Loading...
HomeMy WebLinkAbout2008-019 Union Asphalt Del Rio San Jacinto Road Rehab CITY OF ATASCADE __ CONTRACT#—? j{I AGREEMENT For The Construction of the 2008 DEL RIO / SAN JACINTO ROAD REHABILITATION PROJECT This agreement is made and entered into this day of 200 , at Atascadero, California, by and between the City of Atascadero, hereinafter refe red to as "City", and UNION ASPHALT, INC. hereinafter referred to as "Contractor". Whereas, Contractor, as will appear by reference to the records of the Proceedings of the City, was duly awarded the contract for the Work hereinafter mentioned. Now, Therefore, it is hereby agreed that: Article 1 -Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 -The said Contractor agrees to receive and accept the price stated in the Bid Sheet(s)as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bid Security, Non-Collusion Affidavit, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance Bond, Worker's Compensation Certificate, Notice of Award, Notice to Proceed, and the project Plans and Special Provisions. In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders 5. Contract Proposal 6. Special Provisions 7. Contract Plans 8. City of Atascadero Standard Specifications and Drawings 9. State of California Department of Transportation Standard Specifications, July 2002, or the latest edition thereof. Article 5-Contractor agrees to commence work pursuant to this Contract within ten (10)working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time required by the Special Provisions. Article 6 - For any withhold of amounts earned by Contractor(under Paragraph 2), Contractor may substitute securities as provided in Section 22300 of the Public Contract Code, as amended, which states in part as follows: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to Contractor. Upon satisfactory completion of the contract, the securities shall be returned to Contractor. Alternatively, Contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by Contractor. Upon satisfactory completion of the contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. Contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of Contractor. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the public agency. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. The escrow agreement entered into must be substantially similar to the form included in Public Contract Code Section 22300(e). Contractor shall obtain the written consent of the surety to such agreement. If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this Section shall remain in full force and effect(exclusive of the illegal or unenforceable provision). In Witness whereof, the parties to these present hereunto set their hands on the date first above written. CITY OF ATASCADERO CONTRACTOR By: By: Wade G. McKinney, City Manager (nat rie of firm or indi idual) (signature) r Approved as to content: (printed name) -777 V. P. &T"e'y-"k 6v- Steven B. Kahn, City Engineer (title) Approved as to form: Brian Pierik, City Attorney tei8` 1979 CITY OF ATASCADERO 6907 El CAMINO REAL, ATASCADERO, CA 93422 Telephone(805)461-5000 *Fax(805)461-7612 AGREEMENT ADDENDUM DEL RIO/SAN ANSELMO REHABILITATION PROJECT Labor Code Requirements. 6.1 Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) 6.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 6907 EI Camino Real, Atascadero, California. 6.3 Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) 6.4 Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 6.5 Contractor shall comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. 6.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Signed: Title: t� Date: /�/�� CERTIFICATE BER "MARSH VE TIFt^ 1TCQF INS R1NCIELOS-000647411-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk&Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License#0437153 POLICY,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. Los Angeles,CA 90017 COMPANIES AFFORDING COVERAGE COMPANY 10726-UNASP-Liab-2007 A Axis Surplus Insurance Company INSURED COMPANY Taiheiyo Cement U.S.A.Inc B MITSUI SUMITOMO INSURANCE CO.OF AMERICA California Portland Cement Company ----- - -- -- - - - -- — --- — --- - Union Asphalt,Inc. COMPANY 2025 E.Financial Way CRSUI Indemnity Company Glendora,CA 91741 — — — —---— - —..--- — COMPANY D XL Specialty Insurance Company COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below, 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCR18ED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE I POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER -DATE(MMIDDIYY) I DATE(MM/DDNY) LIMITS A GENERALLIABILITY EAP704357-07 10/01/07 10/01/08 ..GENERAL AGGREGATE_ � _ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 CLAIMS MADE DX I OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT -EACH OCCURRENCE--- $ 1,000,000 X GERMM g9re9� I�e_ Pmiect_ FIRE DAMAGE(Any one fire) $ 50,000 -- ---- ----- MED EXP(Any oneperson) $ AUTBILE LIABILITY B _-{OMOBVR8402552 (Commercial Veh.) 10/01/07 10/01/08 COMBINED SINGLE LIMIT $ 1,000,000 B X�ANY AUTO BVR8402553 10/01/07 i 10/01/08 ALL OWNED AUTOS BODILY INJURY is _-1 (Per person) SCHEDULED AUTOS _ _ X HIRED AUTOS BODILY INJURY $ - I (Per accident) X I NON-OWNED AUTOS f—.--_..,_. __— ..— —. PROPERTY DAMAGE $ GARAGE LIABILITY i AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY, _ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY NHA219846 EACH OCCURRENCE $ 5,000,000 C 10/01/07 10(01/08EACH OCCURRENCE__ --__--. _ I UMBRELLA FORM ` I AGGREGATE $ 5,000,000 X OTHER THAN UMBRELLA FORM t I $ D WORKERS COMPENSATION AND RWD500009601 10/01/07 10/01/0$ 1X TORY IM 7S EM ER PLOYERS'LIABILITY I-------- L EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE - i --- --------- ---------^--- OFFICERSARE: EXCL EL DISEASE-EACH EMPLOYEE.$ 1,000,000 i OTHER I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE:2008 Del Rio/San Jacinto Road Rehabilitation Project No.2008-006. The City of Atascadero is included as additional insured(except workers compensation)where required by written contract and allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_ to DAYS WRITTEN NOTICE TO THE City of Atascadero CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 6907 EI Camino Real Atascadero,CA 93422 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS CERTIFICATE. AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services BY: Mario Pineda MMi(3/02) VALID AS OF:06/30/08 POLICY NUMBER: EAP704357-07 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization:City of Atascadero (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B.With respect to the insurance afforded to these additional insureds,the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury"or"property damage"occurring after: (1)All work, including materials,parts or equipment furnished in connection with such work, on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed;or (2)That portion of'your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PRIMARY INSURANCE: It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance and non-contributory with respect to liability arising out of work completed or at the discretion of the named insured. CG 20 10 10 01 © ISO Properties,Inc.,2000 Policy Number: EAP704357-07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: City of Atascadero As required by Contract RE: 2008 Del Rio / San Jacinto Road Rehabilitation Project No. 2008-006 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products-completed operations hazard." PRIMARY INSURANCE: It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance and non-contributory with respect to liability arising out of work completed or at the discretion of the named insured. CG 20 37 10 01 Copyright,Insurance Services Office,Inc.,2000 WORKER'S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement, Contractor shall execute the following form as required by Sections 1860 and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (name of firm) 0 7 1 0(f (signature) (date) en (title) Attest: Ina (signature) (date) ee72f/ (title) FAITHFUL PERFORMANCE BOND Bond # 105141618 Executed in Triplicate Premium $4,252.00 KNOW ALL MEN BY THESE PRESENTS,that WHEREAS,the City Manager of the City of Atascadero, State of California, has awarded to Union Asphalt, Inc. hereinafter designated as the "Principal",a contract for construction of the 2008 DEL RIO/SAN JACINTO ROAD REHABILITATION PROJECT in strict conformity with the plans and specifications dated MAY 2008, now on file in the office of the Director of Public Works of the City of Atascadero; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW,THEREFORE,WE Union Asphalt, Inc. as Principal, hereinafter designated as the"Contractor"and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto the City of Atascadero, in the sum of Seven Hundred Eight Thousand Seven Fourteen and 39/100 Dollars($708,714.39 ), said sum being one hundred percent of the estimated amount payable by the said City oTRTascadero under the terms of the Contract,for which payment well and truly to be made,we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally,firmly by these presents.THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above bounded Contractor, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and agreements in the said Contract and any alteration thereof made as therein provided on his or their part,to be kept and performed at the time and in the manner therein meaning and shall indemnify and save harmless the City of Atascadero, its officers and agents, as therein stipulated,then this obligation shall become null and void; otherwise it shall remain in full force and effect. And the said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Plants and Special Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any change,extension of time, alteration or addition to the terms of the Contract or to the work or to said Plans and Special Provisions. IN WITNESS WHEREOF,this instrument has been duly executed by Contractor and Surety above named,on the 1st day of July 2008. Address of Contractor: / Union Asphalt, Inc C al 1625 Donovan Rd.,Santa Maria, CA 93456 (seal) Address of Surety: Travelers Casualty and Surety Company - of America s I) r 700 N.Central Ave.,8th fl. ristine Mendez,Attorney-i -Fact Glendale,CA 91203 (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUL 0 1 M before me, Natalie K. Trofimoff , Notary Public personally appeared, Kristine Mendez 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/ hthey executed the same in hisAtjjE their authorized capacity(ies), and that by his heir 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. NATALIE K.TROFIMOFF ,. NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY ` s COMMISSION#1730384 WIT ESS my han nd official seal. MY COMM.EXPIRES APRIL 8,2011 r Notary Public Seal SIGNATURE OF NOT OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: Signer's Name ❑ INDIVIDUAL ❑INDIVIDUAL ❑CORPORATE OFFICER ❑CORPORATE OFFICER Titles) Title(s) ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ❑ PARTNER(S)E] LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ❑ OTHER: Signer is representing: Signer is representing: NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSON(S)OR ENTITY(IES) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company I Attorney-In Fact No. 2117556 Certificate No. 001083009 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,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 Jeffrey Strassner, Christina Turman, Cesar F.Javier, Kristine Mendez, Natalie K.Trofimoff, Shanna E.Judson, and Tezner V. Cunningham of the City of Los Angelis , 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. 9th IN WITNKSS WHEREOF,the Compt es have caused this instrument to be signed and their corporate seals to be hereto affixed,this ugust 6 day of , Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G0.5Uq SUPEIy F\0.E 4 \0.N I Nf L� S ��(1 Tri N z �I�aFFOR�>f f1 i W(c�aPORATf.�t�i 9+ t79 WIRIFOHD. t 9 a z o '� 1977 192 7 a r -._ HARTFORD, 1896 S+a 1951 s�O �m �`•SE AL;+y'o"3 Wit. :o CONN. SSAL:`p 'mO�o .✓ "�y ,a �! 1� �oFhfW� y���ANGF4 afs:.AN�aI 61r Baa 66i ass Attu nnxininnn „w� ••• F State of Connecticut By: City of Hartford ss. orge W —pson,Sen' r Vic President 9th August 2006 On this the day of ,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety 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,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. In Witness Whereof,I hereunto set my hand and official sea]. G• My Commission expires the 30th day of June,2011. 10l/BUG * Marie C.Tetreault,Notary Public 58440-6-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER LABOR AND MATERIAL BOND Bond # 105141618 Executed in Triplicate Premium $4,252.00 KNOW ALL MEN BY THESE PRESENTS,that WHEREAS,the City Manager of the City of Atascadero, State of California, has awarded to Union Asphalt, Inc hereinafter designated as the"Principal', a contract for construction of 2008 DEL RIO/SAN JACINTO ROAD REHABILITATION PROJECT in strict conformity with the plans and specifications dated MAY 2008, now on file in the office of the Director of Public Works of the City of Atascadero; and WHEREAS,said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub-contractors shall fail to pay for any materials, provisions, provender or any other supplies or teams used in, upon,for or about the performance of the work contracted to be done,or for any work or labor done thereon of any kind,the Surety on this bond will pay the same to the extent hereinafter set forth; NOW,THEREFORE,WE Union Asphalt. Inc as Principal, hereinafter designated as"Contractor"and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Atascadero, in the sum of Seven Hundred Eight Thousand Seven Fourteen and 39/100 Dollars ($708,714.39 ),said sum being one hundred percent of the estimated amount payable by the said City of Atascadero under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of an act of the Legislature of the State of California, entitled; "An act to secure the payment of claims of persons employed by Contractors upon Public Works, and the claims of persons who furnish materials, supplies,teams, implements or machinery used or consumed by such contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto"approved May 10, 1919, as amended, and provided that the person, companies or corporations so furnishing said materials, provisions, provender or other supplies, teams, appliances or power used, in upon,for or about the performance of the work contracted to be executed or performed by any person, company or corporation renting or hiring teams or implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Act,then Surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay, in case suit is brought upon this Bond, such reasonable Attorney's fees as shall be fixed by the Court, awarded and taxed as in the above mentioned Statute provided.This Bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this Bond. And the said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term of the contract or to the Work or to the Specifications. IN WITNESS WHEREOF,this instrument has been duly executed by Contractor and Surety above-named,on the 1ST day of July ,2008 Address of Contractor: Union Asphalt. Inc / seal) 1625 Donovan Rd.,Santa Maria,CA 93456 (seal) Address of Surety: Travelers Casualty and Surety Company of America 4 (W / 700 N. Central Ave., 8th fl Glendale, CA 91203 Kristine Mendez, Attorney-in-Fact (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUL 0 1 1008 before me, Natalie K. Trofimoff , Notary Public personally appeared, Kristine Mendez 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�they executed the same in his/their authorized capacity(ies), and that by hisQtheir 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. NATALIE K.TROFIMOFF .. NOTARY PUBLIC-CALIFORNIA /? � LOS ANGELES COUNTY ''"� Z COMMISSION M 1130384 W TNESS my haN and official seal. MY COMM.EXPIRES APRIL 8,2011 J6� Notary Public Seal ' SIGNATU E OF NO OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: Signer's Name ❑ INDIVIDUAL ❑INDIVIDUAL ❑CORPORATE OFFICER ❑CORPORATE OFFICER Title(s) Title(s) ❑ PARTNER(S)❑LIMITED ❑ GENERAL ❑ PARTNER(S)❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ❑ OTHER: Signer is representing: Signer is representing: NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSON(S)OR ENTITY(IES) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �i STPAUL POWER OF ATTORNEY ri TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. _217556 Certificate No. 001083008 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,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 Jeffrey Strassner, Christina Turman, Cesar F.Javier, Kristine Mendez, Natalie K.Trofimoff, Shanna E. Judson, and Tezner V. Cunningham of the City of Los Angeles ,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 of proceedings allowed by law. 9th IN WITNA `S SSWHEREOF,the CompT%4 have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of — ust Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company r,�SUq SUttEIf. yF\RE 6 \F'N 'NSG '�"sVA'4 JP�tY 4N0 y yt{CVttTFOHD, < S 4FyI .te l W NnarForm, .3 q ts9s � z ; O N® J•. %-Z.- S .o R `pO 4, �aa � � 1951 m'� ,�, � tis Ec°. �`�SEAL•a�o� 'v`SHAL,as3 � • r� 1.s... ..*a\ bj •N 'A1'1 AIN State of Connecticut By: City of Hartford ss. orge W ompson,Sed r Vic President 9th August 2006 On this the day of ,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety 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, 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. In Witness Whereof,I hereunto set my hand and official seal. G• My Commission expires the 30th day of June,2011. ALIBI.<<j t1 Marie C.Tetreault,Notary Public 58440-6-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CITY OF ATASCADERO 2008 DEL RIO/ SAN JACINTO ROAD REHABILITATION PROJECT ADDENDUM NO. 3 - BASE BID Del Rio -Potrero to San Anselmo, San Jacinto -El Camino to 300' north of Nogales) ITEM ITEM DESCRIPTION PAYMENT APPROX. UNIT UNIT TOTAL NO. REFERENCE QTY. PRICE ITEM PRICE Oe 1 MOBILIZATION,BONDS AND INSURANCE 10-1.07 ►� tdbp.o LS 2 TRAFFIC CONTROL 10-2.04 3 0o LS 3ts�1 3 WATER POLLUTION CONTROL PROGRAM 10-3.03 1 LS / d 4 POTHOLING 10-4.02 1 LS • 5 CLEARING AND GRUBBING 10-5.02 1 LS + I �i 6 TREE REMOVAL 10-6.03 1 LS •: 7 AC D2 PG64-10 10-7.04 489 TN s0fcpk,. 8 AC C2 PG64-10 10-7.04 1,549 TN 9 PLACE 1-1/2-AC @ DRIVEWAY TRANSITION 10-7.04 1,129 SF 7f • �! 10 WIDEN SHOULDER T AND INSTALL AC BERM 10-7.04 3,414 LF 11 LOW AC BERM ACROSS DRIVEWAY 10-7.04 509 LF 00 / f! 12 KEYCUT Al 10-9.04 1,503 LF 13 KEYCUT 61 10-9.04 533 LF 're 14 DIGOUT OR REMOVE AND REPLACE 4" 10-10.05 1,125 SF # !.T d' 15 DIGOUT OR REMOVE AND REPLACE 6" 10-10.05 3,403 SF 30 16 DIGOUT OR REMOVE AND REPLACE 9.5" 10-10.05 8,258 SF 63 17 REMOVE AND REPLACE 4-AC Q DRIVEWAY TRANSITION 10-10.04 11,020 SF j Sia CONSTRUCT CLASS 2 BASE DRIVEWAY APRON 10-11.04 20 TN 9 CONSTRUCT PCC CROSS GUTTER 10-13.04 2,933 SF i ilt 20 CONSTRUCT PCC CURB AND GUTTER 10-13.04 58 LF .01111 f eD 21 CONSTRUCT PCC SIDEWALK 10-13.04 240 SF 22 CONSTRUCT PCC DRIVEWAY APPROACH 10-13.04 60 SF t" 23 PAVEMENT REINFORCING FABRIC(TRUPAVE) 10-14.05 15,161 24 INSTALL DRAINAGE INLET(CITY STD.502) 10-15.04 1 EA 25 INSTALL DRAINAGE INLET(CITY STD.503) 10-15,04 1 EA 0kj 4. t: ✓ vyC. 26 REMOVE EXISTING PIPE AND REPLACE WITH 18"HDPE 10-15.04 73 LF �f 44 fSL 27 EDGE DRAIN 10-16.04 145 LF 28 TRENCH DRAIN 10-17.03 140 LF 4,01P )4 f�4 29 INSTALL RIP-RAP OVER FABRIC AT PIPE OUTFALL 10-18.04 1 EA ,0. �d 30 LOWER MANHOLE COVERS 10-19.03 2 EA !s f 31 ADJUST MANHOLE COVERS TO FINISH GRADE 10-19.03 8 EA s� 32 LOWER WATER VALVES 10-19.03 6 EA oltb.1,1401 Ar7at.�- 33 ADJUST WATER VALVES TO FINISH GRADE 10-19.03 21 EA Oejr 34 ADJUST GAS VALVE TO FINISH GRADE 10-19.03 2 EA •. • 35 ADJUST SURVEY MONUMENTS TO FINISH GRADE 10-19.03 7 EA 36 SHOULDER BACKING 10-19.04 4076 LF 9 37 REMOVE ROOTS UNDER AC/PCC REPAIRS 10-21.03 472 SF / Q• 38 INSTALL BLUE RPM'S Q FIRE HYDRANT 10-22.04 10 EA a$ CA-am - 39 12"WHITE CROSSWALKAJMIT LINE(THERMO) 10-22.04 185 LF 40 12"YELLOW CROSSWALK(THERMO) 10-22.04 175 LF 10.4. 41 24"YELLOW CROSSWALK(THERMO) 10-22.04 192 LF 4r Al. tf 742. 4"' 42 STRIPING DETAIL#22(THERMO) 10-22.04 3,782 LF �., p, 43 -AHEAD-LEGEND(THERMO) 10-22.04 1 EA t t. •s. 44 -STOP-LEGEND(THERMO) 10-22.04 13 EA r .4'' • TOTAL BASE BID PRICE: $ op 2 515-1 i6la .39 ADDENDUM NO. 3 -ALTERNATE NO. 9 (Add): Det Rio—Obispo Road to Potrero Road ITEM ITEM DESCRIPTION PAYMENT APPROX. UNIT UNIT TOTAL NO. REFERENCE QTY. PRICE ITEM PRICE 2A TRAFFIC CONTROL 10-2.04 LS • >< n. � P 3A WATER POLLUTION CONTROL PROGRAM 10-3.03 1 LS m4f /t 7A AC D2 PG64-10 10-7,04 151 TN8A AC C2 PG64-10 10-7,04 423 TN9A PLACE 1-1/2-AC @ DRIVEWAY TRANSITION 10-7.04 1,833 SF 12A KEYCUT Al 10-9.04 266 LF13A KEYCUTBI 10-9,04 66 LF14A RIGOUT OR REMOVE AND REPLACE 4' 10-10.04 5,396 SF 17A REMOVE AND REPLACE 4'AC 0 DRIVEWAY TRANSITION 10-10.04 552 SF 10 Ld r #D 23A PAVEMENT REINFORCING FABRIC(TRUPAVE) 10-14.05 4,442 SY a 44 26A REMOVE EXISTING PIPE AND REPLACE WITH 18'HDPE 10-15.04 34 LF 0 a e �.: 31A ADJUST MANHOLE COVERS TO FINISH GRADE 10-18.03 1 EA * / ,tks 32A LOWER WATER VALVES 10-18.03 1 EA 30 ter. tjr4l 33A ADJUST WATER VALVES TO FINISH GRADE 10-18.03 2 EA oze.z. f 36A SHOULDER BACKING 10-19.04 3,321 LF dt 38A INSTALL BLUE RPM's c@ FIRE HYDRANT 10-21.04 3 EA e r. its 39A 12'WHITE CROSSWALK/LIMIT LINE(THERMO) 10-21.04 49 EAird •� 42A STRIPING DETAIL#22(THERMO) 10-21.04 1,710 LF'AHEAD"LEGEND(THERMO) 10-21.04 1 EA onfLMLA "STOP'LEGEND(THERMO) 10-21.04 3 EAd TOTAL BASE BID PRICE: $ ea D p LS=Lump Sum SF=Square Feet EA=Each LF=Linear Feet TN=Ton 'NOTE: In case of error in extension of price into the total price column,the unit price will govern. The Contractor shall comply with the requirements of Division 5, Part I, of the State Labor Code, and specifically with Sections 6705 and 6707 thereof. The Contractor shall submit for approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection for all areas to be excavated to a depth of five feet or more. if the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The contract shall be awarded based upon the Base Bid. The City of Atascadero reserves the right to add the work associated with Alternate No. 1. 3