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HomeMy WebLinkAboutCalifornia Pavement Maintenance Company, Inc. 2017-09-25u CITY OF UKIAH Mendocino County, Califomia AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS Specification No. 17-10 THIS AGREEMENT, made this 25th day of September 20 17 , by and between the City of California Pavement Ukiah, Mendocino County, California, hereinafter called the City and Maintenanr.P Company hereinafter called the Contractor, WITNESSETH WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH Article 1. Work to be Done and Contract Days Allowed That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within thirty (30) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 46 Spec. No. 17-10 Article Il. 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 Contractors 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 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 47 Spec. No. 17-10 has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (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 SERVICE ROADS 48 Spec. No. 17-10 Article IV Parts of th 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 r� Z day of $ ,, 20 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: iiia reeneyiuorp. Secretary Title: Bruce Taylor / Vice President The foregoing contract is approved as to form and legality this -1-414da of 1 " y , Zo 17 G CITY TTO Y, CI VT Ut 1yKIAtj SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 49 Spec. No. 17-10 NAME OF BIDDER: SPEC tf: PROJECT NAME: CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC. 17-10 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS une # DESCRIPTION UNIT OF MEASURE oUANTny UNIT PRICE EXTENDED PRICE 1 Traffic Control LS 1 $ 7,000.00 $ 7,000.00 2 Slurry Seal SY 91,947 $ 1.20 $ 110,336.40 3 Solid Double Yellow 4" Painted Traffic Striping LF 140 $ 2.10 $ 294.00 4 Solid White 8" Painted Traffic Striping LF 70 $ 2.10 $ 147.00 5 Broken Yellow 4" Painted Traffic Striping LF 6,575 $ 0.53 $ 3,484.75 6 Pavement Markings LS 1 $ 14,6000.00 $14,600.00 7 Blue Reflective Pavement Marker EA 45 $ 5.25 $ 236.25 TOTAL BID ==>> $ 136,098.40 We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of C—X- >T IZT" 20 I-7 Licensed in accordance with an ct roviding for the registration of California Contractors License No. '�74S14 expiration date THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number: IQQ�}Qp SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 36 Spec, No. 17-10 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on September 25 by and between the City of Ukiah (Ukiah) and California Pavement Maintenance Company 20 17 (Contractor). Contractor is performing work per Specification No. 17-10, Slurry Seal of Local Streets & Airport Service Roads for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: TITLE: Bruce Tavlor / Vice President SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 50 Spec. No. 17-10 CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS Specification No. 17-10 THIS AGREEMENT, made this 25th day of September 20 17 , by and between the City of California Pavement Ukiah, Mendocino County, California, hereinafter called the City and Maintenance Gnmpany hereinafter called the Contractor, WITNESSETH WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within thirty (30) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 46 Spec. No. 17-10 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 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 47 Spec. No. 17-10 has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (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 SERVICE ROADS 48 Spec. No. 17-10 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 & 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 ?S day of 5 ( r 20_1_1_ CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By. CI AGER, CSIF UKIAH Attest: CITY CLERK, CITY OF UKIAH By: Attest: /L1-11 Tina B Feeney/Corp Secretary Title: Bruce Taylor / Vice President The foregoing contract is a 1 / e9 9 approved as to form and legality this `qday of �� Ge ✓ 20 17 CITY ATT N CITY COP UK AH SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 49 Spec. No. 17-10 NAME OF BIDDER: SPEC #: PROJECT NAME: CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC. 17-10 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS U a DESCRIPTION UNR OF MEASURE QUANTRY UNIT PRICE EXTENDED PRICE 1 Traffic Control LS 1 $_Z,000.00 $ 7,000.00 2 Sl Slurry Seal SY 91,947 1.20 $ 110,336.40 3 Solid Double Yellow 4" Painted Traffic Striping LF 1402.10 $ 294.00 4 Solid White 8" Painted Traffic Striping LF 70 $-2.10 $ 147.00 5 Broken Yellow 4" Painted Traffic Striping LF 6,575 $ 0.53 $ 3,484.75 6 Pavement Markings LS 1 $ 14,6000.00 $ 14,600.00 7 Blue Reflective Pavement Marker EA 45 $.5.25 $ 236.25 TOTAL BID ==>> $ 136,098.40 We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of �L—Xt,>T 20 11 Licensed in accordance withan ct roviding for the registration of California Contractors License No. '�7L-Ir� 14 , expiration date THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number: IOpQrjtnp ZLG SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 36 Spec. No. 17-10 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on September 25 Zp 17 by and between the City of Ukiah (Ukiah) and California Pavement Maintenance Company (Contractor). Contractor is performing work per Specification No. 17-10, Slurry Seal of Local Streets & Airport Service Roads for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTR BY: TITLE: SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 50 Spec No. 17-10 Premium is for contract term and is subject to adjustments based on final contract price. Bond No. 106778645 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, California Pavement Maintenance Company, Inc. dba: CPM AS PRINCIPAL and Travelers Casualty and Surety Company of America AS SURETY, are held firmly bound unto THE CITY OF UKIAH. hereinafter called the "City' in the penal sum of One Hundred Thirty Six Thousand Ninety Eight & 40/ 100 dollars i5 136,098.40 1 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 Sent ire her 25 2017 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 onginal 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 ail 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 3rd day of October 2017 In the presence of WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 51 Spec No. 17 10 WITNESS: California Pavement Mai ena Company, Inc. dba: CPM (SEAL) (Co le Prince 1) B ce Taylor 9390 Elder Cree ad (Business Address) Sacramento, CA 95829 (City/State/Zip Code) ATTEST: (Corporate Pr cipal) Affix Corporate 0 E( der Cf- (C `Seat (Business Address) SaCvzza-Y_�-k, , CA (City/State/Zip Code) Travelers Casualty and Surety Company of America ATTEST:- - ,( Q ---Affix ix Stephanie Agapoff, Attorn�-Fact(Corporate Surety) Corporate Seal One Tower Square (Business Address) Hartford, CT 06183 (City/State/Zip Code) The rate of premium on this bond is $ 6.00 per thousand The total amount of premium charges is $ 817.00 (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 t t"A A p::, �6�l�tE`t' _ certify that I am the 012_90SCE Secretary of the corporation named as Principal in the foregoing bond, that who signed the said bond on behalf of the Principal, was then `A -e - 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 verning body. Affix Corporate Seal SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 52 Spec No. 17-10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or L validity of that document. State of California County of Sacramento ) On October 3, 2017 before me, Vicky Troyan, Notary Public (insert name and title of the officer) personally appeared ----------- Stephanie Agapoff who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that #e/she/they executed the same in #i&/her/*H* authorized capacity(ie&), and that by 4i&/her/44&k signature(&) on the instrument the person(&)7or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) VICKY TROYAN K (� COAAM. #2058475 Ur y NOTARY PUBLIC CALIFORNU►Q SACRAMENTO COUNTY 0 COMIA. EXPIRES MARCH 20, 2018 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 231198 Certificate No. 0 0 7119 6 5 9 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Renee Ramsey, Richard W. Pratt. Katherine Gordon, John J. Weber, Joseph H. Weber, Melissa D. Diaz, Shawna Johnson, and Stephanie Agapoff of the City of Sacramento _ . State of California , their true and lawful Attomey(s)-in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2017 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company i f, ►trA6no6,trtD ca` t . , � °� +y 1951 r.� . X56 AL;+o'1 �`,,SBAL,:� coxK + 0 1� txn+ a �J B96 State of Connecticut City of Hartford ss. By: Robert L. Raney. Senior Vice President On this the 8th day of February 2017 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. n In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. A�00 A* �v 58440-5-16 Printed in U.S.A. Marie C. Teueault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond No. 106778645-M CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, _ California Pavement Maintenance Company, Inc. dba: CPM as PRINCIPAL and—Travelers Casualty and Surety Company of America as SURETY. are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of Six Thousand Ei;,,ht Hundred_ Four and 92/100 (u 6,604.92 ) (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated September 2—S M17 for $Iiir".Seal of T oral Streets Rr Airnnrt Service Roark i eciri atinn No 17-1n WHEREAS, said Contract has been completed and was approved on the 25th day of 5gptemher ?017 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1 ) year following completion of the Contract, then this obligation shall be void, otherwise to remain In full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sea4ed, and dated this 3rd day of Qctober .2017 California Paverpent Maintenance m nc. db • PM (Seal) BY: (Seal) Bruce Taylor (Seal) Principal Travelers Casualty and Surety Company of America (Seal) BY: lny^J -- — -- ___(Seal) Stephanie Agapoff, Attorney -In -Fact Surety SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 56 Spec No 17-10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ) On October 3, 2017 before me, Vicky Troyan, Notary Public (insert name and title of the officer) personally appeared --------"' Stephanie Agapoff who proved to me on the basis of satisfactory evidence to be the person(6) whose name(&) is/aye subscribed to the within instrument and acknowledged to me that #e/she/#" executed the same in #is/her/#�e4 authorized capacity(ie&), and that by #i&/her/#;e# signature(&) on the instrument the person(e� or the entity upon behalf of which the person(c) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature VICI TROYAN 75 NOTARY PUBUC -CALIFORNIA 0 SACRAMENTO COUNTY 0 COMM. EXPIRES K ARCH 20, 20181 (Seal) TRAVELERS Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 231198 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 007119657 KNOW ALL INIEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Renee Ramsey, Richard W. Pratt, Katherine Gordon, John J. Weber. Joseph H. Weber, Melissa D. Diaz, Shawna Johnson, and Stephanie Agapoff of the City of Sacramento . State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused thi, instrument to be signed and their corporate seals to be hereto affixed, this 8th day of February 2017 -- Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 3 RR[p aJZoaooa��t.T fv;: Jt•'rORar� ^� �� ^ �J/�\� �`�'4 �t.SBAL_i ; rANti o \�ccwu//e 'a.O� 1888 b�v TNa i. c� �• .- 1 Oy � � r/ r.._.. � •„ AIN State of Connecticut City of Hartford By: t _ Robert L. Raney, Senior Vice President On this the 8th day of February 2017 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. SWRN� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. Mane C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CITY OF UKIAH Mendocino County California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned. California Pavement Mailitenance Company. Inc dba: CPM and Travelers Casualty and Surety Company of America Bond No. 106778645 AS PRINCIPAL. AS SURETY. are held firmly bound unto THE CITY OF UKIAH. hereinafter called the City' in the penal sum of Sixty Eight Thousand Forty Nine and 20/100 dollars ($ 68,049.20 ) 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 September 25 2017 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seats hereto, this3rd_ day of October ,20 17 In the presence of: WITNESS: (Individual Principal) EAL) (business Address) SLURRY SEAL OF LOCAL. STREETS & AIRPORT SERVICE ROADS 53 Spec No 17-10 WITNESS: (City/State/Zip Code) California Pavement Mai enance Company, Inc. dba: CPM (SEAL) (Corp ate Princip Br e Taylor 9390 Eider Creek Road (Business Address) Sacramento, CA 95829 (City/State/Zip Code) ATTEST: (Corporat rincipal) Affix Corporate �o Seal (Business Address)) q (City/State/Zip Code) Travelers Casualty and Surety Company of America ATTEST: l �r�9� Affix ��„ Stephanie Agapoff,AttorneyTrn-Fact (Corporate�ourety) Corporate Seat One Tower Square (Business Address) Hartford, CT 06183 (City/State/Zip Code) The rate of premium on this bond is $__ ___per thousand. *Premium is included in the performance bond subject to adjustments based on final contract price The total amount of premium charges is $ (The above is to be filled in by Surety Company) (Power of Attorney of person signing for Surety Company must be attached) (CERTIFICATE AS TO CORPORATE PRINCIPAL) a7i kiA a, &>e certify that I am the Secretary of the corporation named as Principal In the foregoing bond that I%CLItGF 112— who signed the said bond on behalf of the Principal, was then VI 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 governing body. Affix Corporate Seal SLURRY SEAL OF LOCAL. STREETS 6 AIRPORf SERVICE ROADS 54 Spec No 17 io ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. -J State of California County of Sacramento ) On October 3, 2017 before me, Vicky Troyan, Notary Public (insert name and title of the officer) personally appeared ----""--- Stephanie Agapoff who proved to me on the basis of satisfactory evidence to be the person(&} whose name(&) is/afe subscribed to the within instrument and acknowledged to me that 4e/she/44ey executed the same in 4is/her4w4 authorized capacity(ie&�, and that by 4is/her/t4eif signature(o on the instrument the person(s� or the entity upon behalf of which the person(o 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. KY WITNESS my hand and official seal. 0 (7 VoANcnu SNOTARYPUBUC.��MSACRAMENTOCOUNTY nCOMM. O; EXPIRES MARCH 20.2018 -A Signature (Seal) TRAVELERS i�. Ij Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 231198 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 007119658 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Renee Ramsey, Richard W. Pratt, Katherine Gordon, John J. Weber, Joseph H. Weber, Melissa D. Diaz, Shawna Johnson, and Stephanie Agapoff of the City of Sacramento , State of California , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February . 2017 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company O L •r�i' � 'O. 9 .lP ............9y yJ JE �flf- ,.yy'� i�S0 7977 rostnvxtm � ' o/Z _ ftm WirpR�OAq)�,_p � � � .y Y �ct� i � � I95I � tet• SEA 4. o'I i. ' ei „ ttA�FOiD. � i! � �, 1 � JLL;� W o c wcE JS .lips >lp......-.n�� State of Connecticut City of Hartford ss. 8}, Robert L. Raney, Senior Vice President On this the 8th day of February _ 2017 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 6*iN In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. -V--N &f�-k 0- � WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT