass gnment ;;f Contract. The contract may be assigned or sublet .n whole �" in —.1 i 1— 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. 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 conform 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 12-06 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. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance 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, 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 throuq_h 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 5 Spec. No. 11-12 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 nercent /50/) of the final nnntrnr;t nrine; to hnlfl nnnri fnr a neriod of one (1)k I/ voar after the r.mmnit-tion 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 contract or of extension of time, 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 (WITH CONSTRUCTION RISKS) 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 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for "all risks" of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liabilitv: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations products and completed operations. 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. 2. Automobile Liabilitv: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 6 Spec. No. 11-12 The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its vfficerc ^fficialS �mpl^.yIIeS and volunteers are to be covered as Additional Insured 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. 2. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. 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 the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. 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. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against 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 AVII 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 affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 7 Spec. No. 11-12 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 aiven 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. 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 workmen'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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 8 Spec. No. 11-12 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 inh try to nercnnc nr 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. Should the Contractor, his or her 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. 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 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 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 9 Spec. No. 11-12 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 thnranf 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. 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 10 Spec. No. 11-12 (1) If the work is 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 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 from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. 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 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 11 Spec. No. 11-12 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. Information relative to apprenticeship standards, wage schedules and other requirements may be 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. 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 price, 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 12 Spec. No. 11-12 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 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-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. Contractor shall also 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 necessary 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 shall 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 therefor 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 $5,000, whichever is the greater, unless based upon a supplementary agreement 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 13 Spec. No. 11-12 Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. ?-08 add-+'conal and Emergency Protec inn \Ahenever, in the opinion of the Engineer the Cnntrar_.tnr 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. 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 therefor, 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. If the 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 crake prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 14 Spec. No. 11-12 SECTION 8. 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 dont', 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. 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. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the 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 any way 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 sources. 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 plant, equipment and methods. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 15 Spec. No. 11-12 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time .set for th in the agreement bound her ewlth. 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 of the 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 16 Spec. No. 11-12 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. n n� Saturday, ,I� Ir, !;,# „_ r1 Night %A'or'--. AIS r�- Sha!l be done between the hnw�rc of ri n m and 9-V Saturday, Sunday, I olidday and Night WNl work 6 p. 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 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 subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1'/2 times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 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. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and 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 first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The 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, an amount equal to 90 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Government Code Section 4590 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the 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 of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 17 Spec. No. 11-12 (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 ids or 'v"var r ai its, including, iCiuding, but not ivt limited to, revenue warrants, of an y cnunty, city, me t,nli .. 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. (1) 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 of a 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 18 Spec, No. 11-12 specify, among other matters, value of 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'Lille default ti 'the � + and terms, 'inions and procedure for termination of the escrow. City chall uciauii .,y Contractor; a. � r...� , con..I� �, � ,,, , have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 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, 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 terms 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 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 therefor 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 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 19 Spec. No. 11-12 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, exCepti ig inCr2a8eS ^i deCr ease$ 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 Citv 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. If the 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. SECTION 11. 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 firm 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. 1 1-03. 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 20 Spec. No. 11-12 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. Location and Scope of Work. All work is to be performed within the City of Ukiah. Locations of work are shown in Appendix "A". All work will be done under the direction of the City of Ukiah Electric Utility Department. Most work is anticipated to be completed during regular business hours, however, work on specified poles may be completed on weekends or nights as coordinated with the Engineer. The Contractor shall perform work such that there is minimum interference with customer's service and primary circuits shall remain energized during all pole replacements. Re-conductoring work shall be completed according to a work plan coordinated with the Electrical Engineer to minimize customer outages. A brief description of this work plan shall be included with the Contractor's bid. Secondary and service outages are acceptable provided the Contractor notifies Customers 48 hours in advance. 12-02. Examination of Site. Bidders must attend a mandatory pre-bid meeting and site tour to be eligible to bid on this project. The meeting will be conducted on Tuesday October 25, 2011 at 10:00a.m. at the Ukiah Civic Center Annex, Conference Room 5, 411 West Clay Street, Ukiah, California. The Contractor shall familiarize himself with local conditions, project sites, construction and labor required so that he may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request. Failure to make adequate investigations and examinations will in no way relieve the Contractor from his obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the Contractor for additional compensation. Further information regarding the work or these specifications can be obtained from Mary Horger at 707-463-6233. 12-03. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-04 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. 12-05. Permits. The Contractor shall provide, procure and pay for all permits required to complete this work. 12-06. Standard Specifications. General Order 95 is hereby made a part of these special provisions and is hereinafter referred to as G095. 12-07. 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 damage to existing facilities which are a result of 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, furnish EAST CLAY & SOUTH MAIN RE-CONDUCTORING 21 Spec. No. 11-12 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 veil lic llar traffic'to safely and expeditiously passthe work. 12-09. Warranties. Unless otherwise indicated, the Contractor shall warrant any materials provided and work performed under the 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. 12-10. 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. 12-11. Utilities. No water, sewer or electrical services will be provided by the City. It is the Contractor's sole responsibility to arrange such services as necessary. 12-12. Safety Requirements. The Contractor shall comply with all pertinent 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. General. All construction shall be performed in a safe, thorough, and skillful manner in accordance with plans and specifications and all applicable state, federal and local regulations. Contractor shall perform tasks associated with this project between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, however, work on specified poles may be completed on weekends or nights as coordinated with the Engineer. Contractor shall replace 11 poles identified on the drawings and specifications, set 3 new poles, re -frame 3 additional poles, re -conductor the top 12kV circuit and add an additional 12kV circuit. In addition, the Contractor shall replace 4 poles throughout Ukiah, as shown on the pictures in Appendix B. Contractor shall be responsible for having Underground Service Alert (USA) performed for all locations of work. Contractor is responsible to follow the guidelines of California's Underground Service Alert for all utility location requests. Contractor shall be responsible for any damage to underground facilities as a result of the work. The City of Ukiah will provide a gated, fenced area for the Contractor to park vehicles and secure material. The Contractor will be responsible for locking and providing any additional security measures to ensure material and equipment are safe. 13-02. Materials. The City of Ukiah will provide all materials. All hardware and pole material shall be furnished by the City of Ukiah and will be stored at the City of Ukiah Corporation Yard located at 1320 Airport Road, Ukiah, California. Upon issuance to the Contractor, the Contractor shall be responsible for materials furnished by the City from the time of receipt until installation and final acceptance by the City. All material remaining at the completion of the job belongs to the City and is to be transported back to the City's Corporation Yard. The Contractor shall not keep any material that the City provides. 13-03. Existing Utility Lines. Contractor shall exercise care in the removal of all utilities located on each pole. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 22 Spec. No. 11-12 All conductors, service drops, switches and cutouts shall be reattached to the new pole using new hardware, unless otherwise noted in the drawings. Poles that contain phone, cable television or fiber optic utilities or any combination thereof shall be handled in one of the following ways: IF 1L, 1.. + ,-1 1 L.,.4 +L.- +'.,.-..�. cables hall h ted to the new pole- in i II the I,)VIG IJ VUL and P�II�I�GU, LI IG l'VI III I I U1114aLIV11J i'a U1GJ CJI IQII ue connected let.11+V Lv 111 a temporary fashion. 2. If the new pole is located beside the old pole, the old pole shall be topped and left for the communications company to transfer. Any pole that is cut and kicked in a sidewalk or other concrete location will be the responsibility of the Contractor to replace the concrete to adequate City standards. Poles that are placed beside the old pole shall have cold patch placed to ensure level surface until the communications are transferred and the old pole is removed. Finishing work for non cut and kick poles is the responsibility of the communications company. City of Ukiah personnel will contact the proper utilities to ensure proper attachment to the new pole. If the transfer of any utility line requires a Customer outage, the Contractor shall notify the Customer 48 hours prior to the outage. All work shall be done in a manner that minimizes primary service without interruption and shall be completed using hot sticks or rubber gloves in accordance with NFPA 70 regulations and OSHA regulations. 13-04 Poles. All pole replacements, removal and re -attachment of utilities shall conform to the National Electric Safety Code (NESC) and General Order 95 (G095) requirements. Contractor shall be responsible for transporting all poles from the City's Corporation Yard to the work site. Contractor shall avoid damage to the poles while transporting and setting. Poles shall not be dragged on the ground or dropped from trailers. Poles damaged due to careless handling will be required to be replaced and will be the responsibility of Contractor. Poles shall be set at a depth of 10% of the pole height plus 18 inches unless otherwise specified on the drawings. Poles that have underground dips, or are set in a location that does not permit an additional hole shall be "cut and kicked" and the new pole placed in the existing hole. All underground dips must be placed back in the same pole quadrant as the original pole. Contractor shall be responsible to ensure adequate climbing space in accordance with G095. Poles shall be placed in a hole that is large enough to provide free entrance and proper tamping of the backfill. All poles shall be set and aligned with other poles on the same tangent, with crossarms or insulators perpendicular to the line. After each pole is set in position and properly aligned, the hole shall be backfilled with 3/" crushed rock, provided by the City, and the earth removed from the hole. All material shall be thoroughly tamped. Power driven tampers are to be used exclusively. Water or drying material shall be added, if required, for maximum compaction. At the time of the final inspection, all settlement shall be re -filled and tamped, and the holes shall be left with a level surface with cold patch until final concrete work is completed by the party responsible. Additional material shall be cleaned up by the contractor and the area left clean. The Contractor shall repair, reshape and/or sod at his own expense any areas, slopes or turf that have been damaged by these operations. 13-05. Crossarms. Crossarms shall be placed 12" from the top of the pole with a minimum 36" separation between primary arms and 72" separation between primary and secondary arms. 13-06. Conductors. Contractor shall re -conductor 12 spans of existing wire, consisting of various wire sizes to 397kcmil. Contractor shall install conductor in accordance with the manufacturer's recommended installation requirements for the type and size of conductor being installed. Contractor shall use extension arms, cover and all applicable safety practices to spread existing wire. New conductor shall be dismantled in EAST CLAY & SOUTH MAIN RE-CONDUCTORING 23 Spec. No. 11-12 the presence of a City Representative and shall be handled in a manner to ensure it remains undamaged. Conductor shall in no instances be drug on the ground, run over or hit with equipment. Contractor shall be responsible to ensure that the conductor remains undamaged. An additional lower circuit of 397kcmil is to be installed folio vying the re -conductor ing of til top vir—iif. Pvldder .cilhall suhmit a detail P/ri plan aC tri hnxA/ customer outages will be minimized while completing the project. 13-07. Sag. Tensioning and sagging shall be done in accordance with the manufacturer's recommended installation requirements the approved sag charts(to be approved by the City Representative. The sag for each span and phase shall be consistent and shall be carried out in calm weather. A dynamometer shall be used to obtain proper tension. 13-08. Marking. Poles which support circuits of greater than 750v shall be marked with high voltage signs attached to the crossarm or pole with nails or staples. High voltage sighs shall be placed on the face and back of each crossarm, but not on the inside faces of double arms. All poles that are within 15' of a paved surface shall be marked with visibility strips. Three strips shall be placed toward oncoming traffic at the height of 36", 48" and 60" above grade. If the pole is exposed to traffic in more than one direction, three strips shall be installed for each direction of exposure. 13-09. Guying. New guys will be placed on all new poles and anchors shall be replaced or dug out as needed. Plastic guy markers shall be placed on all guys. Anchors shall be buried to a depth with no less than 6" and no more than 18" of the shank exposed. The anchor shall be installed against undisturbed earth and located so that the full length of the anchor rod is utilized and is in line with the guy. 13-10. Removal and Disposal of Poles and Hardware. Contractor shall be responsible for removing all pole hardware from removed poles. Recyclable copper and aluminum shall be placed in the City's bins for disposal. Disposal of all other material shall be the responsibility of the Contractor and shall not be disposed of using City facilities. 13-11. Inspections. The City's inspector shall inspect all work when complete to ensure compliance with City standards and G095 requirements. The Contractor is responsible for the removal of all temporary structures and the removal of rubbish of all kinds from all structures and from any of the customer's grounds which have been occupied. The Contractor shall return all fences, gates and other structures belonging to the Customer to the original condition. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 24 Spec. No. 11-12 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 (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 25 Spec. No. 11-12 CITY OF ! KIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR EAST CLAY AND SOUTH MAIN RE-CONDUCTORING 2011 Specification No. 11-12 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 will 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 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; c) 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 �) that he or she will accept as full payment therefor the following sums: EAST CLAY & SOUTH MAIN RE-CONDUCTORING 26 Spec. No. 11-12 In case of discrepancy between words and figures, the words shall prevail. In any discrepancy between unit prices and extended amounts for a bid item using unit prices (specified unit price multiplied by specified quantity for bid item does not equal the extended amount for the item), the specified unit price will control and will be used by the City to compare bids in selecting the lowest bid and in awarding the contract. If the specified total bid amount does not equal the total of the extended amounts for all bid items, the City will use the total of the extended amounts for each bid item (adjusted, if necessary, so that the extended amount equals the specified unit price multiplied by the specified quantity for that bid item) to compare bids in selecting the lowest bid. ITEM NO. ESTIMATED DESCRIPTION AND UNIT PRICE BID EXTENDED TOTAL AMOUNT QUANTITY Replace existing electric utility poles and re -frame according to drawings for the price per each $ 1 11 Each $ Install new electric utility poles with framing as shown on drawings for the price per each $ 2 3 Each Re -frame existing poles according to drawings for the price per each $ 3 3 Each Reconductor 12 spans of 3 phase 3 wire conductor with 397kcmil conductor for the price per foot $ 4 1320 Feet Install new 3 phase 3 wire 12kv underbuild for the price per foot $ 5 1320 Feet Replace priority poles as shown in Appendix B for the price per each $ 6 4 Each $ TOTAL BID AMOUNT ==4 Total bid amount in words: $ We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to select the base bid plus any additive bid item or combination of additive bid items 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. 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 120 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 27 Spec. No. 11-12 Licensed in accordance with an act providing for the registration of California Contractors License No. , expiration date THE CONT, ID LICENSE �"v VPiT10N ST�TEU WERE" ARE �AlG nlFR I I ,I E PENALTY OF PERJURY. Signature of bidder or bidders, with business name, address, phone number and fax number: 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 28 Spec. No. 11-12 FAIR EMPLOYMENT PRACTICES CERTIFICATION T i V. 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. EAST CLAY & SOUTH MAIN RE-CONDUCTORING (Signature of Bidder) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 29 Spec. No. 11-12 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 commencing the performance of the work of this contract. Witness my hand this day of 200 Signature of Bidder, with Business Address: EAST CLAY & SOUTH MAIN RE-CONDUCTORING 30 Spec. No. 11-12 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 cgiai opportunity cause herein or the -clause contained in Section 301 of Executive Order 1092.15; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 31 Spec. No. 11-12 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, eof, eac 11 bidder stall 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 done by each subcontractor. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 32 Spec. No. 11-12 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 +b,..+ "❑ hl.. +I,- City Council to -Ig f h' her ex chill and hwiclnnncc OnnHinn give references a OL 'vein Ul ICKAc a is viiy vvui Cii w j a�.y`v v .11 or � I .. y and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 33 Spec. No. 11-12 SIGNATURES) 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 other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. Signature(s) of Bidder: License Expiration Date NOTE: If bidder is a corporation, 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: Dated: EAST CLAY & SOUTH MAIN RE-CONDUCTORING 34 Spec. No. 11-12 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, as PRINCIPAL and 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 may be, for the work described below, for the payment of which sum in lawful money of the 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 $ 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 14th, 2011 for EAST CLAY & SOUTH MAIN RE- CONDUCTORING. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in 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 day of . A.D. 20 Principal Surety Address: (Seal) (Seal) Seal) Seal) Seal) Seal) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 35 Spec. No. 11-12 NON -COLLUSION AFFIDAVIT A ote: Di.� der hall to the affidavit +him Q for to o itti q his or her bid ivu�c. ci Sean cxcCuL uic anivavn. vii L. If pages prior w �ubm,«,n�, S To City Council, City of Ukiah: The undersigned in submitting a bid for performing EAST CLAY & SOUTH MAIN RE-CONDUCTORING 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. Signature(s) of Bidder Business Address: Place of Residence: NOTARIZATION Subscribed and sworn to before me this day of , 20 Notary Public in and for the County of My Commission Expires 20 State of California. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 36 Spec. No. 11-12 CITY OF Jvi d H Mendocino County, California AGREEMENT FOR EAST CLAY AND SOUTH MAIN RE-CONDUCTORING 2011 Specification No. 11-12 THIS AGREEMENT, made this day of 20 , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and called the Contractor, WITNESSETH: hereinafter WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within fourteen (45) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer EAST CLAY & SOUTH MAIN RE-CONDUCTORING 37 Spec. No. 11-12 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 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 Ill. 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 EAST CLAY & SOUTH MAIN RE-CONDUCTORING 38 Spec. No. 11-12 las violated the Fair E111 picyment Pr aCl.;CeJ �Ct and has iS$ued an ardor under Labor Cede Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non- compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti- discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. EAST CLAY & SOUTH MAIN RE-CONDUCTORiNG 39 Spec. No. 111-12 M -rte kid i he "Fair rmploymenst Practices Cersi•r•catioi " must be comple+ted and Sighed prior to the time off submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2• Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this day of 120 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: CITY MANAGER, CITY OF UKIAH Attest: CITY CLERK, CITY OF UKIAH in CONTRACTOR Attest: Title: The foregoing contract is approved as to form and legality this day of 120 CITY ATTORNEY, CITY OF UKIAH EAST CLAY & SOUTH MAIN RE-CONDUCTORING 40 Spec. No. 11-12 INDEIVINIFIC' A IO"1 AOREE". ENT IIVL! IY t Ii IVA 1 1\ This Indemnification Agreement is made and entered in Ukiah, California, on by and between the City of Ukiah (Ukiah) and Contractor is for Ukiah. 120 1 (Contractor). As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR 3'A TITLE: EAST CLAY & SOUTH MAIN RE-CONDUCTORING 41 Spec. No. 11-12 CITY VF 'UKIAP I Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, AS PRINCIPAL. and AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of dollars ($ } 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 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of 120 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 42 Spec. No. 11-12 WITNESS: ATTEST: ATTEST: The rate of premium on this bond is $ EAL) (Corporate Principal) (Business Address) (City/State/Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) (Corporate Surety) (Business Address) (City/State/Zip Code) per thousand. Affix Corporate Seal The total amount of premium charges is $ (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal EAST CLAY & SOUTH MAIN RE-CONDUCTORING 43 Spec. No. 11-12 r'rrvn�,ViAH �11Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, PRINCIPAL, and AS AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of dollars ($ ) 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 20 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of 120 In the presence of: WITNESS: (Individual Principal) (Business Address) SEAL) (City/State/Zip Code) EAST CLAY & SOUTH MAIN RE-CONDUCTORING 44 Spec. No. 11-12 WITNESS: ATTEST: ATTEST: The rate of premium on this bond is $ SEAL) (Corporate Principal) (Business Address) (City/State/Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) (Corporate Surety) (Business Address) (City/State/Zip Code) per thousand. Affix Corporate Seal The total amount of premium charges is $ (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal EAST CLAY & SOUTH MAIN RE-CONDUCTORING 45 Spec. No. 11-12 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. EAST CLAY & SOUTH MAIN RE-CONDUCTORING 46 Spec. No. 11-12 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, and are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of (5 PERCENT OF THE FINAL CONTRACT AMOUNT) as PRINCIPAL as SURETY, to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated for WHEREAS, said Contract has been completed, and was approved on the day of NOW, THEREFORE, THE CONDITION OF THIS 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 force 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 this day of , 20 Seal) BY: (Seal) Principal (Seal) Seal) BY: (Seal) Surety EAST CLAY & SOUTH MAIN RE-CONDUCTORING 47 Spec. No. 11-12 Reproduction of Insurance Services Office. Inc. Form ISSUE DATE (MM/DDNY) r+C'�TICl/+ATC /'1 L- 161 L+1IO A k lf%=' VGR I IrlliH 1 C Vr 11-4Q M1-4% r_ CITY OF UKIAH PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. COMPANIES BEST'S RATING COMPANY LETTER A COMPANY LETTER B INSURED COMPANY LETTER C v COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY TF€AT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PEP IOD R401CATED.. NOTVIATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CROTHER COC€ MEtdT WITH RESPECT TO'VVHICHTHIS CERTIFICATE NVY BE ISSUEDORMAYPERTAiN. THE iNISURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOiIIN MAY RRV£ BEEN REDUCED BY PAID CLAI€AS. CO POLICY POLICY EFFECT VE EXPIRATION DATE LTR TYPE OF INSURANCE N U M E R DATE {Ar3ADDA-0 (Pf vVIJD:YY} ALL LIM[F S IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE 5 ❑ COMMERC€AL PRODUCTS COMP[OPS AGGREGATE S ❑ CLAIMS MADE PERSONAL & ADIJERTISING INJURY ❑ OCCURRENCE ❑ OWNER'S & CON TRACTOR'S EACH OCCURANCE � PROT. ❑ OTHER FIRE DAMAGE (any rine fire) $ MEDICAL EXPENSES (anyone parson, S AUTOMOTIVE LIABILITY COMBINED SINGLE LIMIT � ❑ ANY ALTO BODILY INJURY (per person) ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS BODILY INJURY (per accident} 5 ❑ HIRED AUTOS ❑ NON -OWNED AUTOS PROPERTY DAMAGE 5 0 GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE 5 ❑ UMBRELLA AGGREGATE � ❑ OTHER THAN UMBRELLA FOR yi I n WORKER'S COMPENSATION STATUTORY EACH ACCIDENT AND DISEASE - POUCY LIMIT 5 EMPLOYER'S LIABILITY DISEASE - Er�CH EMPLOYEE 5 PROPERTY DAMAGE AMOUNT OF INSURANCE � ❑ COURSE OF CONSTRUCTION DESCRIPTION OF OP ERATIONSiLOCATIONSrVENICLESIRESTRICTIONS;SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: ? None of the above-described policies will be canceled until after 30 day's written notice has been given to the Cit at the address indicated below. p_.._.__ Y 9 Y 2. The City. its officials, officers, employees, and volunteers are added as insureds on all Liability Insurance Policies listed above. 3. It is agreed that any insurance or self-insurance maintained by the City will apply in excess of and not contribute with, the insurance described above. 4. The City is named a loss payee on The Property Insurance Policies described above, if any. 5. All rights of subrogation under the Property Insurance Policy listed above have been waived against the City. 6. The Worker's Compensation Insurer named above, if any, agrees to waive all rights of subrogation against the City for injuries to employees of the insured resulting from work for the City or use of the City's premises or facilities. Reproduction of Insurance Services Office, Inc. Form INSURER: POLICY NUMBER: ENDORSEMENT NUMBER: COMMERCIAL GENERAL LIABILITY FORM CG 20 10 11 85 (MODIFIED) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED ----- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location(s) of Covered Operations or Organization(s) City of Ukiah, its officers, officials, employees and volunteers 300 Seminary Avenue Ukiah, CA 95482 If no entry appears above, information required to complete this endorsement will be shown in Declarations as applicable to this endorsement. 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", "property damage", or "personal and advertising injury" arising out of "your work" performed for that insured. Modifications to ISO form CG20 10 1185: The insured scheduled above includes the insured's elected or appointed officers, officials, employees and volunteers. This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Signature -Authorized Representative Address Phone Number CG 20 10 11 85 Insurance Services Office, Inc. For (Modified AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT Endorsement No. FOR r.ity of t )kiah (the "City") Issue fate: PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE ❑ Included in limits 0 In addition to limits Telephone: ( ) r Deductible ❑ Self Insured Retention (check which) of $ NAMED INSURED APPLICABILITY. This insurance pertains to the operation and/or tenancy of the named insured under all written agreements and permits in force with the City uniess checked 'here a in which case only the following specific agreements and permits with the City are covered: CITY AGREEMENTS/PERMITS TYPE OF INSURANCE OTHER PROVISIONS COMMERCIAL ❑ BUSINESS AUTO POLICY n OTHER LIMIT OF LIABILITY CLAIMS: Underwriter's representative for claims pursuant to this insurance. Name: Address: $ per accident, for bodily injury and property damage Telephone: ( ) In consideration of the premium charged and notwithstanding any inconsistent statement in the polity to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. INSURED: The City, its officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: the ownership operation, maintenance: use, loading or unloading of any auto owned, leaded, hired or borrowed by the Named Insured, or for which the Named Insured is responsible. 2. CONTRIBUTION NOT REQUIRED: As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy shall: (a) be primary insurance as respects the City, its officers, officials, employees and volunteers: or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. Any insurance or self-insurance maintained by the City, its officers, officials. employees, and volunteers shall be excess of the Named Insured's insurance and not contribute with it. 3. CANCELLATION NOTICE: With respect to the interests of the City, this insurance shall not be canceled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 4. SCOPE OF COVERAGE: This policy affords coverage at least as broad as: (1) If primary, insurance Services Office form number CA0001 (Ed. 1/87), Code 1 (Aany auto-'): or (2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1). Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions. agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER CITY AUTHORIZED = Broker/Agent - Underwriter REPRESENTATIVE City of Ukiah 300 Seminary Avenue I (print/type name), warrant that I Ukiah, California 95482-5400 have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: Date signed: WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL ENDORSEMENT FOR City of Ukiah ( the "City") Endorsement No. Issue Date: PRODUCER POLICY INFORMATION: Insurance Company: Policy No. Telephone: ( ) Policy Period: (from) (to) NAMED INSURED OTHER PROVISIONS CLAIMS: (Underwriters representative for claims pursuant to this EMPLOYERS LIABILITY LIMITS insurance. S (Each Accident) Name: S (Disease - Policy Limit) Address: S (Disease - Each Employee) Telephone: ( ) In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. CANCELLATION NOTICE: This insurance shall not be canceled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 2. WAIVER OF SUBROGATION: This Insurance Company agrees to waive all rights of subrogation against the City, its officer, officials, employees, and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City. Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements, or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER CITY AUTHORIZED _ Broker/Agent - Underwriter C City of Ukiah REPRESENTATIVE 300 Seminary Avenue I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my Ukiah, California 95482-5400 signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: ( Date signed: (1 SET OF 4 DRAWINGS SEPARATELY BOUND) APPENDIX "B" Note: There are four oversized specs associated with this project which are too large to scan.