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Home My WebLink AboutRege Construction Inc. 2019-08-08COU #1920-109 CITY OF UKIAH Mendocino County, California AGREEMENT FOR NORTHWESTERN PACIFIC RAIL TRIAL PHASE 3 Specification No. 18-04 THIS AGREEMENT, made this 8th day of August , 20 19, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Rege Construction Inc. hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within ONE HUNDRED (100) 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 NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 98 Spec. No. 18-04 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. NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 99 Spec. No. 18-04 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. 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. NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 100 Spec. No. 18-04 (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. 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 -114 to be signed by authority of their duly authorized office this '- C. day of 84.41714--S r , 20 1‘t . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: S; G A GIACOMO MAN GER, C TY OF U IAH Attest: j, l V KRISTINE LAWLER CITY CLERK, CITY OF UKIAH NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 101 Spec. No. 18-04 By: ` U4 WILLIAM REGE, REGE CONSTRUCTION INC. CONTRACTOR Title: The foregoing contract is approved as to form and legality this P" — day of 4txy «s f" , 20 I Y . DAPPORT -��/,�� CITY ATTORNEY, CITY OF UKIAH NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 102 Spec. No. 18-04 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on August 8 by and between the City of Ukiah (Ukiah) and RFGF CONSTRUCTION INC ,2019 , (Contractor). Contractor is performing work as per Spec. No. 18-04 Northwestern Pacific Rail Trail Phase 3 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, Toss, 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: NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 103 Spec. No. 18-04 Bond #: 1001048816 Premium: $41,806.00 subject to final contract price adjustment CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Rege Construction, Inc. AS PRINCIPAL, and U.S. Specialty Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of One Million Three Hundred Ninety -Three Thousand Five Hundred Twenty -Three and 00/100 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. dollars ($ 1,393,523.00 WHEREAS, the Principal has entered into a certain Contract with the City, dated August 8 , 20 19 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 9th day of August ,20 19 . NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 104 Spec. No. 18-04 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) WITNESS: Rege Construction, Inc. ATTEST: (Corporate Principal) 600 Santana Drive (SEAL) (Business Address) Cloverdale, CA 95425 (City/State/Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 105 Spec. No. 18-04 ATTEST: U.S. Specialty Insurance Company Natalie Ann Horder, Attorney in Fact (Corporate Surety) 801 South Figueroa St. Ste 700 Affix Corporate Seal (Business Address) Los Angeles, CA 90017 (City/State/Zip Code) The rate of premium on this bond is $ 30.00 per thousand. The total amount of premium charges is $ 41,806.00 (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) certify that 1 am the Secretary of the corporation named as Principal in the foregoing bond; that , who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 106 Spec. No. 18-04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 9. s 4 n4 v., v.. sit ^.t 7;•• s t a 9.t T s\ 9.t a '.4 s.. ''Qt o, CIVIL CODE § 1189 9.v.t.v. .T - V. W. s.t a.t 4 s.• 9, 4s 'A 'At 9.4 9.t s. 9.. 9.4 ',t 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 Sonoma On August 09, 2019 before me, Stacy M. Clinton, Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Ann Horder Name(s) of Signer(s) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. STACY M. CLINTON Commission # 2129252 i Notary Public - California Sonoma County My Comm. Expires Nov 3, 2019 Place Notary Seal Above WITNESS Signature OPTIONAL and official seal. Signat re of Notaty Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — E Limited ❑ General Individual IA Attorney in Fact ❑ Trustee O Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4 �.. '4\ ' 4 9 4 ✓4 ✓S�, 44,4./ '4 ✓4 4 ✓4 4 4,4 b4 /4 4,4 4 ✓4 d" - ✓4 4,4 ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 LiltTOKIO MARI NE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Natalie Ann Horder its true and lawful Attorney-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on its behalf: Surety Bond Number: 1001048816 Amount of Bond: See Bond Form Principal: Rege Construction, Inc. Obligee: City of Ukiah This Power of Attorney shall expire without further action on September 25th, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18th day of December, 2017. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California County of Los Angeles ```o0YAC...... , �"p�1DIN'Cc 4,t..SURFj� .``�9\ .%•1 4. 1- r?.*00 . Qg7) S 'y�' Toss: >c'Oi%ijrn7i,. /%��1_�a ? By.,P ,s;.... ,:,.., ,� °- /:., .,,: _,= �, s Dan P. Aguilar, Vice President 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. On this 1 8th day of December 2017, before me, Patricia Kanegawa Perez, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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) 1 z 1 PATRICIA KANEGAWA PEREZ COMM. #2125219 z Notary Public - Cslifcmia Lai Angeles County It Conan Ett iron 2019/ I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 9th day of August , 2019 �a1p„OR,pq„ o tT 4 aIWIum,,,,, Ta„.uua MCTO , . `�`Opp�NC. C:. `ag SU{: r�i ��o`'\rt3Warrr'i��ri �n�Wy f ,♦ot a �T/ ~ moiK,: ?£iyj.i .160-'s n? S� , o}3.1' 4u INCORPORATED jz<_-Xr=we) 0=aC?i`,'. SEPT.7;9990!n3 VYdti , ;acs nnuwnP 4Wmnlq` .gn,nmUUT,,,,,, Corporate Seals Kio Lo, A :nt Secretary HCCS POAC O N S O L E O O N D S P 2017.12 Bond #: 1001048816 Premium: Included in the Performance Bond CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Rege Construction, Inc. , AS PRINCIPAL, and U.S. Specialty Insurance Company , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of One Million Three Hundred Ninety -Three Thousand Five Hundred dollars ($ 1,393,523.00 Twenty -Three and 00/00 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 August 8 , 2019 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 9th day of August ,20 19 NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 107 Spec. No. 18-04 In the presence of: WITNESS: WITNESS: ATTEST: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) Rege, Construction, Inc. (Corporate Principal) 600 Santana Dr (Business Address) Cloverdale, CA 95425 (SEAL) (City/State/Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 108 Spec. No. 18-04 ATTEST: U.S Specialty Insurance Company L Affix Natalie Ann Horder, Attorney in Fact (Corporate Surety) Corporate Seal 801 South Figueroa St. Ste 700 (Business Address) Los Angeles, CA 90017 (City/State/Zip Code) The rate of premium on this bond is $ Included in Performance per thousand. Bond The total amount of premium charges is $ See above (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) certify that 1 am the Secretary of the corporation named as Principal in the foregoing bond; that , who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal NORTHWESTERN PACIFIC RAIL TRAIL PHASE 3 109 Spec. No. 18-04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v.< wt vs v. v. v.• s.• w v. v. v. wt w =tet w -ss• w< w Tt CIVIL CODE § 1189 Wt w w wt w t w w w w ws w wt w w w 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 Sonoma On August 09, 2019 before me, Stacy M. Clinton, Notary Public } Date Here Insert Name and Title of the Officer personally appeared Natalie Ann Horder Name(s) of Signer(s) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. STACY M. CLINTON Commission # 2129252 �. Notary Public - California z z ' p Sonoma County M�r Comm. Expires Nov 3, 2019 C Place Notary Seal Above WITNESS mand official seal. Signature OPTIONAL of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee a Guardian or Conservator ❑ Other: Signer Is Representing: si %4 4 -,', ✓... y, . • y4 ✓4 ✓., - e'4 e'4 er4 ✓4 . ✓4 4 ✓4 ,. 4 •✓4 4 ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Natalie Ann Horder its true and lawful Attorney-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on its behalf: Surety Bond Number: 1001048816 Amount of Bond: See Bond Form Principal: Obligee: Rege Construction, Inc. City of Ukiah This Power of Attorney shall expire without further action on September 25th, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this l81h day of December, 2017. State of California County of Los Angeles SS: AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY °tip ----..1 , `. N--4",0. ` SSUR ;.o"` 1nsu.a ,,,, a.,, .;p o .-,,,, • .O % ?,�P:'- tom„ ' �"' �```,ooi;'' '•..0 s =gi 91Co9roAATEo 1-='xr y•znia fill Ili ;_= �, osgoi 1� �= B chi SEPT. 23.1990 <;W� 1Z=Wi f//, •a__Vli Y/\' j57 Y• a"'� .ongi °r ft_ '�•• ` c - - - i its • 0 q p�l �Fp0.N`°��`"```` '''l'TTF pFj� P`` ''�'rnrn.. *..,m`°r��'•.„„,,,,,,,,,,o, ••• :0 Dan P. Aguilar, Vice President 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. On this 181'' day of December 2017, before me, Patricia Kanegawa Perez, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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) 0 i PATRICIA KANEGAWA PEREZ COMM. #2125219 z Notary Public - Califcmia Los Angeles County CCM. Expires See26.,_ 25, 2019 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 9th day of August , 2019 . Corporate Seals O �J a�p►.CTOgs�,t,, : NDING • �.�.SS .....,, ��`�y.tn0�raq. V} OCOIIPOIIATEO�`tir `Ktr lD1 4 - ,. . yQ �'? �- + cacti sEPr.2s.1990 r-cewq ��'j •v'=pit � F„= °ju�LIF00./,so`��`ma: 'PA � .T..c3 �TFOF6'P... ...„.N`P`4•.. S - -. Kio Lo, A nt Secretary HCCS POACONSOLE B O N DS P2017.12 CONTRACTOR/SUBCONTRACTOR WORKER CLASSIFICATION The California Department of Industrial Relations (DIR) requires a registration number for all contractors and subcontractors who perform work on public works projects as defined in Labor Code Section 1720. No contractor or subcontractor may be awarded a contract, on a public works project, unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5. Additionally, contractor and subcontractor are required to furnish electronic certified payroll record to the Labor Commissioner. Revise and resubmit if changes occur with subcontractors during project. Project No. Project Title Prime Contractor (All fields must be completed) Name of Prime Contractor e.e. C�nskYV CA-o�.,=1.!►s- Prime Contractor's License Number 7$1oa53 Prime Contractor's DIR Registration # Joa00035Sc� Mailing Ad (Street Number or P.O. Box) (90o Sa A-OVIV. Zr- . City eiova- a.I.e State OA- Zip Code 95425 Prime Contractor's Telephone Number 7o1 8A N 5 I g 3 Prime Contractor's Email Address �l ambear-Q rile, o..• c, Project Manager (Nammee)�J� p Z.L c�h 1`-e f.. Project Managers Email Address L� Project Managers Phone /Number % / , ZQ ®extt,uonsTTJ:,row.L't7lA/l {oma%3jS 3' t, Prime Contractor's Worker Classifications (select classifications that apply) ❑ ASBESTOS ❑ CARPET/LINOLEUM ❑ ELECTRICIANS ❑ LABORERS ❑ PILE DRIVER ❑ SHEET METAL ❑ TILE WORKERS ❑ BOILERMAKER ❑ CEMENT MASONS ❑ ELEVATOR MECHANIC ❑ MILLWRIGHTS ❑ PIPE TRADES ❑ SOUND/COMM ❑ BRICKLAYERS ❑ DRYWALL FINISHER ❑ GLAZIERS MINIERATING ENGINEER ❑ PLASTERERS ❑ SURVEYORS ❑ CARPENTERS ❑ DRYWALL/LATHERS ❑ IRON WORKERS ❑ PAINTERS ❑ ROOFERS ❑ TEAMSTER ❑ Check this box to indicate there are no other subcontractors and agree to report any subcontractors if used while providing services to City of Ukiah. Subcontractor 3: (All fields must be comp eted) Name of Subcontractor OANAL,\ N - Cint Subcontractor's License Number 10317611 Subcontractor's DIR Registration Number ) 0000 S3PG61 Mailing Address (Street Number or P.O. Box) 1 q65 2 f-li rS ,h C;.. City Ok" cUrson State C Nk Zip Code g1L.003- Subcontractor's Telephone Number 5a3 3 L 40o 3 Subcontractor's Email Address (or r-eaect. a,Utkle. bkk Work to Be Performed Siv.i P; n G Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) Work to Be Performed r)c,i r)_n MASONS MECHANIC TRADES MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • BRICKLAYERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS • DRYWALL FINISHER • DRYWALL/LATHERS • ELECTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS • GLAZIERS • IRON WORKERS El/LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • OPERATING ENGINEER • PAINTERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • SURVEYORS • TEAMSTER • TILE WORKERS Subcontractor 4: (All fields must be comp eted) Name of Subcontractor QrrouJ- nCAI11c Subcontractor's License Number 5g 501 -ii Subcontractor's DIR Registration Number l0000 62ao65 Mailing Address (Street Number or P.O. Box) J City CO. ?Q., I (a State C 11} Zip Code 95q/e. ?d. 30,c '.6Z5" Subcontractor's Telephone Number 101 kaS I IEr Subcontractor's Email Address W rO rex, ce-&Soybe lit- Work to Be Performed r)c,i r)_n Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS • EL CTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS `CJ LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TILE WORKERS Prime contractor is to provide a listing of all sub -contractors who have a direct contractual relationship. (Only one subcontractor can be listed per trade). Subcontractor 1: (All fields must be completed) Name of Subcontractor ZeYiri c,2n Zi Subcontractor's License Number Vic) F; Subcontractor's DIR Registration Number 100000 11 2-v Mailing Address (Street Number or P.O. Box) City .)1C eAk. City Sr v 1TA moo. State C VA' Zip Code 9s i-oq 3a-7 V Th.) -Won Pt -Y -e, Subcontractor's Telephone Number 767 5 ", f/ _ 5111 1�-lSubb-Contractor's Subcontractor's Email Address ino. Q. C�(e-v:r) CPXJ2' , COUA Work to Be Performed Cc7rGrcC,A'G Lrk _ Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER 0 -CARPENTERS • CARPENTERS • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPET/LINOLEUM • CEMENT • CARPET/LINOLEUM I3"6MENT • DRYWALL FINISHER • DRYWALL/LATHERS liEK2ON WORKERS • ELECTRICIANS • ELEVATOR • ELECTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS • LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS EPILE DRIVER • PIPE • PLASTERERS • ROOFERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TILE WORKERS • TILE WORKERS Subcontractor 2: (All fields must be comp eted) Name of Subcontracto' Z=hn Si -tit 1 S YY) acll;yr2_ Subcontractor's License Number 631 q W Subcontractor's DIR Registration Number 100000 go 10 Mailing Address (Street Number or P.O. Box) N.Q0 'IQ 1., , Lk- . City .)1C eAk. State CYC Zip Code 9 50 $2_ Subcontractor's Telephone Number "l 0-1 rev & S Subcontractor's Email Address a0,61sal Sakur. n Work to Be Performed r;"10, \ ciA,r Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS liEK2ON WORKERS • ELECTRICIANS • ELEVATOR • GLAZIERS • LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS EPILE DRIVER • PIPE • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TILE WORKERS Subcontractor 5: (All fields must be comp eted) Name of Subcontractor, Si -r -4--"C, U%)��; cAst c. csc44r Subcontractor's License Number q"155, Subcontractor's DIR Registration Number ! 00 oaan0 9 Mailing Address (Street Number r P.O. Box) 1 1O Csr0br; L.. C,fi, City F -0,;(-c; e l c( State C1t Zip Code 9i/s33 Subcontractor's Telephone Number 70-1 SCP 4 g95a Subcontractor's Email Address Sh c, m rn-e 6) S f s Work to Be Performed GCfMAcnc- �CtiiOn �}reC, S1 Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS • DRYWALL/LATHERS • ELECTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS • IRON WORKERS EJ LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • PAINTERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TEAMSTER • TILE WORKERS • TILE WORKERS Subcontractor 6: (All fields must be comp eted) Name of Subcontractor Cr.. G I fn' C, Subcontractor's License Number 8149 6134-{ Subcontractor's DIR Registration Number 1 a o a 0 95 Mailing Address (Street Number or P.O. Box) ;t.f., (4(kt, S. City c.' o+f; State C,11- Zip Code 54'igi3/ 0 e2 3 CsraL/2ra S i -i Subcontractor's Telephone Number 1 9 g a 0 ) 4 i Subcontractor's EmEil Address fncoo.x.1 CARL-irk-yourko►M Work to Be Performed (frxt t 6 rmSmm. not Z2fn.Cor Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS inTECTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS • LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TILE WORKERS Subcontractor 5: (All fields must be completed) Name of Subcontractor —1--v11 (Dy)svIT, npV,u\G-if Subcontractor's License Number u hi. f 000 o aggk Subcontractor's DIR Registration Number Ipooc7 9.4-/q U0 Mailing Addressreet Number or P.O. Boxr I to So N( . L', n cc 14 Sk , Sv :ic, Y1 City O; x,� n State CIA Zip Code g 5(y 2C Subcontractors Telephone Number -1T1 CA3 1 q LI Subcontractor's Email Address es -kr sktin� C -61/ Work to Be Performed ti3Pc.,9 sc,Y-R-p Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS • ELECTRICIANS • ELEVATOR • GLAZIERS • ELECTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS ` BORERS • MILLWRIGHTS • OPERATING ENGINEER • LABORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • PILE DRIVER • PIPE • PLASTERERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TILE WORKERS • TILE WORKERS Subcontractor 6: (All fields must be comp eted) Name of Subcontractor Subcontractor's License Number WeXA ' 1.-akndCACIA?►nod ?ii4 Loo Subcontractor's DIR Registration Number f 000 o aggk Mailing Address (siret Number or P.O. Box) �J .o. %C4 ,NN q City Coit; State CIt Zip Code glig 3/ Subcontractors Telephone Number 1015'g -1 Subcontractors Email Address 11;c,1c-@,r>e..ntjnd cIt.ee iMLthVIGISC.A1):n Work to Be Performed Sub -Contractor's Contractor's Worker Classifications (select classifications that apply) MASONS MECHANIC TRADES • ASBESTOS • BOILERMAKER • BRICKLAYERS • CARPENTERS • CARPET/LINOLEUM • CEMENT • DRYWALL FINISHER • DRYWALL/LATHERS • ELECTRICIANS • ELEVATOR • GLAZIERS • IRON WORKERS ` BORERS • MILLWRIGHTS • OPERATING ENGINEER • PAINTERS • PILE DRIVER • PIPE • PLASTERERS • ROOFERS • SHEET METAL • SOUND/COMM • SURVEYORS • TEAMSTER • TILE WORKERS COVERAGES CERTIFICATE NUMBER: 00000000-1991777 REVISION NUMBER: 14 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP IMMIDDIYYYY) UNITS A X COINAERCIAL GENERAL LIABILITY Y Y DT22-CO-5D471493 10/18/2018 10/18/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR AGE TO PREM SES (EaENTED occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL aADVINJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY JEiCOT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER $ A AUTO MOBILE LIABILITY Y Y DT -810-5D471493 10118/2018 10118/2019 ( I�gdeM) INGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) 8 OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ _ $ A X UMBRELLA LIAB X OCCUR Y DTSM-CUP-5D471493 10/18/2018 118/219 EACHOCCURRENCE0/0 $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED 1 RETENTION$ $ WORKERS COMPENSATION Y DTJ-UB-5D471493 1aov2o18 1ao1rm19 PER OTH- X STATUTE ER ER AND EMPLOYERS' LIABILITY Y / N ANYIPROPRIE E.L. EACH ACCIDENT $ 1,000,000 ERPARTNER/EXECUTIVE OF(Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Pollution Liability G27918980 004 10/27/2018 10/27/2019 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) Northwestern Pacific Rail Trail Phase 3 The City of Ukiah, its officers, officials, employees and volunteers are named as additional insured under general and auto liability arising out of the services and operations provided by the named insured as per attached endorsement forms CGD3161111, CAT4200710, WC990376 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/09/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aslan Insurance Agency, Inc. 2455 Bennett Valley Road, Ste. 103C Santa Rosa, CA 95404 License #: 0614510 INSURED Rege Construction, Inc. 600 Santana Drive Cloverdale, CA 95425 NTACT AME: Susan Weber PHONE IA/C No Ext) (707)576-1713 � E-MAIL ADDRESS: susan@aslanlnsurance.com INC. No): (707)576-1728 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Travelers Property Casualty INSURERB: Westchester Insurance Company INSURER C : INSURER D INSURER E : INSURER F CERTIFICATE HOLDER CANCELLATION City of Ukiah 300 Seminary Dr Ukiah, CA 95482 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 /AUL/11A— (SEW) ACORD 25 (2016/03) i © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by SEW on August 09, 2019 at 11:22AM POLICY DT22—CO-5D471493 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY CG D3 16 11 11 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. Page 2 of 6 C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. 0 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 3. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section 11 — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION 11— WHO IS AN INSURED: CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION 1I — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. Page 4 of 6 H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS The following is added to SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required c. 0 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11— Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (1) A partner or member of any part- nership or joint venture; CG D3 16 11 11 (3) COMMERCIAL GENERAL LIABILITY (11) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: c 2011 The Travelers Indemnity r'mmnanv All rinhts rPCPrVPri Pang. F of R COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury' or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: Page 6 of 6 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. © 2011 The Travelers Indemnity Comoanv. All rights reserved. CG D3 16 11 11 Policy QT -810-5D471493 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. B. C. D. E. F. G. BLANKET ADDITIONAL INSURED EMPLOYEE HIRED AUTO EMPLOYEES AS INSURED SUPPLEMENTARY PAYMENTS —INCREASED LIMITS TRAILERS — INCREASED LOAD CAPACITY HIRED AUTO PHYSICAL DAMAGE PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured' for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while CA T4 20 07 10 H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: © 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual Toss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 3 (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION I11 — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) in or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. © 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" Tess the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and CA T4 20 0710 COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not retumed by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. © 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS) ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: (DTJUB-5D47149 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 03.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by POLICY NUMBER: UMBRELLA ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE SCHEDULE Name of Person(s) or Organization(s): SEE CG T8 00 We waive any rights of recovery we may have against any person(s) or organization(s) shown in the Sched- ule above because of payments we make for "bodily injury", "property damage", "personal injury" or "adver- tising injury" arising out of: a. Premises owned by you, temporarily occupied by you with permission of the owner, or leased or rented to you; b. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; UM04690408 c. "Your work" or "your products" within the "prod- ucts -completed operations hazard"; or d. The "auto hazard". We waive these rights only where you have agreed to do so as part of a written contract or agreement en- tered into by you before, and in effect when, the "bod- ily injury" or "property damage" occurs, or the "per- sonal injury" offense or "advertising injury" offense is committed. The waiver applies only to the person(s) or organiza- tion(s) shown in the Schedule above. © 2008 The Travelers Companies, Inc. Page 1 of 1 TO: SUBMITTED DATE: PROJECT CONTRACT APPROVAL & AUTHORIZATION TO NOTE: The City Manager will sign contracts once all initials have CITY MANAGER CONTRACT PROCEED 1 been signed. #: J G 2 O 1 Oc, BY: Se_.. -0,\ S-.Cc..c -e v. E—c 4i - O —2. — A NAME: QC%A Trc.: l f .s 3 sc.L Initial Below Initial CHECKLIST & ROUTING FOR APPROVALS REVIEWED AND APPROVED BY 1. Procurement Manager Sourcing method and justification (attach documentation if necessary): )fr /7S" City Council Approval Date: S--7- ( G ` Agenda Item No.: J2c_ Budget No(s).: 51 (242(0. S0230.170(1. Note: Please attach post meeting staff report showing approval, and any documentation or description showing funding. 2. City Attorney Note: If you have an email approval from the City Attorney, then you may attach a copy of the email and reference it in lieu of initials. v a ie 3. Risk Manager Note: Attach insurance documents. 4. City Clerk �c ADDITIONAL COMMENTS: http://inet/risk/Contracts/Forms/AllItems.aspx City of Ukiah Agenda Item No.: 12c MEETING DATE/TIME: 8/7/2019 PEAK ITEM NO: COU -762-2017 AGENDA SUMMARY REPORT SUBJECT: Award of Bid to Apparent Low Bidder in an Amount to be Provided for the Northwestern Pacific Rail Trail, Phase 3 Specification No. 18-04, and Possible Budget Amendment. DEPARTMENT: Public Works PREPARED BY: Andrew Stricklin ATTACHMENTS: None Summary: Council will consider awarding a contract to the apparent low bidder in an amount of to be provided for the Northwestern Pacific Rail Trail, Phase 3, Specification No. 18-04 and, if necessary, approve a corresponding budget amendment. Background: The NWP Rail Trail Phase 3 will extend the existing rail trail (Phase 1) from Clara Avenue north to Brush Street, and will include a bridge crossing over Orr Creek. Staff obtained a California Natural Resources Agency grant in the amount of $1,400,067 through the Urban Greening Program for the design and construction of this project. This project completes the Rail Trail to the north boundary of the city limits. Discussion: On May 1, 2019, Council approved the Plans and Specifications for the Northwestern Pacific Rail Trail, Phase 3, Specification No. 18-04, and directed Staff to advertise for bids; the Engineer's Estimate was $1,244,745. Bids were released on July 12, 2019, and will be opened on August 5, 2019. RECOMMENDED ACTION: Award of bid to apparent low bidder in an amount to be provided for the Northwestern Pacific Rail Trail, Phase 3, Specification No. 18-04 and, if necessary, approve budget amendment. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 51124210.80230 PC17034: $902,209.51 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Public Works Director/City Engineer; Andrew Stricklin, Public Works Management Analyst; Mary Horger, Procurement Manager Approved: S e Sal �Y , gi ontoC' Manager 9 9 This project is being presented to Council immediately after award in effort to take advantage of this construction season. With the opening of bids after the time of this report, staff will provide a copy of all submitted contractor bids and identify the apparent winning low bid, as well as an award recommendation. With an Engineer's Estimate of $1,244,745, and dependent upon what amount the bids come in at, it may be necessary to authorize a budget amendment at the time of bid award to fully fund this project. Additional details will be provided prior to or at the time of presentation. 2