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HomeMy WebLinkAboutArgonaut Constructors 2012-09-06 ' � . ' �'t,t. t9°{D fe( Z CITY OF UKIAH Mendocino County, California AGREEMENT FOR GOBBI STREET/STATE STREET STREET AND UTILITIES IMPROVEMENT PROJECT Specification No. 11-10 THIS AGREEMENT, made this �� day of Sepr�o�y[�7P�!"' , 20 ��by and belween the City of Ukiah, Mendocino County, Caiifornia, hereinafter calied the City and nPdOKal�i� GON,5�1^Li�jJ/'rj 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 guaranly in an amount of not less than 10 percent(10%) 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 Contraci Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of consiruction; 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 eighty(SO)working days. Contract days shall be counted starting with the 10th day following receipl of notice that the contract has been executed by the City. Contract days shall be counted starting with the 'IO'" day following notice of award of contract by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at leasl 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 Spec.No 11-10 86 Gobbi StreeU State Street Street and Utilities Improvement Prqect , , 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 III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code,which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract,the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for empioyment because of race, color, religion, ancestry, or national origin. The Confractor 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 tertnination; 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, reestab�ish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from lhe Fair Employment Practices Act to have occurred upon that it has investigated and determined that Gobbi Sireet 8 State Street Street antl Utilities Improvement Project 87 Spec.No.11-10 the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the Ci[y shall notify the Contractor that unless he or she demonstrates to the satisfaciion 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 Contrector. (� 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 She 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' refenals (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 a�rmative anti-discrimination program in terms of the unions' specific areas of skill and geography to lhe 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 c�ause 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. Spec.No 11-10 88 Gobbi StreeV State Street Street and Utilities Improvement ProjeU (I) The"Fair Employment Praclices CeAiftcation"must be completed and signed prior to the lime of submilling the bid. Article IV. Parts of the Cantract. That the complete contracl consists af the following documenls,all of which shall be eonsidered a part of this agreement. 1. Notice to Bidders 2. Wage Scales 3. General Conditions 4. Technical SpeciflcaGons 5. Proposal 6. Fair Employmenf Prectices CertificaGon 7. Agreement 8. Contract Bonds 9. Conlract Drawings and ConsWction Details 10. Standard Drawings I 71. Indemn(ficallon Agreement jIN WITNESS WHEREOF, this conVact being executed in dupitcale and the parties having caused their ' tV( names la be signed by authority of their duiy authorized office this�day of�b�;20�Z. CITY OF UKIAH,MENDOCINO COUNTY,CALIFORNIA By: J ` CI OF UKIAH Attest: LE , F UKIAH By: CONTR R Michael A. Smith-Vice President Altesl: TiUe: David Stanford-Contract Administrator The toregoing con s approved as to tor Iegality this�=day of <�a bt� 20 1 Z � CITY NEY,CI O U TA Gobbl SVael&Slete SUeet Streetand UII�MIea ImprovemeNPmJod 89 Spae No.tt-00 INDEMNIFICATION AGREEMENT S,�Nt�t �o�t /� This IndemnifiptEon Agreement Is made and enteAred In.Hk}ah-Californla,on +�U9�[5 f 3� ,20 1 y by and between the Ciry of Ukiah (Ukiah)and /i'e.,��ti(�'lit.�l' LD IU�T�ZK�S i (Contractor). i Conlractoris performing work as identified in "Gobbi Street/State Street Street and Utility Improvement Project" for the I City of Uklah. I As a condition of issuing lhe work order, atlached hereto, Ukiah requlras assurance thal Contraclor will protect Ukfah from damage or damage claims which arise from ils pertormance oi lhe work. Accardingly,Contractor agrees as follows: 1. Indemnfflcation. Contractar shall indemnity and holtl harmlesa Ukiah and ils officers, agents, and empioyees from and egafnst any claim, loss, or damage, including the legal and other costs of defending against any clatm of damage or loss which arises out of the Contrectar's negligent or wrongful perfarmance under the work order altached hereto, except for cleims, losses, or damages resulting from the sole and exclusive neglEgence or other wrongful conduct of Ukiah or its otficers,agents and employees. COIJTRACTOR � BY: TITLE: Michael A. Smith Vice President Spet No 11-00 90 Gobhl StreeUSteteSlreel S�reet antl U�9ltles fmprovemeM P�o�ea Executed in Duplicate Bond No.: 105764338 Premium: $7,365.00 CITY OF UKIAH Mendocino County,Catlfomia FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Argonaut Constructors AS PRINCIPAL,and Travel- rs a �alSy and Si�rPtv Comoany of AmPrir.a AS SURETY, are held firtnly bound unto 7HE CITY OF UKIAH,hereina(ter called Ihe'City',fn the penal sum oF Seven Huntlred Twenty-Four Thousantl Eight Hundred Sixty-Five and 00/100 d0118f5($ 724.865.00 ) for the payment of which sum we bind ourselves,our heirs,executors,administ►ators,and successors,jointly and sevetaliy. WHEREAS, Ihe Principai has entered InW a certain Confracl with Ihe City,dated Auaust 22 .20 12 , a copy of whieh is hereto attached and made a paA hereof, NOW, THEREFORE, the cronditlon of this obligation is such thet If the Principal sheil in all respecls Tulty pertorm the Coniract and all duly authorized modificatlons thereof, during its originei lerm and any extensions thereof thet may be granted and durtng any guaranly pertod for whkh the Contraet provkles, and if the P�incipal shail fully satisty all claims, arising out oi the prosecution ot lhe work under fhe CoMracl and shatl fully indemnify the City for ell expenses which it mey incur by reeson of such daims, Induding its aUomey's fees and court cosfs, and if lhe Principal shall make full payment lo all persons supplying labor, services, materials, or equipmenl in the prosewtion of the work under lhe Contract, fn default oi which such persons shall have a direet right of aetion hereupon; and H the Principel shall pay or cause to be paid all sales and use ta�ces payable as e resufl of the perfortnance o(the Conlraet as weU as payment of gasoline and special motor tuels Yaxes in the peAOrmance of Ihe Contred and ap molot vehide fees requlred for commerciai motor vehkles used In connectlon with the perfortnance of Ihe Conlrad,then thie obligation shall be void;othe�wise, it shall remain in WII force and eftecl No modificadon of the ConVaet or exlension of the tertn Gtereof, nor any forhearance on the part of lhe City shall in any wey release the Prineipel or the Surety iran liabiliry hereunder. NoNce lo the Surety oi any such modifieatbn, extension, or forbearance is hereby waived. IN WITNESS WNEREOF,the atoresaid Principal and Surety have execated this inslrument�d affaed their seals hereto,this �arn ' day o( Ai�n���r .20�,_. ' In lhe presenee oF. WITNES3: N/A {SEALJ (Indlvidual Principal) (Businesa Address) OoDbi StreelB Slats Slreat Bt Spee.No.tt•10 SUat wW UWdias knprovement ProJed (City/Slate2fp Cade) VYITNESS: Argo ut Constructors – (SEAL) ( orate rindpaq �1,�(�,�q.C L{I . 3W�i�l'I �1 P 1236 Central Avenue (Business Address) Santa Rosa, CA 95402 (Ciry/StetelZfp Code) ATTEST: (Corpaate Principap A(fix Corpordte Seaf (Business Address) (City/Stale2ip Code) ATTES7: Trav as nd Sur �Gompany of America See attached Notarv Acknowledoment AIBx (Corporate S�ery) Corporete Jessica Nowlin,Attorney-in-Fact $g8� 100 California Street. Suite 300 (Business Address) San Francisco. CA 94111 (CiryBlatelZip Code) First$500,000 @$1120;Next$224,865 @$7.85 The rdte of premium an lhis bond is$ per lhousantl. The total amount of premium eharges ic$ 7 365 00 — (The abova Is to be f�led in by Surely Company). (Power of Attorney of person signing for Surely Company must be aqached). (CERTIFtCATE AS TO CORPORATE PRINCIPAL) I M l G H k E [. A • S w�+T1a cerdty that i am the Secretary oF the corporafan nemed as Principal in fhe foregoing bond; lhat 'M 1 cµ E q . 3 w� i TU . who signed q�e said bond on behatf af the Principal, W8S fh6I1 ,�P . 5 E L ( T2 E S Of 88Id COf�J0I811011; �118� 1 k110W 1916 stgneture,and that his sig�ature Ihereto is genuine;and that satd bond was dury signed,sealed,and altested lo for and in behalf of satd rporaUon by authoriry of Ils goveming body. � Affix Corporate Seal wt� A �1.. � . �IA.� ITf-I \� l f Spee No t t•10 92 Gobbl SUSaV S41a Sheel suee�ana ul�tes unaovemem wulea CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stute of Culifa�nia Counry o(Sun Frunci.rco On August 24 , 2012 beforeme, AllisonParidy ,NotsryPublic personal]y appeared--------------------- Jessica Nowlin --------------------------- who proved to me on the basis of satisfactory evidence to be the person(aj whose name�isf�subscribed to the within instrument and acknowledged to me that§e{she/t� executed the same in�tis/her/tkei�authorized capacity(ieej, and that by�SSlher/�signature(aj on the instrument the person(aj, or the entity upon behalf of which the person(s) 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. .. ALLISON PARIDY � Commissmn 8 1929133 WITNESS my hand and official seal. i ,-u Notary Pu�hc -Califomia z � ' San Francisco County D My Comm Expires Mar 19,2015 Signature Pluce Nntury SeulAhore WARNING.THIS POWER OF ATTORNEV IS INVALID WITHOUTTHE RED BORDER i�. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company S[.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 1Yavelers Casualty and Surety Company Fideli[y and Guaranty Insurance Onderwriters,Inc. 1Yavelers Casunity and Surety Company of America SL Paul Fire and Marine Insurance Company United S[ates Fidelity and GuaranTy Company St.Paul Guardian Insurance Company Attorney-In Fac[No. 225444 Ce«�`�a1e N�. 0 0 4 9 9 4 9 4 2 KNON ALLMEN BY THESE PRESENTS.Tha[SL Paul Fire and Manne Insurance Company,St Paul Gu:udian Insurance Company and St.Paul Mercury Insurance Company aze cocpora[ions duly organized under the laws of the State of Mmnesota,tha[Farmmgmn Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company ofAmenca are corporations duly organizzd under the laws of the State of Connec[icut,that United States F�delity and Guaranty Company�s a corporauon duly organized under the laws of the Sta[e of bfaryland,that Fidelity and Guannry Insurance Company is a corporanon duly organized under the Iaws of[he State of Iowa,and that Fidehty and Guazanty Insurance Unde�wu[ers,Inc.,�s a corporanon duly organized undzr the laws of the State of Wisconcm (herein collecnvely called[he°Companizs"),and[ha[[he Companies do hereby make,constim[e and appoin[ David Alvarado, Scott Gaddy,Jeff Parkhurst,Jessica Nowlin,S. Nicole Evans,Jennifer Dirking,and Teri L.Koehler of the Ciry of e.,., c.�r�:��,. ,State of r.,l;F..,;� ,theu we and lawful Attomey(sl-m-Fact, each in[heir separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recoanizances,wndinonal undertakings and other�vntmgs obligatory m the namre[hzreof on behalf of the Companies in their busmess of guazanteeing the fideliry of persons,guaranreemg the performance of contracts and execu[ing or guaranteeing bonds and undertalungs reqwred or permi[[ed in any actions or proceedings allowed by law. IN WITNESS WfiGREO$the Companies have caused Hus insnumen(to be signed and[6ea corporate seals to be hereto affixed,Ihis 9th day of August ,2012 Farmington Casualty Company SL Paul Mercury Insurance Company Fideli[y and Guaranty Insurance Company 71�avelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. 11�avelers Casualty and Surety Company of America S4 Paul Fire and Marine Insurance Company Uni[ed S[a[es Fidelity and Guaranty Company SL Paul Guardian Insurance Company �SV ` TM ��PE b� �M '�S 9 J�1nSUq� RHO` !'WS4AF/Y �"�l ! 4 �.......... P 9N 4, �y� q � O�y� 6 faevon��:+ �• :] yp P' 4 9 ��/ W af F�� ORVON9Tf•Ay �}( �I�� �� � � 9 / 4 Z 5 6(� Y �91/ 8 �MAtfO ���£ � : �' LCV1N. n \ /_� f 189$ � u C. � S i 19PJ� s'�- m � S:° - ¢p HNRFOM�9� MWV.�Y in A � � �„m ",SEAL'o � YdM. b` �. �o °i�., l.p �:SSAL'i � d ....... y s� _n >� a° �...../R °� d� 'E n �o nu� IS AN�,: °ig.......�Na i '!n Vf`P 'T7 AIN D � Y � `Fn.uw ...y. wr Sta[e of Connecticut BY� V City of Hartford ss. Georg� Thompsoq emor ice Pres�denl On this [he 9th day of AUgUSt 2�12 , before me personally appeared George W. Thompson, who acknowledged h�mself[o be[ht Senior Vice Presiden[of Fazmmgton Casualty Company, F�delity and Guaranty Insurnnce Company,F�delity and Guazanty Insurance Underwriters, Ine., SL Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, SL PaW Merwry Insurance Company, Travelers Casuaity and Surety Company,Travelers Casualty and Surety Company of Amenca,and Umted States FidG�ty and Guazanty Company,and that he,as such,bzmg authorized so ro do, execu[ed Ihe foregomg instrument for the purposes themm con[ained by signing on behalf of[he corporations by h�mself as a duly aulhorized officer. �p TET� `�(—'^` A,�, ,. /� In Witness Whereof,I hcreun[o set my hand and official seal. � " `w� � ' �•A� My Commission expires thz 30th day of June,20l(. �p���p5* Mane C R�reaulc,Nocary PubLc � 58440-6-17 Printed in U.S.A. WARNING'THIS POWER OFATTORNEV IS INVALID WITHOUTTHE RED BOFDER Executed in Duplicate Bond No.: 105764338 Premium: Included on Performance Bond CITY OF UKIAH Mendocino County,Cali(omia MATERIAL AND LABOR BOND KNOW AlL MEN 8Y THESE PRESENT3, That we flie UndetSigned, Arponaut Constructors AS PRINCIPAI,and Travelers Casualtv and Suretv Comoanv of America .AS SURETY, are held firmly bound unto THE CITY OF UKIAH,hereinafler called the"Cily"in the penal sum of Seven Hundred Twenty-FOUr Thousand Eight Hundred Sixty-Five and 00/100 dollars($ 724.865.00 1 tor Ihe peyment of which sum we bind ourselves, our heirs,executors,administrators,and successors,jotnUy and severaily. WHEREAS, the Princfpal has entered into a certafn Contraet with the Cily, dated nuaust 2a , 2412 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condllion of this oWigatlon Is sueh thal if the P�incipal ahall in all respeda fulty perform U�e Contract and all duly authorized modifiplions lhereof, during ita original tertn and any extensions thereof Uiat may be granled and during any guaranty period tor which the Contract provides, and if lt�e Principal shall tully satisly all eleims,arising out of Ihe prosecuUon of the work under the Contrael and shall lutly indemnify the City for all expenses whieh it may ineur by reason of such dafms, including its allomey's tees and wurt cosls, and if the PrinGpal shall make full payment to all persons supptying labor, services,materials,or equipment in lhe prosecuGon at the work under the Contraet, in default of whkh such petsons shetl have a direel right of aWion hereupon; and if the Principa�shall pay or ceuse to be pafd all sales and use taxes payable as a resull of the performance of the Cantract as well as payment of g8sotine and special motor fuels taxes in the petformance o( the Contrad and all motor vehicle tees requked for eommercial motor vehtcles used in conneetion with the peAormance of the Contract,then this obiigaUon shall be vofd;ofhervvlse, il sha0 remain In fuil force and etfecL No modlfication of the Contract or extension of fhe term lhereof,nor any forbearance on lhe part oF the City sl�ell in any way release the Prindpel or the Surety from Ifabiliiy hereunder. Notice to llie Surety of any such modlOcaUon, extension, or forbearence is hereby waived. IN WITNESS WHEREOF, the aforesaid Prinapal and Surety have executed this instrumenf and affixed their seals hereto,lhis 24tn day oi Auqust .20'12 In the ptesence of. WITNESS: N/A (SEAL) (indfvidual Principal) (Business Address) Geppi SIroe16 Slqs SUest SIreN and Ut�liss Impovemen�Pro18a B3 Spe No.t 1.10 (CiryJSlatel2ip Code) WRNESS: Argonaut Constructors �' �SEAL) �"(�Lorpora� ipal) µ( I ���l.. � . $Wl. 1 T7-J �/ 1� 1236 entral Avenue (Buslnesa Address) Santa Rosa. CA 95402 (Clty/State/Zip Code) ATTEST: (Corporale Principal) AfNx Corporata Seal (Business Address) (City/Stete/21p Code) ATTEST: Trave and Surety Company of America See attached Notarv Acknowledoment A� � o Surety) Corpwate sica Nowlin,Attorney-in-Fact SBaI 100 California Street. Suite 300 (Business Address) San Francisco CA 94111 (CitylSlale/Zip Code) First$500,000 @$1120,Next$224,865 @$7.85 The rate of premium on this bond is S per thousand. The total amouM o1 premium charges ia 5 Included on Performanca Rnnri .. (The above (s to be filled in by Surely Company). (Power of ANomey of persan signing for Surery Company must be attached). (CERTIPICATE AS TO CORPORATE PRINCIPAI) I f`� 6�-Y1�4�l_fk . S k.�� �l.l . certi(y that I am ihe Secretary of the corporeNon named as P�incipal in the(oregoing bond; lhat ��� L+�A-b' �- s► . g w i nl . who signed the saW bond on behalf of the Prindpal, was then �[,��� � r' L /T' _ of said corporaUon; that 1 krrow his signature,and that hls sfgneture thereto is genu�e;and thal seld bond was duy signed,sealed,a�altested to for and in behaif of seld corporal"ron by aulhority of iLs goveming body. <- �C AHix Corporate Seal Wl 1 i4 = l. /� - �lM.l� �/ � � sose r+o»ao aoea sue.0 sew swee SUeet en0 Ub'I�iea ImproremeM WoJed CALIFORNIA AGL-PURPOSE ACKNOWLEDGMENT Stute of Culifornia County ofSun Frmtcisco On August 24, 2012 beforeme, AllisonParidy ,NotaryPublic personally appeared--------------------- Jessica Nowlin --------------------------- who proved to me on the basis of sarisfactory evidence to be the person(sj whose name(�isf�subscribed to the within instrument and acknowledged to me that§gfshe/t� executed the same in�ia/hed�authorized capacity(iee�, and that by�is/her/t�€signature{a�on the inshvment the person(�,or the entity upon behalf of which the person(e) 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. ALLISON PARIDY � Commission S 7929133 Wi'fNESS m hand and o#lficial seal. i .-eiµ Notary Public -California z y z "� San Francisco County D My Comm.Expires Mar 19,2015 � Signature P[ace Notury SeulAbove WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OFATTORNEY TRAVELERS�� Farmington Casualty Company SL Paul Mercury Insurance Company Fidelity and GuarauTy Insurance Company 1}avelers Casualty and Surety Company Fideli[y and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company Uni[ed States Fidelity and Guaranty Company SL Paul Guardian Insurance Company Atlorneydn Fact No. Z25444 Ce«ieca1e N�. 0 0 4 9 9 4 9 4 3 KNOW ALLMEN BY THESE PRESENTS:That St Paul Fire and Marine Insurartce Company,Sc Paul Guazdian Insurance Company and SL Paul Mcrcury Insurance Company are corpornnons duly organized under the laws of[he State of Minnesota,tha[Fazmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of Amznca are corporalrons duly organ¢ed under the laws of the Statz of Connectsu[,[ha[Uni[ed Sta[es Fideluy and Guazanty Company is a coepora[ion duly organized under the lawc of the Statz of Maryland,�hat F�dehty and Guazanry Insurance Company is a corporation duly oraanized under the laws of the State of Iowa,and that Fidehry and Guaranry Insurance Underwnteis,Inc., �s a co(poration duly orgamzed under the laws of the Scare of Wisconsin (herem collec��vely called[he"Companies"),and[hat the Companies do hereby make,constimte and appoin[ David Alvarado,Scott Gaddy,Jeff Parkhurst,Jessica Nowlin,S. Nicole Evans,Jennifer Dirking,and Teri L. Koehler of the City of �p Fr�nricrn , State of r`,g]yff,�rF�}g ,lhev we and lawfu]Attorneyls)-m-Fact, each m the�r ceparate capac�ty if more than one�s named above,w sign,execute,sea]and acknowledge any and all bonds,recogmzances,rond�tional undertakings and o[her writmgs obligatory m the namre thereof on behalf of the Compames in their busmess of guaranteeing the fidelity of persons, guazanteeing[he perFormance of contracts and exew[ing or guazan[zeing bonds and under[akings required or permi[[ed in any actions or proceedings allowed by law IN WITNESS WHEREOF,[he Companies have caused this mstn�men[to be signed and thei[corpoa[e seals to be hereto affixed,this 92h day of August ,2012 Farmington Casualty Company SL Paul Mercury Insurance Company Fideli[y and Guaranty Insurance Company Travelers Casualty and Surety Company FideliTy and Guaranty Insurance Underwriters,Inc. 11�avelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States FideGty and Guaranty Company Sl.Paul Guardian Insurance Company s� u� �x ixs ..^ �is�q. 9�.i.�xe W*'^q Sy11V'V0 ��y���ppp��'�` �µq� J y § ��......G9 JJ�JP H!. 'p 4 �23 �(� r �6 �1ifD ..i I�.OxV0�1>!�m fy.�OPVOR9ff..�n? 9 � � ��j Z g : t. �._ :n uplNRffG+D.vL^ t1NRIf4�Q;{ ��`��" � br 7957 �1�9� �'SEAL:if ��.SSRL:p� 'cavx. � �\ xNn.� �f 1896 � � . a , u; . o � e e:. . • a c '`>�..........�y_ � ./a 'a 44 , vo 'MAMS. d a ? J � Y�VnimF.e�.� IS.AYN��,v 1r.....� r �N' Statz of Connecticut BY� J Cily of HaRlord 5S. Georg Thompso4 mor ice Pms�dw[ On [h�s the 9th day of AUCJUSf , z��z , before me personally appeared George W Thompson, who acknowledged hunself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Ftdelity and Guaranty Insurance Underwnters, Inc.. SL Paul Fire and Mazme Insurance Company, 5[ Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of Amznca,and United States Fidelity and Guaranty Company,and that he,as such,bemg authonzed so ro do. execu[ed[he foregomg instrumenf for the pu[poses therem contained by s�gning on behalf of the corpora[ions by himself as a duly authorized o�cer. In�Vitness Whereof.I hzreunto set my hand and official seal. �G'�� " `W� � • �•A:� My Comm�ssion ezp�res[he 30[h day of June,2016. * p���ps* Marie C.Tetreault,Nomry PubLc O CC�' 58440-6-11 Printed in U.S.A. WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER CERTIFICATE OF THE SECRETARY OF ARGONAUT CONSTRUCTORS I, undersigned, certify that: 1. I am the duly elected and acting secretazy of Argonaut Constructors, a California corportation (the "Company"). 2. The following resolution was unanimously adopted by at a Special meeting of the Board of Directors of the Company held on July 18, 2000. RESOLVED, that Michael D. Smith, President, and Michael A. Smith, Vice President, secretary and Treasurer, are hereby authorized and empowered for and behalf of and in the name of the Company, to prepare and submit proposals for contract work, and if awarded, to execute such agreements, surety bonds, and other documents as may be required. FURTHER RESOLVED, that Michael D. Smith, President, and Michael A. Smith, Vice President, Secretary and Treasurer, are hereby authorized and empowered to borrow money on such terms as shall be required by the lender, and to sign and deliver such promissory notes and other evidence of indebtedness for money borrowed or advanced as the lender shall require; to contract for the issuance by the lender of letters of credit and to execute such guarantees therefore, and agreements for repayment, as the lender may require; to mortgage, pledge, convey, grant, assign, transfer and deliver such insh-uments in writing or otherwise as may be demanded by the lender, any of the property of this Company to secure the payment of said notes, guarantees, agreements, and other evidence of indebtedness; and to perform all acts and deliver all instruments in writing which the lender may deem necessary to carry out the purposes. This resolution will continue in full force and effect until the parties with whom contractual obligations have been made, and lenders, shall receive official notice in writing from the Company of the revocation hereof by a resolution duly adopted by the Board of Directors of the Company. IN WHITNESS WHEREOF, I have subscribed my name this 24`h day of August, 2006 s��" �/���� c ael A. Smith-Secretary �� ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDDIYVVV) OB/29/2012 GRODUCEH Lxc qos293�o i-als-356-3989 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood vartnere xnaurance center Isexc) ONLY AND CONFERS NO RIGHTS UPON THE CERTIPICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 135 tnain Street, 2ist Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco, CA 94105 i.ori Perry INSURERSAFFORDINGCOVERAGE NAIC# INSURED INSURERA WAQSAU UN�E[2WAIT&RS INS CO 26042 Argonaut Conetructors INSURERB NAVIGATORS INS CO 4230'/ P.O. Box 639 INSURERC San[a Rosa, CA 95402 INSUREftD INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED.NOTlMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NhiICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS,E%CLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRADD' pOLIGYNUMBER PpLICYEFFECTVE PpLICYE%PIRATION LIMITS LTR 1+ � X GENERpLLIA8ILITY YVJ291456629012 04/O1/12 04/O1/13 EACHOCCURRENCE 51,000,000 IX COMMERQALGENERALLINBRIrv PREMISES Eaoccurence 5300,000 �CLAIMSMADE � OCCUR MEDE%P(Anyoneperson) 510,000 PERSONALBA�VINJURV 5 1,000,000 GENERALAGGREGATE SZ•�D0,000 GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS-COMP/OPAGG bZ•000,000 POLICY X PRO- LOC A X nUTOMOBILELIABILITV ASJ291456629022 04/Ol/12 04/Ol/13 COMBINEDSINGLELIMIT x ANYAUTO (Eaacudenq 51,000,000 ALLONMEDAUTOS BODILYINJURV 5 SCHEOUIEDAUTOS (Perparson) X HIREDAUTOS BOOILVINJURV 5 K NON-OVVNE0AUT05 (P¢rdcciGent) PROPERTYOAMPGE 5 (PerauiEenp GARAGELIABILItt NUTOONLV-EAACQDENT 5 ANYAUTO OTHERTHAN �ACC E AUTOONLV AGG $ H EXCESSNMBRELLALIABILItt LA12E%C909416IV 04/O1/12 04/O1/13 EACHOCCURRENCE �2,000,000 X OCCUR �CLAIMSMADE AGGREGATE 52.000,000 5 I DEDUCTIBLE 5 RETENTION 5 5 04/03/13 X �STATU� oTH- A WORNERSCOMPENSl110NPND WCJZ91456629032 04/03/12 T RYLIMIT _— EMPIOYERS'LIPBILITV ELEACHACCIDENT 51,000,000 ANY PROGRIETOR/PARTNER/EXECUTIV E OFfICER/MEMBEPEXCLU�EDi ELD�SEASE-EAEMPLOYEE 51,000�000 IIyeS.tlesaiDeuntler ELDISENSE-POLICYIIMIT 51,000,000 I SPECIALPROVISIONSbelow OTHER DESCRIPTION OF OPERATION51 LOCATIONS I VEHILLES/E%CLIl510N5 ADOED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Argonaut Constructors Job MJ-16, Gobbi S[reeC / State S[ree[, Street and Otilitiea Improvementa, Spec. No. 11-10. The City of Ukiah its officiale, employees and volunteers are named ae additional inauzede aa reepecte to general liability on a primary and non-contributory baeie and additional insured as reepecte to automobile liability pe endoraesen[ attached. Waivez of subrogation applies to workers' Compenetation per endoraement atGached. CERTIFICATE HOLDER CANCELLATION 10 DAYS Noc FOR NON-PAYM&NT oe PREMIUM SHOULD ANV OF THE PBOVE�ESCRIBED POLICIES BE CPNCELLEO BEFORE THE E%PIRATION City oE ➢kiah OATE THEREOF,THE ISSUING INSURER WILL ENDEAV00.TO MAIL 3� DAYS WRITTEN Dept. Of PUbl SC WOikB NOTICE TO THE CERTIFICATE HOLDER NAMED TO 1HE LEFf,BUT FAILURE TO DO 50 SHALL IMVOSE NO OBLIGAl10N OR LIABILITY OF pNY KIND UPON THE INSURER,ITS AGENTS OR 300 Seminary Avenve REPRESENTI�TIVES. /) Ukldh� CA 95482-5400 USA AUTHORIZEDREPRESENTATIVE � C�" �' ACORD 25(2001I08)dorat �OACORD CORPORATION 1988 28'/94518 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 certifcate 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 representatrve or producer, and the certifcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001/08) } Policy number yyJZ91456629012 TFIIS ENDORSEMENT CHANGES THE POWCY. l'LEASE READ IT CAREFULLY. Additional Insured -Owners, Lessees or Contractors-Compieted Operations This endorsement modifies insurance provided under the (ollowing: COMMERCIAL GHNERAL LIAHILITY COVERAGE PART Section 11 -Who Is An lasured is amended to include as au additioual insured the person(s)or organization(s) shown in Lhe Schedule, but only with respect to liability for"bodily injur�'or"property damage"caused,in whole or in part,by"yow wwk" at the location designated and described in the schedule of tlus endorsement pedormed tor that additional i��ed and included ia the "products•completed operations hazard". Schedule Name Of Additional lacured Person(s) Loralion And Des�iption Of Compleled Uperations Or Organization(s) ALL LOCATIONS WHERE YOU HAVE The CiTy of Ukiah i[s officials,employees and volun[eers COMPLETED WORK FOR THE ADDITIONAL INSURED. Cop}Tlghl,ISO Properties, Cne,2004 CG 20 37 07 04 07•04 POttC}' nVfl7bCf YVJZ91456629012 T[175 ENAOItS7sCvIEfVT CiIANG�S THE eOT.ICl'. PLEAS6 l2EAD IT CA[tEE'IJLI.Y. Addilional Insured �owners, l.essees or Contractors= Scheduled PerSon or Organizat(on This cndorscmcnf modiGcs insurancc provided undcr thc fo(towing: GOMMHR.CTAL(;ENERAL LirkBILITY COVERACE PART A. Section Ii- Who Is An Snswcd is amcndcd[o includc as an addilional insurcd lhc person(s)or organization(s)shown in thc Schcdule, but only�vith respect to liability Cot 'bodily injury","property damage"or"personal and advertising injuiy' caated,in Whole ot ia part,by, 1. Your acls cr oncissions; or 2. The acts or ami3sions bF�5osc acting on yow behlif; in Iht performancc of your ongoing operations for the additional insurcd(sy atlhe location(s)designaled a6ovc. B. Wi[h respcc[[o Ihc insurancc affordcd to�hcsc addition3l insureds,t6c following additional cxclusiona app�y: 'i'his insuranec docs not apply to'bodily injur}�'or'property damage'occurring akcr: 1. All work,inc]uding m8tarials,parls or equiprnent Fumis6cd ia ronrtcctio3t withsvcir wotic,on IhC project(other than servicc,maintenance or rcpairs)to be performcd byor on tithalfof the additional insurcd(s) at Ihc 2ocation oFthc covcrcd operations has bcen completed; or 2. ThaC portion of"y6w work"out of which the iajury or damagc aziscs has been put lo iGS inicndcd ute by any person or organization othor than anWLcr wntractor or subcontractor cngagcd in performing operations for a principal as a part ofthe same project. Schedule Name Of Additional Iosured Person(s} l.ocalion(s} Of Cbvered Operatiotts Or Organization(s) ' ALL IACATIONS AS REQUIRED B7L WRITTEN CONTRACT OR AGREEMENT The City of Ukiah its officials,employees and volunteers ENTERED INTO PRIOR TO AN "OCCURRENCE" OR OFFEN3E. Copyright,ISO Properiics,Inc.,?A44 CG 2o ia o7 oa 07•Q4 Policy Number: WJZ91456629012 Issued by Wausau Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: The City of Ukiah its officials,employees and volunteers If you are obligated under a written agreement to provide Iiability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the liability insurance will apply, this insurance shall be excess over any other valid and collectible insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis. Condition 4 Other Insurance of Section IV is revised accordingly. LD 2410 06 '11 �O 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY#: ASJ291456629022 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective: on/oiiiz Countersigned By Named Insured: �� �f=`� Atgonavt Conatiuctore Authorized Re resentative SCHEDULE Name of Person(s)or Organization(s): The City of Ukiah its oflicials,employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the eMent that person or organization qualifies as an"insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 , . �VAIVER OP OUR}tIGI�1T TO l2ECOVER FRONI OTHERS LFDORSEMENT-CAL1rORNIA 'I'his endorsement changes tlie policy to which it is attached effecdve on inceplion date of the policy unless a differei�t dare is uidicated belo�i�. (7 ht fo1loN�in�"atlnching clanse'necd be complcta��n]y�vhen 16is cndmscment is issued s�bsequenl to prry.na�ion of ihc puhcy.) Tliisendorsemenl,effective12;01AM 04/01/12 fpnnsapartOfPolicyNo.WCJZ91456629032 lgsuedio:Argonaut Constructors By� Wausau Underwriters Insurance Company PI'01A)UN: �CL We I�a��e the right ro recover onr pa�nnents from anyone IiaUle for an injury covered by this polic��. We will not enforce oar right against H�e person or organization natned in tUe Schedule. (Tltis agreeme�it applies only to tl�e estznt that you perfoi7n work under a written contract that requires you �o obtam this agreement fiom us). You rvust�naintain payrolirecords accurately segregating Uie remimeration ofyour employees while engaged m tl�e work described in the Schedule. Tl�e addi[ional premium for this endorsement sl�al]be + of the Califomia workers'compensation premiwn otlienvise due on such remuneration. Schedule Pcrsm� or Organization The City of Ukiah its of5cials,employees and volunteers WC 04 03 06 Countersigned by ��-` �''��' (Ed.4-84) Authorized Represe�tative