2010-10-19 4-F AgreementCONTRACTOR AGREEMENT
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THIS AGREEMENT, entered into this 30th day of September 2010, by and between
CITY OF ALAMEDA, a municipal corporation (hereinafter referred to as "City"), and
MOUNTAIN CASCADE, INC., a California corporation, whose address is 555 Exchange
Court, Livermore, CA 94551, (hereinafter called the "Contractor in reference to the
following:
I 16M.
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of the City.
B. City and Contractor desire to enter into an agreement for emergency pipe bursting
an existing 14 -inch VCP storm drain pipe and replace it with a 15-inch HDPE pipe on Eighth
Street, between Pacific and Lincoln .Avenues, loo. P.W. 09- 10 -24, in accordance with the RFP on
file in the office of the Public works Department.
Now, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
The Contractor shall begin work within five (5) working days after receiving notice from
the Engineer to commence the work, and shall diligently prosecute the work to completion by
October 29, 2010.
2. SERVICES TO BE PERFORMED
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment,
materials, except as otherwise specified, and to do all work strictly in accordance with
Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans
are hereby referred to and expressly made a part hereof with the same force and effect as if the
same were fully incorporated herein.
Contractor shall perform each requested task set forth in the Bidder's Proposal detailed in
Exhibit "A as directed by the City, which is attached hereto and incorporated herein by this
reference. The Contractor acknowledges that the work plan included in Exhibit "A" is tentative
and does not commit the City to perform all tasks included therein.
3. COMPENSATION TO CONTRACTOR
Contractor shall be compensated for services performed pursuant to this .Agreement in the
amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and
incorporated herein by this reference. Payment will be made in the same manner that claims of a
like character are paid by the City, with checks drawn on the treasury of said City, to be taken
from CIP 90908.
MOL111taill Cascade, Inc. 1 No. P.W. 09- -10 -24
Pipekll'st 14" and install 16"" SD line, GAP Lib work s\cipt-storm drain mstr plan\8th and LincolniAgmt, Pipe vursting.doc
Eight Street beoveeii Pacific Lincoln Avenues
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Payment will be made by the City in the following manner: On the first day of each
month, Contractor shall submit a written estimate of the total amount of work done the previous
month. However, the City reserves the right to adjust budget within and between tasks. Pricing
and accounting of charges are to be according to the bid packet pricing, unless mutually agreed
to in writing.
Payment shall be made for 90% of the value of the work completed as determined by the
City. The City shall retain 10% of the value of the work as partial security for the completion of
the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of
acceptance by the City of the project. Payment shall not be construed as acceptance of defective
work. No interest will be paid to Contractor on retained funds.
Total compensation under this contract shall not exceed $223,100, which includes a 15%
contingency ($29,100). Use of contingency shall be for items of work outside the original scope
and requires prior written authorization by the City.
Prom t Pa rnent of withheld Funds To Subcontractors: The City shall hold retainage from
the prime contractor and shall make prompt and regular incremental acceptances of portions, as
determined by the agency of the contract work and pay retainage to the prune contractor based .on
these acceptances. The prime contractor or subcontractor shall return all monies withheld in
retention from all subcontractors within 10 days after receiving payment. for work satisfactorily
completed and accepted including incremental acceptances of portions of the contract work by the
agency. Any delay or postponement of payment may take place only for good cause and. with the
agency's prior written approval. Any violation of these provisions shall subject the violating prime
contractor to the penalties, sanctions, and other remedies specified in Section 71 08.5 of the
California Business Professions Code, This requirement shall not be construed to limit or impair
any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or
subcontractor in the event of a dispute involving late payment, or nonpayment by the contractor, or
deficient subcontractor's performance, or noncompliance by a subcontractor. This clause applies to
both DBE and non -DBE subcontractors.
4. TIT IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance of this
Agreement.
It is agreed by the parties to the Agreement that in case all the work called for under the
Agreement is not completed before or upon the expiration of the time limit as set forth in
paragraph 1 above, damage will be sustained by the City, and that it is and will be impracticable
to determine the actual damage which the City will sustain in the event of and by reason of such
delay. It is therefore agreed that the Contractor will pay to the City the sure of FIVE
HUNDRED DOLLARS ($500) per day for each and every day's delay beyond the time
prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as
herein provided, and in case the same are not paid, agrees that the City may deduct the amount
thereof from any money due or that may become due the Contractor under the Agreement.
Mountain Cascade,, Inc. 2 No. P.W. 09 -10 -24
Pipeburst 14" and install 16" 5D line, G: \pubworks \ciplstonn drain mstr planl8th and LincoIn\Agmt, Pipe bursting.doc
Eight Street between Pacific Lincoln Avenues
It is further agreed that in case the work called for under the Agreement is not finished
and completed in all parts and requirements within the time specified, the City shall have the
right to extend the time for completion or not, as may seem best to serve the interest of the City;
and if it decides to extend the time limit for the completion of the Agreement, it shall further
have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from
the final payment for the work, all or any part, as it may deem proper, of the actual costs and
overhead expenses which are directly chargeable to the Agreement, and which accrue during the
period of such extensions.
The Contractor shall not be assessed with liquidated damages during any delay in the
completion of the work caused by an act of God or of the public enemy, acts of the City, fire,
flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather
or delays of subcontractors due to such causes; provided that the Contractor shall, within one (1)
day from the beginning of such delay, notify the City in writing of the causes of delay. The City
shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be
final and conclusive.
5. S'T'ANDARD OF CARE
Contractor agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by the
City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES
City and Contractor intend that the relationship between them created by this Agreement
is that of employer- independent contractor. The manner and means of conducting the work are
under the control of Contractor, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of employment
will be acquired by virtue of Contractor's services. None of the benefits provided by City to its
employees, including but not limited to unemployment insurance, workers' compensation plans,
vacation and sick leave are available from City to Contractor, its employees or agents.
Deductions shall not be made for any state or federal taxes, PICA payments, PERS payments, or
other purposes normally associated with an employer- employee relationship from any fees due
Contractor. Payments of the above items, if required, are the responsibility of Contractor.
7. IMMIGRATION REFORM AND CONTROL ACT IRCA
Contractor assumes any and all responsibility for verifying the identity and employment
authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA
or other federal, or state rules and regulations. Contractor shall indemnify and hold City
harmless from and against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Contractor.
8. NON DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer /employee conduct, Contractor agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on
Mountain Cascade, Inc. 3 No. P.W. 09- 10--24
Pipeburst 14" and install 15" SD line, G:lpubwori;sieipktorn drain instr plan\Sth and LincolntAgmt Pipe bursting.doe
Eight Street between Pacific Lincoln Avenues
the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any
and all violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS
Contractor shall indemnify, defend, and hold harmless City, its City Council, boards,
commissions, officials, and employees ("Indemnitees") from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees "Claims arising from or in any manner connected to Contractor's negligent act or
omission, whether alleged or actual, regarding performance of services or work conducted or
performed pursuant to this Agreement. If Claims are filed against Indemnitees which allege
negligence on behalf of the Contractor, Contractor shall have no right of reimbursement against
Indernnitees for the costs of defense even if negligence is not found on the part of Contractor.
However, Contractor shall not be obligated to indemnify Indernnitees from Claims arising from
the sole or active negligence or willful misconduct of Indemnitees.
10. INSURANCE
On or before the commencement of the terms of this Agreement, Contractor shall furnish
City with certificates showing the type, amount, class of operations covered, effective dates and
dates of expiration of insurance coverage in compliance with paragraphs IOA, B, C and D. Such
certificates, which do not limit Contractor's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this certificate be canceled
or coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days` advance written notice to the City of Alameda by certified mail,
"Attention: Risk Manager." It is agreed that Contractor shall maintain in force at all times
during the performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do insurance
business in the State of California. Endorsements naming the City as additional insured shall be
submitted with the insurance certificates.
A. COVERAGE
Contractor shall maintain the following insurance coverage:
(1) workers' Corn ensation:
Statutory coverage as required by the State of California.
(2) Liabili�:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $2,000,000 will be considered equivalent to the required minimum limits shown
above.
Mountain Cascade, Inc. 4 No. P.W. 09 -10 -24
Pipeburst 14" and install 16"' SD line, GApubworkstciplstonn drain snstr plan \8th and Lincoln\Agrn Pipe bursting.doe
Eia,ht Street between Pacific Lincoln Avenues
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum
limits:
Bodily injury:
Property Damage:
or
Combined Single Limit:
(4) Pollution Prevention:
$1,004,000 each occurrence
$1,000,000 each occurrence
$2,400,000 each occurrence
Legal liability required for hazardous materials excavation in the amount
of 2,000,000 each occurrence.
B. SUBROGATION WAIVER:
Contractor agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance, Contractor shall look
solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer of said Contractor may acquire against City by virtue of the payment of any loss
under such insurance.
C. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the
foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or
as an agent of the Contractor and shall be compensated by the Contractor for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED
City, its City Council, boards and commissions, officers, and employees shall be named
as an additional insured under all insurance coverages, except worker's compensation insurance.
The naming of an additional insured shall not affect any recovery to which such additional
insured would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible portion of
any loss, or expense of any nature on this policy or any extension thereof. Any other insurance
held by an additional insured shall not be required to contribute anything toward any loss or
expense covered by the insurance provided by this policy.
B. SUFFICIENCY OF INSURANCE:
Contractor shall furnish the following bonds from a bonding company acceptable to the
City Attorney. Faithful Performance Bond and Labor and Material Bond are only required for
work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for
the bond premiums and those estimates over $25,400 will need to be sure to budget for the bond
premiums.
Mountain Cascade, Inc. 5 No. P.W. 09 -10-24
Pipeburst 14" and install 16" SD line, G:1pubworks \cip \storm drain mstr plan \8th and Lincoln \Agent, Pipe bursting.doc
Eight Street between Pacific Lincoln Avenues
The insurance limits required by City are not represented as being sufficient to protect
Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate
coverage for Contractor.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the
City Attorney:
A. Faithful Perfo
A bond in the amount of 100% of the total contract price guaranteeing the faithful
performance of this contract, and
S. Labor and Materials
A bond for labor and materials in the amount of 100% of the total contract price.
12. PROHIBITION AGAINST 'T'RANSFERS
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or an
interest therein, directly or indirectly, by operation of lave or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by Contractor
from City under this Agreement may be assigned to a bank, trust company or other financial
institution without prior written consent. Written notice of such assignment shall be promptly
furnished to City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate
member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy,
which shall result in changing the control of Contractor, shall be construed as an assignment of
this Agreement. Control means fifty percent (50 or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors
whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope
of work to be subcontracted and the name of the proposed subcontractor. Such request shall set
forth the total price or hourly rates used in preparing estimated costs for the subcontractor's
services. Approval of the subcontractor may, at the option of City, be issued in the form of a
Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general and automobile liability insurance in reasonable conformity to the insurance carried by
Contractor. In addition, any work or services subcontracted hereunder shall be subject to each
provision of this Agreement.
Mountain Cascade, Inc. 6 No. P.W. 09 -10 -24
Pipeburst 14" and install 16" 5D line, G: \pubworkstciplstonn drain mstr plan \8th and LincolntAgmt, Pipe bursting,doc
Eight Street between Pacific Lincoln Avenues
14. PERMITS AND LICENSES
Contractor, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and licenses, including a City Business License,
that may be required in connection with the performance of services hereunder.
15. REPORTS
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Contractor pursuant to or in connection with this
Agreement shall be the exclusive property of City.
No report, information nor other data given to or prepared or assembled by Contractor
pursuant to this Agreement shall be made available to any individual or organization by
Contractor without prior approval by City.
Contractor shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. RECORDS.-
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the performance of
services under this Agreement.
Contractor shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Contractor shall provide free access to such books and records to the representatives of City or
its designees at all proper tinges, and gives City the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be kept separate from other documents and records and shall be maintained for
a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by
City's preliminary examination or audit of records, and the City's supplemental examination or
audit of the records discloses a failure to adhere to appropriate internal financial controls, or
other breach of contract or failure to act in good faith, then Contractor shall reimburse City for
all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
Mountain Cascade, Inc. 7 No. P.W. 09 -10 -24
Pipeburst 14" and install 16" SD line, GApub«orkstcip \storm drain mstr plan\8th and LincolnlAgmt, Pipe bursting.doc
Eight Street between Pacific Lincoln Avenues
City at:
All notices, demands, requests, or approvals from Contractor to City shall be addressed to
City of Alameda
Public works Department
950 west Mall Square, Room 110
Alameda, CA 94501
Attention: Barbara Dawkins, City Engineer
Ph: (510) 749-5 1 Pax: (510) 749-5867
All notices, demands, requests, or approvals from City to Contractor shall be addressed to
Contractor at:
Mountain Cascade, Inc.
555 Exchange Court
Livermore, CA 94551
Attention: Jay Willes
Ph: (925) 373 -8370 /Fax: (925) 373 -0940
18. URBAN RUNOFF MANAGEMENT
The Contractor shall avoid creating excess dust when breaking asphalt or concrete and
during excavation and grading. If water is used for dust control, contractor shall use as little as
necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters
and storm drains.
The Contractor shall develop and implement erosion and sediment control to prevent
pollution of storm drains. Such control includes but is not limited to:
A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric
fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season
(October 15), in site de- watering activities and saw- cutting activities; shovel or vacuum saw -cut
slurry and remove from the site).
B. Cover exposed piles of soil or construction material with plastic sheeting. All
construction materials must be stored in containers.
C. Sweep and remove all materials from paved surfaces that drain to streets, gutters
and storm drains prior to rain as well as at the end of the each work day. At the completion of
the project, the street shall be washed and the wash water shall be collected and disposed of
offsite in an appropriate location.
D. After breaking old pavement, Contractor shall remove all debris to avoid contact
with rainfall or runoff.
E. Contractor shall maintain a clean work area by removing trash, litter, and debris at
the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they
occur.
Mountain Cascade, Inc. No. P.W. 49 -16-24
Pipeburst 14" and install 16" SD 1 ine, G:lpubworks \cip \stone drain instr planl8th and Lincoln\AgFnt, Pipe bursting.doc
Eight Street between Pacific Lincoln Avenues
The objective is to ensure that the City and County of Alameda County vide Clean
Water Program is adequately enforced. These controls should be implemented prior to the start
of construction, up- graded as required, maintained during construction phases to provide
adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the State's Best
Management Practices Municipal and Construction Handbooks, local program guidance
materials from municipalities, Section 7.1.01 of the Standard Specifications and any other
appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices,
citations, project stop orders or fines. The fine for noncompliance of the above program is two
hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean
Water Act can also impose a fine on the contractor, pursuant to Cal. water Code 13385.
19. COMPLIANCE WITH THE CITVS IN'T'EGRATED PEST MANAGEMENT
POLICY: The Contractor shall follow the requirements of the City's Integrated Pest
Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional
Stormwater NPDES Permit, Order No. R.2-- 2009 -0074, issued by the California Regional water
Quality Control Board. Contractor shall follow the City's IPM Policy and utilize generally
accepted IPM Best Management Practices (BMPs) to the maximum extent practicable for the
control or management of pests in and around City buildings and facilities, parks and golf
courses, urban landscape areas, rights-of-way, and other City properties. A copy of the City's
IPM Policy may be obtained from the Department of Public works and is also on file with the
City Clerk. Contractor shall provide a copy of any current IPM certifications(s) to the City's
project manager prior to initiation of the service work.
20. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in compliance with the City's Marsh Crust
Ordinance as set forth at Section 13 -55 of the Municipal Code. Prior to performing any
excavation work, Contractor shall verify with the Building Official whether the excavation work
is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from
Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
21. SAFETY REQUIREMENT:
All work performed under this Agreement shall be performed in such a manner as to
provide safety to the public and to meet or exceed the safety standards outlines by CAL-OSHA.
The City reserves the right to issue restraints or cease and desist orders to Contractor when
unsafe or harmful acts or conditions are observed or reported relative to the performance of the
work under this Agreement.
Contractor shall maintain the work sites free of hazards to persons and/or property resulting
from his or her operations. Any hazardous condition noted by Contractor, which is not a result of
his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or
her operations, shall immediately be reported to the City.
Mountain Cascade, Inc. 9 No. P.W. 49 -10 -24
Pipeburst 14" and install 16" SD line, G:1pubworkslcip \stonn drain mstr plan \8th and LincolntAgmt, Pipe bursting,doc
Eight Street between Pacific Lincoln Avenues
22. PURCHASES OF MINED MATERIALS REQUIREMENT:
Contractor shall ensure that all purchases of rained materials such as construction
aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral
materials must originate from a surface reining operation identified on the AB3098 List per the
Surface Mining and Reclamation Act of 1975 (SMARA).
Within five days of award of contract, Contractor shall submit a report to City which lists
the intended suppliers for the above materials and demonstrates that the suppliers are in
compliance with the SMARA requirements. The AB3098 List is maintained by the Department
of Conservation's Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca-gov/OMR/ab 3098 listlindex.htm. Dote that the list changes periodically
and should be reviewed accordingly.
23. TERMINATION
In the event Contractor fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Contractor shall be deemed in default in the performance
of this Agreement. If such default is not cured within a period of two (2) days after receipt by
Contractor from City of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, City may terminate the Agreement forthwith by giving to
the Contractor written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon
termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date of
termination.
24. COMPLIANCES:
Contractor shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
25. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with
the courts of the County of Alameda, State of California.
26. ADVERTISEMENT,
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior written approval has been secured from City to do
otherwise.
Mountain Cascade, Inc. 10 No. P.W. 09-10-24
Pipeburst 14" and install 16" SD line, G:1pubworkslciplstonn drain mstr planl8th and Liiicoln\Agmt Pipe bursting.doe
Eight Street between Pacific Lincoln Avenues
27. WAI
A waiver by City of any breach of any term, covenant, or condition contained herein,
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein, whether of the same or a different character.
28. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Contractor.
29. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
30. CAP'T`IONS
The captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
Mountain Cascade, Inc. I I No. P.W. 09 -10 -24
Pipeburst 14" and install 16" SD line, G.lpubworksiciplstonn drain mstr planl8th and LincolnlAgmt, Pipe bursting.doc
Eight street between Pacific Lincoln Avenues
IN WITNES WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
CITY OF ALAMEDA.
A Municipal Corporation
Ann Marie 11 nt
Interim City ager
ublic works Director
4r
APPROVED AS TO FORM:
City Attorney
Laura Zagaroli
Deputy City Attorney
Mountain Cascade, Inc. 12 No. P.W. 09 -10 -24
Pipeburst 14" and install 16" SD l ine, G.\pubworkslcip�stonn drain mstr planl8th and Lincoln�Agmt Pipe bursting.doc
Eight Street between Pacific Lincoln Avenues
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL IN SUED OWNERS, LESSEES or CONTRACTORS FORM B
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Alameda
Public Warps Department
Alameda Point, Building 1
950 West Mall Square, Room 110
Alameda, CA 94501 -7558
(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 out of your ongoing operations performed for that insured.
REF:
The City of Alameda, its City Council, boards and commissions, officers employees are
additional insured for work done on their behalf by the named insured.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER
INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT
CONTRIBUTING WITH THIS INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE
SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY
TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION
AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES
DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR
ANY REASON OTHER THAN NON PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE
SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELED FOR
NONPAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
Mountain Cascade, Inc. 13 No. P.W. 09-10-24
Pipeburst 14" and install 16" SD line, GApubworkslciptstonn drain mstr plan \8th and Lincoln\Agmt, Pipe bursting,doe
Eight Street between Pacific Lincoln Avenues
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
COMMERCIAL AUTO
CG 20 48 02 99
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provisions
of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: I Countersigned By:
Named Insured:
SCHEDULE
Name of Person or Organization:
City of Alameda
Public Works Department
950 West Mail Square, Room 110
Alameda, CA 94501-7558
(Authorized Representative)
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 out of your ongoing operations performed for that insured.
REF:
The City of Alameda, its City Council, boards and commissions, officers employees are additional insured
for work done on their behalf by the named insured.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR
ANY REASON OTHER THAN NON PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE
SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELED FOR
NON PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
CA 20 48 02 99 Page I of I
Mountain Cascade, Inc. 14 No. P.W. 09 -14 -24
Pipeburst 14" and install 16" SD line, GApubworks \ciplstorm drain imtr plan \8th and Lincoln\Agmt, Pipe bursting.doc
Eight Street between Pacific Lincoln Avenues
SCOPE OF WORK
PIPE BURST EXISTING 14 -INCH VCP STORM DRAIN PIPE
AND REPLACE WITH 16 -INCH HDPE PIPE
ON EIGHTH STREET, BETWEEN PACIFIC AND LINCOLN AVENUES
NOD. P.W. 09 -0 -24
The work to be done consists of doing all work associated with the pipe burst of existing 14 -inch VCP
storm drain pipe and replacing it with a16 -inch HDPE pipe on Eighth Street, between Pacific and Lincoln
Avenues in accordance with the Request for Proposal, dated September 24, 2010, filed in the Public
Works Department. All work is to be in conformance with the request for proposal as required by the
Engineer.
Scope of work includes obtaining all permits; preparation and submittal of traffic control plan for City
approval; preparation of, and obtaining, shoring design approval for access pit; mobilization; build access
pit south. of Pacific Avenue manhole; insert pilot hoist north of Lincoln Avenue manhole; insert bursting
cable; string and fuse 16" HDPE; pipe burst 14" VCP to 16" HDPE; test and TV new 16" HDPE storm
drain pipe; backfill the access pit; repair manholes; and all related paving restoration.
Item Approximate Items with Unit Prices Unit Total
No. Quantity written in words Price Price
1. 1 EA Build and Restore Access Pit
Nine --ei ht Thousand
Six Hundred Dollars $98,600.00 $98,600.00
Each
2. 400 LF Pipeburst 14" VCP to 16" HDPE
Two Hundred Twenty -five Dollars $225.00 $90,000.00
Linear Foot
3. 3 EA Repair Damage to Manholes
One Thousand Eight Hundred
Dollars
Each
$1 $s 400.00
Total Bid: $194,00o
15% Contingency (Requires prior written authorization): $29
Total Not to Exceed Contract Amount: $223,100
Mountain Cascade, Inc. 15 No. P.W. 09 -10-24
Pipeburst 14" and install 16" SD line, G:1pubworkslcip \storm drain mstr plant8th and Lincoln \Agent, Pipe bursting.doe
Eight Street between Pacific Lincoln Avenues
A COR D rm ❑ATE (MMlDDlYYYY}
C ERTIFICATE OF LIABILITY: INSURANCE DATE
2010
1 1
PRODUCER LIC #OB29370 1- 415 -356 -3989 THIS CERTIFICATE IS.ISSUED.AS A MATTER OF INFORMATION
Edgewood Partners Insurance Center (EPIC) ONLY AID. CONFERS ..NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
123 Mission St., 26th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco, CA 94105
INSURERS AFFORDING COVERAGE NAIC
INSURED
Mountain Cascade Inc. INSURERA: NATIONAL UNION FIRE INS CO OF PITTS 19445
INSURER B: ALLIED WORLD ASSUR CO US INC 19489
555 Exchange Court INSURER C: CHART=S SPECIALTY LINES INS CO
Livermore, CA 94551 INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ySR IRULJ
_TR
DAMAGE TO TED.
PREMISES Ea occurence
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMLDDIYYI
POLICY EXPIRATION
DATE JMMIDD
A
GENERAL LIABILITY
GL 4581536
10/01/10
10/01/11
$4,000
X COMMERCIAL GENERAL LIABILITY
1 000, 000
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
CLAIMS MADE EKI OCCUR
PROPERTY DAMAGE
(Per accident)
AUTO ONLY- EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY: AGG
EACH OCCURRENCE
15, 000, 000
AGGREGATE
s 15,000,000
GEN`LAGGREGATE
LIMIT APPLIES PER:
WC STATU- OTH-
T RY LIMITS ER
Ll POLICY
7X E LOC
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE EA EMPLOYEE
A
AUTOMOBILE
LIABILITY
CA 8263666
10101 10
1 0/01/11
X
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
S to Form
X
NON -OWNED AUTOS
Av'%proved.a
01
GARAGE LIABILITY
C ITY ATTORNEY
ANY AUTO
B
EXCESS /UM BRELLA LIABILITY
0305-9201
10 01110
10/01/11
7 OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION
A WORKERS
COMP ENSATIONAND
WC 14770784 (CA)
10/01/10
10/01/11
EMPLOYERS'
LIABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER
EXCLUDED?
If yes,
describe under
SPECIAL
PROVISIONS below
OTHER
C Pollution
Liability
1407450
03/04/10
03/04/11
LIMITS
EACH OCCURRENCE $2,000,000
DAMAGE TO TED.
PREMISES Ea occurence
100
ME EXP (Any one person)
$10,000
PERSONAL ADV INJURY
2,000,000
GENERAL AGGREGATE
4, 000, 000
PRODUCTS COMP/ OPAGG
$4,000
COMBINED SINGLE LIMIT
(Ea accident)
1 000, 000
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY- EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY: AGG
EACH OCCURRENCE
15, 000, 000
AGGREGATE
s 15,000,000
WC STATU- OTH-
T RY LIMITS ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE EA EMPLOYEE
$1,000,000
E.L. DISEASE- POLICY LIMIT $1,000,000
Limit 51000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
Re: Pipeburst 14" and install 16 SD line. Eight Street between Pacific Lincoln Avenues.
The City of Alameda, its City Council, boards and commissions, officers, employees are named as additional
insureds as respects to general liability and automobile.liability per.endorsement.attached.
Waiver of subrogation applies to General Liability and Workers'.Compensaticn per endorsement attached.
It is agreed that the above policy contains a standard.cross.liability or severability of interest.clause.
CERTIFICATE HOLDER CANCELLATION 10 DAYS Noe FOR NON- PAYMENT OF PREMIUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Alameda DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL
950 West Mall Square, Room 110 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Alameda, CA 94501 AUTHORIZED REPRESENTATIVE
'LISA
ACORD 25 (2001108) dorat fl ACORD CORPORATION 1 988
17728838
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsements).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurers), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
mt.urcu to kAuu I VO)
POLICY NUMBER: GL 4581
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
ORGANIZATI
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or organization:
City of Alameda
Public Works Department
950 West Mall Square, Room 114
Alameda, CA 94501
USA
(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 li-
ability arising out of your ongoing operations per-
formed 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.
Re: Pipeburst 14" and install 16" SD line. Eight Street between Pacific Lincoln Avenues.
The City of Alameda, its City Council, boards and corrmiissions, officers, employees are named as additional
insureds as respects to general liability and automobile liability per endorsement attached.
Waiver of subrogation applies to General Liability and Workers' Compensation per endorsement attached.
It is agreed that the above policy contains a standard cross liability or severability of interest clause.
Approved as to Form
Y
3
CG 20 10 '10 01 1 1 9 P 6- ISO Properties, Inc., 2000 Page 1 of 1
POLICY NUMBER: GL 4581536
COMMERCIAL GENERAL LIABILITY
CG 20 37 10 01
THIS ENDORSEMENT" CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL
INSURED OWNERS,
OR CONTRACTORS COMPLETED
OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
Applicable to this endorsement)
Section II 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 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
Re; Pipeburst 14" and install 16 SD line. Eight Street between Pacific Lincoln Avenues.
The City of Alameda, its City Council, boards and commissions, officers, employees are named as additional
insureds as respects to general liability and automobile liability per endorsement attached.
Waiver of subrogation applies to General Liability and Workers' Compensation per endorsement attached.
It is agreed that the above policy contains a standard cross liability or severability of interest clause.
CG 20 37 10 01 0 ISO Properties, Inc.,2 000 Page 1 of 1 0
POLICY NUMBER: GL 4581536
COMMERCIAL GENERAL LIABILITY
CG 24 04 11 85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
Name of Person or Organization: City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
USA
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because
of payments we make for injury or damage arising out of "your work" done under a contract with that person or
organization. The waiver applies only to the person or organization shown in the Schedule.
Approved
CITY ATTORN
CG 24 0411 86 Copyright, Insurance Services office, Inc., 1984
WAI'VER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
This endorsement changes the policy to which it is attached effective on inception date of the policy unless
a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective 12:01 AM 10
Issued to: Mountain Cascade Inc.
B NATIONAL UNION FIRE INS Co OF PITTS
Premium: INCL
Countersigned by
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. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this agreement
from us).
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or organization
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94541
Job Description
Pipeburst 14" and install 16" SD line, Eight Street between Pacific Lincoln Avenues.
WC 04 03 06
(Ed. 4 -84)
forms a part of Policy No. we 14770784 (CA)
Authorized Representative
y/ qtr
711 M3WM 1�� A� F r hw/'4 Y 1� 1
Tf� a t rakcr dCS sib tea G -10/01/10 fom pari iif
11W pia. GL 45B1536 ihuup�d to gauntain. Cascade, Inc.
b y KA*flb#L W-M( FIRE IWPJJ;�Q6 =PW Ur -�kTU1 1� PA
GARY WVFM�E rDa 0 MUIM Mho n OR
tea Aft =MPS D 099kil OHS
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wl(T pwvbof fa ut d. i anT d q M4 is bite WBURM mh� tppUI anTv to
rc
Enrrr��xi the 1- 01W r, 4 kr tur M d baU�W kn
a
it pfatry 13Y9 rear Bbpjjzr aj4 ttrglml wo4bl to oy wfw #e wpriL i4d cm
4y thl :.d �i; cr en &117
T'it In atrri riW ext� sx nvpr, my tal a4d t rzliai�" �ftrprfrpp wry
VkCUL� ;5" 001 4( t till 01 €y Othte U r
ob-o t l
Ail �hrn tbftnt #qtr rn �t tl=' of td rnv!ty wiL Vh* a maa
a
Ap"'Proved as to Form
d
Poll.c GL 458.536
.e. Term! 10/01/1-01 to 10/o:L/:L2
I ri
11m1�,,-,2-Hntt„ranc:D 04 H lni;um%,
P='*MTUm A Jcdlt
4`. We wilt =111)puisall PumicTr.5 far +'NIS cov-
Willi 0�r r
14'es and
b. Pr6rni"'Ll MI in thin "Covara.9-n Pon as t
wane preknJum f it �eposjt pr43mhm pnly.
At tha cfose of
SWIM.-aticlit pnricd wo Will
cGr'rrput€ ha earilud:0mmium for that paiTod
and bond. n0oas -m tti.� ftt Nnrneld
Tka
a dva data f6r aiadit aril
fal.euvpaofiva pra-
rmums.is iha dato ohow4tis iht duo data On
the bill, 'f the !rjl. d
I ri ttvastivan'5 and �aucflt
Premh�Mrl PQ1d f0r 1� p ol i ej poi 15
oC thait ti to p 1ju grant-
an m Wa will ratwn
tad a sa to 1h6 first Natiied Interat�
c. Th6 rjr�t Marrutf #Insured hiJa keep eaaorcik
bf t6be, i-q1orti,6tion Rio heed 14pr p rSMiVM
OnTrPL-1-tilon, and 8011d U's =WIP-S a
times as v e rmay re
fe 6Uc,Ur01Jnq this P0Ut:Y0 Wu -4raa-,
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b, 7botm ststdm. W2 bz'J- 6lr Upon r-rprecan.
1013afte V ou and VV; and
Ued this po"o in QPmn
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7,
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this mllmnce -50,plicz!
A: if mach, Xaftle-d the off
Named lm 'wrvd and
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0 '�im is made- or '.7L3
a I
13 Transfer Of Al Of Rucaver A,,qw'n&t Others
To L)a
If 1hia InSLrOV IJZJs tJ TO fSODVaT, all O part U f
,77 ily nay men tl wa have mzr1ac_ jnder thi� CQVer-
3
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Ins =uz do 1101bir, f
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ml! roqua-�.,T, the insuta wi
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SU'l t 0$**. lra"-)S�r thq to Us- 11rid hal- li-s
Wha h Wt__ Do Not Rtnit-mr
vvt dodtfs hot torallaw '6js Cove 9 4 NFL
We IVJII m,41?6 Or d6 l
111val m *R heg;t i jr
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of th- 11 r)0nfDn0 110t V Aj b e j a N
Praof of maiho Nviltt be s�_
fide; )l Proof of notice.
ISECT lON V DEPIRM NS
m eant 4 n0 ice That iq broect-
rmat or ptibllshml la 1ha!9p_nata[ ruWla or spectf-
Ic maftt $6 ZboUt Y 6�t a oads products
or sONfrw for 1ho 'Puroosa of Attra�lln- CQ6.
trim-ers of SUPPO'ners. F40r -c? is, purpor."S of Oiz
e. Naft'cas, Iflot AN p1Jb11jzhe4 jj)cluda M'tar'pal
pi�ci3d cm tho fnwnat Ortn D'IHIat 610atroq-
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b. Sag6rding web-31to.s., only that part T)f a
W6_ske IhVt itr :DbOUt Y OUr 0
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rv'66� lar the 0-u 6 et elf mm�A 4
rp S 1�mn g
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xAt4o MWSI
a, A land mol*T Vlohlarc valler or samftrtlltnr
4341A;14d fb-r lraM� an roatfol I nb l u di fla i�ahitter` sir b.
all 66. U'
B. Any ath ar lond 4ablale That is 4Ub1sct:tc a
c pmp.JSQT or Namrial reapon5it bllft law .pr
vabicla instjr4rics taw in the
Nwo; Wh4r.9 it is fiaq�sacl or.princtpally ga,..
ROT inOltidij 'tmoblf6
d.is"4e su-511jimd. by a parddhi tor,[U�� dtiatK
reso lin from O rly Q fAh cc a at a M tirfta
'covarzaV. wrttwy MD .11 mo,,
4,, Thu Unftad. SiaOs Arnaricla (IrtImfing itc
Wrkwiu�;amd P Slao and
Canada;
IntaimtiQn-at wat6m. or V!iraPpoo, bm m -n if
h,E in or d4maga 0"Ur-S Irl the ca;xNa. of
truwl or -trmp ?tmvc:r! berwam! 40 Piaui
A 6bovo; or
All aLhor P"Tt;: of tb-a worj� I i f Th a- injur or
dmago wiscl; out of:
cr pradu= mfideor sold -b y Du
ttrft'bry
(2) Tfie jacOvfflea elf a
ttl 110 teTTROry.04406bad In Para u.,
sbave, Out is a 1b -a 4hart thrrit on
y our
(3) '"NTsatial end iadvart!iin Injur of-
.tar3ctsv- tit -at take placa ifi�ugh the Imer-
or Qlaatra_n-lc maims of _00m-
proVided the insurad, 9i h1l t to pla
dama is auterufma-d in .6 'Fwly bh tha
'murftlilr 41 t1im U171tofy des 'bad ]i Par4
cn n U0
4boV6 OT 11 a 56ttlemeat Wa Dsroe to,
5. '"Emplo
91 m =494vf� offlmT, Moans a person holdin any
o f.l.he Qf5car positicM, m mwd b'y Y oUr chqtter,
C61)-nitAon bplam; cir a n y t; tbtir :9 lt;Mar qcv-
Of. *111 dOdUM;3nt,
CG 00 01 12 0 A0 rSD P ties, Jtm., 20,06 p a g e I tai f4
DK�8U"FIW8 COPY
POLICY CA 8263666
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
2A,
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 1o/oi/io Countersigned By:
Named Insured:
Mountain Cascade Inc.
Authorized Representative
SCHEDULE
Name of Person(s) or Organization(s): City of Alameda
Public Works Department
950 West Mall square. Room 110
Alameda, CA 94501 USA
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II
of the Coverage Form.
CA 20 48 02 99
Copyright, Insurance Services Office, Inc,, 1998
Approved
x
UTY ATTORNEY
o mutwiLl
Liberty Mutual Surety
1001 4th Avenue, Suite 1700
Seattle, WA 98154
Premium: $2,053.00
PERFORMANCE BOND Bond 6620500
KNOW ALL BY THESE PRESENTS, That we, Mountain Cascade, Inc.
555 Exchange Court Livermore CA 94550
thereinafter called the Principal), as Principal, and Safeco insurance Company of America a corporation
duly organized under the laws of the State of Washington thereinafter Called the Surety), as Surety, are held and firmly
bound unto City of Alameda
950 W. Mall 5 uare #110, Alameda CA 94501 thereinafter called the Obligee),
in the sum of Two Hundred Twenty Three Thousand one Hundred Dollars and 001100
t$ 223 Dollars, for the payment of which sum. well. and truly
to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
Signed and sealed this 1 St day of
October z 2010
WHEREAS, said Principal has entered into a written Contract with said Obligee, dated Se ternber 30, 2010
for Pipe Burst Existin 14 -Inch VCP Storm Drain Pipe and Replace with 16-Inch Pipe on Eighth Street between Pacific
and Lincoln Avenues, No. P.W. 09- 10--24
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as. if fully set forth
herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly
keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part
of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the .same be commenced
within two (2) years following the date on which Principal ceased work on said Contract.
Mountain Gracade, Inc.
Principal
By
Bi E i1l.iams sr x Cutive VP
Safec I nsurance Compa
i N-
America
Attorney -in --Fact
S•0757lSA 10/99
XDP
State of California
County of San Francisco
On October 1, 2010
(insert name and title of the officer)
personally appeared Bradley N. Wright
who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/are
subscribed to the within instrument and acknowledged to m e that he4sWttmy executed the same in
his s #authorized capacity( and that by his /M§€AW49ir signatures) on the instrument the
persons), or the entity upon behalf of which the pers on(R) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the lags of the State of California that the foregoing
paragraph is true and correct.
j
COMM. .01881205.
NOTARY. PUBMeCALWORM
CL SAN FRANCIS
my comet. 1.
J
WITNESS my hand and official seal.
Signature M (Seal)
before Mme, I MO, Notary Public
Liberty Mutual Surety
1001 4th Avenue, Suite 1700
Seattle, WA 98154
PAYMENT BOND
KNOT ALL BY THESE PRESENTS, That we,
BOND No. 6620500
Mountain Cascade Inc. 555 Exchange Court Livermore CA 94550
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter Galled Principal and Safeco insurance Company of America a WA Corporation,
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Alameda 950 W. Mail Square #110 Alameda CA 94501
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as herein defined, in the amount of
Two Hundred Twenty Three Thousand one Hundred Dollars and 001100 Dollars 223 1 1 00.00
(Here insert a sum equal to at least one -half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Principal has by written agreement dated 5ep tembe r 30 2010 entered into a contract with Owner for
Pipe Burst Existing 14-Inch VCP Storm Drain Pipe and Re lace with 16-Inch Pipe on Eighth Street, between Pacific and Lincoln Avenues, No. P.W. 09-10-24
in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make payment to all Claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the Contract,
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been
paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed,
or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or
sums as may be justly due Claimant, and have execution thereon.
3. No suit or action shall be commenced hereunder by any Claimant.
a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given notice to any two of the following: The Principal, the
Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of
the materials for which said claim is made.
b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract. If the provisions of this paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.
Signed and sealed this 1 St day of October 2010
Aproved as to Form
i
W emm4m
CITY ATTORNEY
ti7"'�# 1 l�1�7►"► Gl�O
XDP
T 144
State of California
County of_ San Francisco
On October 1, 2010
before me, J. Mo Notary P ublic
(insert name and title of the officer)
personally appeared Bradley N. Wright
who proved to me on the basis of satisfactory evidence to be the pers on(K) whose name(s) is/are
subscribed to the within instrument and acknowledged to m e that he /skeaf executed the same in
hiSMKth authorized capacity(W9), and that by hislMgh�* signatures} on the instrument the
persons), or the enti upon behalf of which the pers on( acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature Y
POWER
O F ATTO RN EY
KNOW ALL BY THESE PRESENTS:
No_ Og'
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
X Y: *ERIN BAUTISTA; FRANCES M. M URPH Y; J EAN L. N E U; San .dose, Ca iforn ia; CAROL B. HENRY;
BRYAN D. MARTIN; B. A. POITEVIN; BRADLEY N. WRIGHT; San Francisco, Ca (ifornia **�**X*X**
its true and lawful attorney(s�in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respect ve company hereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 1 5th day ❑f December 2009
4
Dexter R. Legg Secreta Timothy A. Mikola'ewski, Vice President
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that.purpose by the officer in charge of surety operafions, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fideli y and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced=
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFEGO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, '19 1D.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
0 The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By --Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the
Pourer of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sea[ of said corporafion
Palo
1St day of Oct ober
SEAL 14C
SEAL
s
Dexter R. Legg, Secretary
l Ifil rl�
S- 09T41D S 3109 WEB PD F