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HomeMy WebLinkAboutSierra Nevada Construction, Inc. 2015-08-26I ,S`1 U C CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING Specification No. 15 -07 ;Lt _ THIS AGREEMENT, made this 01& day of At" ' , 20 by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and 71Gf`PQ Ne-Vada Coffr '--hereinafter alled 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 W ITNESSETH: Article1. WorktobeDoneandContractDaysAllowed. 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 thirty (30) working 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. SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 48 Spec. No. 15 -07 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 employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre - qualification rating, if any and for refusing to establish, reestablish or renew a pre - qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 49 Spec. No. 15 -07 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) (g) 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. 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. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 50 Spec. No. 15 -07 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 r11 day of kW= -.t-ST , 20 1 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: Title: CITY CLERK, CITY OF UKIAH CONTRAC OR r j5 . 1-\01A- - V.es;oer∎ - c olse� (e �� - 0 CM lmU(tcum II th /► The foregoing contrapproved as to fo _ . legality thisQ.6. day of `4- `1 5 F , 20 r CITY A EY, CIT OF U AH SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 51 Spec. No. 15 -07 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on I4U. , 20 15 , by and between the City of Ukiah (Ukiah) and Sierra Rout y c otts (ttttl ('*1, ^[ntractor) Contractor is c kt 4.briatiskt yl wit v' Sea/ of Lo / S {-refits 44 14irfort Pevektik.1 Qjf S e-c r`�I Ga 0e I5 �% for Ukiah. Pr" P � 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 BY: TITLE: CFO I CC C ( SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 52 Spec. No. 15 -07 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Sierra Nevada Construction, Inc. Bond No. 906004343 Premium: $679.00 AS PRINCIPAL, and AS SURETY, Liberty Mutual Insurance Company are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City', in the penal sum of One hundred fifty one thousand and seven -- dollars ($ 151,007.00 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 copy of which is hereto attached and made a part hereof, ,20 ,a 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 10 day of August ,20 15 In the pres -nce of: WITN NIUYC�''' tr(11)2«- QCt Sierra Nevada Construction, Inc. (SEAL) (Individual Principal) Qrcu D. t4ott- 2055 East Greg J (Business Address) Sparks, NV 89431 (City /State /Zip Code) SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 53 Spec. No. 15 -07 WITNESS: (Corporate Principal) Affix Corporate Seal (Business Address) (City /State /Zip Code) C • 4-t tocAr (Corporate Principal) Affix F Corporate o55 E. G/P Sfi Seal (Business Addres' r k 5 i (3 ( (Cit, /State /Zip Code) Liberty Mutual Insurance Company /(1k n xU (Corporate Su 1001 4th Avenue #1700 (Business Address) Seattle. WA 98154 Affix Corporate Seal (City /State /Zip Code) The rate of premium on this bond is $ 4.50 per thousand. The total amount of premium charges is $ $679.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). /� �/�� (CERTIFICATE AS TO CORPORATE PRINCIPAL) ,/� I 1 �&lic 1 ► 1u1/tc( .'( certify that I am the Se etary .f th corporation named as Principal in the foregoing bond; that f ,, o� , who signed the said bond on behalf of the Principal, was then tct es% e14-r-- of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority o/its 'verninaso VIlli Affix Corporate Seal SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 54 Spec. No. 15 -07 Bond No. 906004343 Premium: Included in performance bond CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Sierra Nevada Construction, Inc. AS PRINCIPAL, and Liberty Mutual Insurance Company , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City' in the penal sum of One hundred fifty one thousand and seven -- dollars ($ 151,007.00 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 , 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 attorneys 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 10 day of August ,20 15 In the presence of: WITNESS: Sierra Nevada Construction, Inc. (SEAL) (Individual Principal) 2055 East Greg (Business Address) Sparks, NV 89431 (City /State /Zip Code) SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 55 Spec. No. 15 -07 WITNESS: (Corporate Principal) Affix Corporate Seal (Business Address) (City /State /Zip Code) ( Corporate Principal) 055 Grec St. (Business Address) S�tvl(S ' (4 W ?q 31 Affix Corporate Seal (Cit State /Zip Code) Liberty Mutual Insurance Comany (Corporate Su et 1001 4th Avenue, #1700 (Business Address) Seattle. WA 98154 Affix Corporate Seal (City /State /Zip Code) The rate of premium on this bond is $ 4.50 per thousand. The total amount of premium charges is $ Included in performance bond .. (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, Marc .( ILut-l1 , certify that I am the Se etary of the • corporation named as Principal in the foregoing bond; that r- 9 i1. L4-d i t , who signed the said bond on behalf of the Principal, was then i C � Pr e S► OC.4&f of said corporation; that I know his signature, and that his signature thereto is genuine; an . hat said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its . � ning body. Affix Corporate Seal SLURRY SEAL OF LOCAL STREETS & AIRPORT PARKING 56 Spec. No. 15 -07 STATE OF Nevada Washoe COUNTY OF On , before me, Andrea M. Cantlon (here insert name of notary) personally appeared Lori Jones (name(s) of Signer(s)) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ WITNESS my hand and official seal. 4te c-74(06f,3m ANDREA M. CANTLON Notary Public, State of Nevada Appointment No. 14- 14280 -2 My Appt. Expires Jun 11, 2018 OPTIONAL This area for Official Notarial Seal 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 form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 5/09) ALL- PURPOSE ACKNOWLEDGEMENT • THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. , . This Posher of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7028968 4-. 2 v O O C 0 O Q) !o 0 E 13 45 O Z American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Lori Jones; Nicholas D. Rossi; Patricia Owens; Teri L. Wood all of the city of Reno , state of NV each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of June 2015 AO CASE a'OR9TFp9(T 1906 oy, If S(� 1919 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company By: 7Y David M. Care ;Assistant Secretary On this 19th day of June 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA / /1 ^�sr leklny This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. n IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this t t/ day of 111 5 20 L _ Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries By:U 4 £ Teresa Pastella, Notary Public LMS_12873_122013 By: Gregory W. Davenport, Assistant Secretary 13 of 150 t5 to tn .0 to 0 N W E O. O c) 45 as O O 0) 00 _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Nary Hearron/MARY ACC) CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD /YYYY) 8/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 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). PRODUCER CONTACT Ma Hearron NAME: ry L/P Insurance Services, Inc. PHONE (775)996-6000 FAX (775) 473 -9280 300 East 2nd Street E'MAII DRE SS: mary.hearron @lpins.net AD Suite 1300 INSURERS) AFFORDING COVERAGE NAIC 0 Reno NV 89501 INSURERA:National Union Fire Insurance /PA 19445 INSURED INSURER 8 :Lexington Insurance Company 19437 Sierra Nevada Construction, Inc, INSURERC:Insurance Co of the St. of PA 19429 SNC Leasing Company LLC. INSURER D:The Hanover Insurance Grou 22292 p _.,_ P.O. Box 50760 INSURER E :Grani te State Ins. Co. 23809 Sparks NV 89435 INSURER F COVERAGES CERTIFICATE NUMBER:CL1561036077 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH ILTR1 TYPE OF INSURANCE OF INSURANCE PERTAIN, POLICIES. tNSD IwvO LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. � POLtCY NUMBER IMMIDDYEFF PM/ D YVY); LIMITS � tY$YY! {MM! 0/YYYY) I X COMMERCIAL GENERAL LIABILITY A _ CLAIMS -MADE 1 X J OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY X ' PR LOC OTHER: ? # ! Beat Rating: A XV EACH OCCURRENCE $ 1,000,000 t ANiAGE'TO RENTED I PREMISES {,Ea occurrence) , $ 300,000 3372155 7/1/2015 7/1/2016 MEDEXP (Any one person) $ 5,000 PERSONAL & ADV INJURY ffi 1,000,000 ' GENERAL AGGREGATE $ 2,000,000 PRODUCTS COMP /OP AGG $ 2,000,000 Employee aenefls $ 1,000,000 AUTOMOBILE LIABILITY X E ANY AUTO ALL OWNED SCHEDULED AUTOS I AUTOS : NON -OWNED j X HIRED AUTOS xi AUTOS I � Best Rating: A XV ! COMBINED 5isiN6LE LIMIT $ 1,000,000 (Ea accident, 3194328 BODILY INJURY (Per person) $ �- t...... 7/1/2015 7/1/2016 BODILY INJURY (Per accident) 3 $ .:...$ _._._... _._..... j (Per PROPERTY DAMAGE ; J (Per ar- ideal) UMBRELLA LIAB X ;OCCUR B x EXCESS LIAB CLAIMS MADE (JEL) X RETENTIONS 0 Best Rating: A XV EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 015681428 7/1/2015 I 7/1/2016 WORKERS COMPENSATION #028328375 X P.R Olt' AND EMPLOYERS' LIABILITY Y / N 4TATt17 - [fY. ANY PROPRIETOR /PARTNER /EXECUTIVE „— States: CO,ID,NV,OR, UT E L. EACH ACCIDENT 1 1,000,000 OFFICER /MEMBER EXCLUDED? . N I N/ A C C (Mandatory in NH) :, #028328376 1/1/2015 1/1/2016 E.L. DISEASE - EA EMPLOYEE 1 1.000 000,000 If yes, describe under DESCRIPTION OF OPERATIONS haloes State : CA E L DISEASE - POLICY LIMIT $ 1 000, 000 D Contractors Equipment Best Ratug: A XIV 7/1/2015 7/1/2016 Scheduled Equipment $5,021,362 Deductible $5,000 I64A34543501 Leased /Rented $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Slurry Seal of Local Streets and Airport Parking When Named Insured's operations are performed for City of Ukiah pursuant to a valid written contract or agreement executed by Named Insured prior to loss. In accordance with the policies listed above: Additional Insured Status is determined by attached GL Forms CG2010 4/13 & CG2037 4/13, Auto Form 87950 10/05; Waiver of Subrogation Status is determined by GL Form CG2404 5/09, Auto Form 62897 6/95, Workers Compensation Form WC000313 and WC040306; Primary and Non - Contributory Status is determined by GL Form 90533 3/06. Auto primary is determined by form CA 0001 3/10 attached. CERTIFICATE HOLDER CANCELLATION City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1NS025 (201401) POLICY NUMBER: GL 113372155 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Or_ganization(s) Location4s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be the shown In t Declarationsns . CG 20 10 04 13 4) Insurance Services Office, Inc., 201 2 Pane 1 of 2 ❑ A. Section 11 - 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. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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(sl 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ili - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1, Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc,. 2012 CG 20 10 04 13 0 POLICY NUMBER: GL #3372155 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Porson (s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Location And Description Of Completed Operations PER THE WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, If not shown above, will be shown in the Declare 113. A. Section II - Who Is An Insured is amended to include as an additional insured the personfs) 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 ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. 11 coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- CG 20 37 04 13 tional insured will not be broader than that which you ere required by the contract or agreement to provide for such additional insured. 13. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. 1) Insurance Services Office, Inc., 2012 Pagel of 1 U ENDORSEMENT This endorsement, effective 12:01 A.M. 07/01/2015 forms a part of policy No. 3194328 issued to SIERRA NEVADA CONSTRUCTION, INC. by NATIONAL UNION F i RE INSURANCE COMPANY OF PITTSBURGH , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto ". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto ". However, the insurance provided will not exceed the lesser of: (1) The coverage and /or limits of this policy, or 12) The coverage and /or limits required by said contract or agreement. ' Atborized Representative or Countersiggnature (in States Where Applicable) 87950 (10/05) Page. 1 of 1 POLICY NUMBER: GL i3372155- COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ,PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. r.e Inf ormation nuked to complete this Schedule, if not shown above, will be shown In the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: 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 opera- tions 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 05 09 0 Insurance Services Office, inc:, 2008 Page 1 of 1 ❑ ENDORSEMENT This endorsement, effective 12:01 A.M. 07/01/2015 forms a part of policy No. 3194328 issued to SIERRA NEVADA CONSTRUCTION, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 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: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whore you have entered Into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss ". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any Injured employee. THORIZED 62897 (6/95) EPRESENTATIVE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 00 03 13 (Ed, 04 -84) WAIVER' OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT • We'have the right -to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ourright 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.) $, This agreement shelf notoperete directly or indlreoliy to benefit anyone hot named iri tho Schedule, Schodul p ANY PEF ON OF OROAlIto7\11Ori WI °I1i*l i•1 Nftii'1'> td caN'rF" AcT PREMIUM FOR THIS BLANKET WAIVER OF SUBROGATION ENDORSEMENT APPLIES TO ALL OPERATIONS OF THE INSURED AND WILL BE CHARRED ^AT 2% OF TOTAL MANUAL PREMIUM DEVELOPED FOR THE STATE OF NEVADA. NO MINIMUM CHARGE APPLIES E: NEVADA BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and i0 offoclive on the dale issued unless otherwise} stated. (Tile information below is required only when this endorsement is issued suhsequenl to preparation of the policy.) Endorsement Efft clive 01- 01 -15 Policy No. 02832.8375 Endorsement No. Inured ,3t ri:e Nevada Gort6truCCjOft, Inc, 11pZ [17 F]:l [.:.: mn'±:i. [ty elf !. tt;°. , �..t is ". s' �: •:: f'7:: ti 1i.3■ilt'i.ti.t 3!3jr,r:d By WC 30 03 13 (F..d. 04.04) J Prtrriutn Included BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which It Is attached effective on the Inception date of the policy unless a different date is Indicated-below, (The (ollcoving "oltochIng clause" flood bo completed only when this onctoreernent ts Issued subsequent to proporallon or the poky): This endorsement, effective . 1-r1-2015 t o. 1-1-2016 forms a pad of Polloy No. 028328376 lasued to Sierra Dteil.ada Construction Fly, THE :INSURANCE:COMPANY OF THE STATE. OF PENNSYLVANIA We have a right to recover our payments from anyone liable ter an Injury covered by this policy. We will not enforce our right against any parson or organization with who yot) have a wAtion contract that requires you to obtain this agreement from us, as regards arty work you perform for such person or organization, The additional premium for this endorsement shell be % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by , Authorized Representative ENDORSEMENT This endorsement, affective 12:01 A,M, forme a port of policy io_ 3372155 by issued to Sierra Nevada Construction Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS, - ONGOING AND COMPLETED OPERATIONS This enrlorsomont mor/Nes Insuronco provldedl urnrlor.lhe fc /lowing; COMMERCIAL GENER`ALILIA81Lf.TY COVEf.AGE FORM The following paragraph is added to SECTION)! - WHO IS AN INSURED and applies only to persons or orgataizatibna vvo heir° addo'd 311 your poI C' as addltlonal Insureds by endorsement to comply with insurance requirements of written contract& relative to: 4) the performance of your ongoing operations for tho addltlonal incureda; ;or P),-"your work" performed for the additional insurode and included in the "products- completed operations hoznrd ": This insurance Is primary over e„y imllarinsuronoe' sv,ailable to any person or organization wo have added to . this policy oa en . additional. 'poured,. Howes/or, this insurance la primary over any other similar Insurance only if the additioniiTIrraturer iA;,deeigr♦eted as a named Insured in the Declarations of the other similar insuranm. Wo will-not require contribution: of limits 'from the other similar insurance if the insuranco Worded bylhis andoroement is primary. This Insurance Is eRoats over any other Valid and coIlectIblo Insurance, whether primary, excess., contingent or on any other basis, If It Is not printery as defined In tha paragraph above. All other torms and conditions of the policy are the eame, :10533 13/O6) Lrtiva nr States Where Pane I of 1 Policy No: 3194328 under this coverage form until: a. There has been full 'compliance with all the terms of this coverage form;.and b. Under Liability Coverage, we agree in writing that the "insured" has an obliga- tion to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an ac- tion to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss ", our payment will include the applicable sales tax for the damaged or stolen property. 5, Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to Impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "insured ", at any time, intentionally conceal or misrepresent a material fact concerning: a. [his coverage Corm; b. The covered "auto "; c. Your interest in the covered "auto "; or d. Al claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically pro- vide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Page Ft of 11 Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of "s. any other provision of this coverage form. 5.) 0 her Insurance a, For any covered "auto" you own, this coverage form provides primary Insur- ance. For any covered "auto" you don't own, the insurance provided by this cov- erage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form provides for the "trailer" is: 111 Excess while it is connected to a motor vehicle you do not own. f2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own, However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ", c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability assumed under an "insured contract ". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage -form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final pre- mium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any, The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final Premium due, the lirsi Named Insured will get a refund. b, If his policy is issued for more than one year, the premium for this coverage form will be computed annually based on our 0 Insurance Services Office, Inc., 2009 CA 00 01 03 '10 ❑