HomeMy WebLinkAboutDuke's Root Control, Inc. TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
CONTRACT
2014 Sanitary Sewer Mainline Root Foaming Project
„,At ,^,
THIS AGREEMENT, made, executed, and entered into this tos day of 1-�y , 2014,
by and between the Town of Los Altos Hills a General Law City, hereinafter referred to as the Town, and
Duke's Root Control Inc. , hereinafter referred to as the Contractor.
WITNESSETH
ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned
to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the
work and furnish all materials necessary to complete in a good workmanlike and substantial manner all
that certain work involved and concerned with the 2014 Sanitary Sewer Mainline Root Foaming Project.
Said work shall be done in manner and according to the terms of the Contract as the same is defined in
Article 4 herein.
ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full
compensation for furnishing all materials and 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 acts 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 Town and for all risks of every description connected
with the work; also 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 plans and specifications, to wit, according to Contractor's proposal to the City Council,
entitled EXHIBIT"A,” Proposal to the City Council'and attached hereto.
ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does
employ, hereby, said Contractor to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices 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, administrators, successors, and assigns, do hereby agree to the full
performance of the covenants herein contained.
ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders,
Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the
parties herein are governed by all of said documents, which are to be construed as a single Contract.
The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said
Contract shall be final and binding on the parties hereto.
ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall
be completed within Ninety(90)working days from and after the commencement of said work.
ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating
to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or
omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor.
connet
1i4 SANT[ART SEWER MAINLINE ROOT FOAMING PROJECT
ir+ ri
IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written.
TOWN OF LOS ALTOS HILLS
A General Law City
LSL-Co9_
City Manager
ATTEST:
��p
City Clerk,Town of Los Altos Hills
CONTRA ••
By 10P
Title William J.Anderson, Vice President
Con
2 2014 SANITARY SEWER MAINLINE ROOF FOAMING PROJEC1
V 4
NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL
New York
State of Galifornie )
County of Santa-Clara )
Onondaga
On April 23, 2014 before me, Lynn Heffron , personally appeared
William J.Anderson,Vice President of Duke's Root Control, Inc. ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons,or the entity upon behalf of which
the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature # (Seal)
LYNN HEFFRON
Notary Public, State of New York
Qualified in Onondaga County
No. 01HE6035182
Commission Expires Dec.27,20 17
•
CoECI
3 2014 SAM ARV SEWER MAINLINE xmWI001 FOAMING Pa
RESOLUTION 17-14
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS AUTHORIZE THE CITY MANAGER TO
AWARD A CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER IN AN
AMOUNT NOT TO EXCEED $350,000 FOR THE CONSTRUCTION OF
2014 SANITARY SEWER MAINLINE ROOT FOAMING PROJECT
t
WHEREAS, the City Manager recommends that the contract for said project be awarded to the.
lowest responsible bidder, in an amount not to exceed$350,000; and
WHEREAS, the Public Works Director recommends that funds of$70,000 be made available
for construction contingency, inspection and testing of said project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
that:
1. The City Manager is hereby authorized to award a contract with the lowest
responsible bidder in an amount not to exceed$350,000."
2. The City Manager is hereby authorized to execute necessary contracts with an
inspection and testing firms in an amount not to exceed$35,000.
3. The Public Works Director is hereby authorized to approve contract change orders in
an amount not to exceed $35,000.
The above and foregoing resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 17th day of April, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
.NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
ATTEST:
eborah Padovan, City Clerk
Resolution 17-14 Page 1
rt 6
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
Notice to Bidders
Proposal
Agreement
Special Provisions
FOR
2014 SANITARY SEWER MAINLINE ROOT FOAMING PROJECT
FOR USE WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD
SPECIFICATIONS MAY 2006 EDITION
PUBLIC WORKS DEPARTMENT
TOWN HALL, 26379 FREMONT ROAD
LOS ALTOS HILLS, CA 94022
TELEPHONE: (650) 941-7222
FAX NO: (650) 941-3160
Richard Chiu Jr., PE
City Engineer/Public Works Director
R.C.E. 55414, License Expires 12/31/14
BID OPENING:2:00 p.m., April 16, 2014
fir
PROPOSAL TO THE CITY COUNCIL
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
FOR
20141LSanitary Sewer Mainline Root Foaming Project
NAME OF BIDDER: hu AeS Root Co/ RQ r 'IANC .
BUSINESS ADDRESS: b as 14 JQWat'40.- BLycy . I.1/P.FT
CITY, STATE,ZIP: SYR a, CA/SE PEW y4 t J3aO'f
LICENSE NO.:B37317 CLASS: C4! /b 6i EXP. DATE: II - 30 —)O IS
TAX ID NO.: 75 68n I
TELEPHONE NO: (3/6 ) 402 -1981 FAX NO: Oar) `OS-11. o3
The work for which this proposal is submitted is for Root Control Treatment according to the Contract
Documents, including the Special Provisions,the Contract Agreement,the sewer map described below,and
the State of California Department of Transportation Standard Specifications, May 2006 Edition. The
Contract Book shall be used in conjunction with the above documents, and the State of California
Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of
Industrial Relations General Prevailing Wage Rates current at the bid opening date.
The work to be done consists of root foaming treatment of sewer mainlines within Los Altos Basin and Palo
Alto Basin of the Town of Los Altos Hills as shown on the sewer map and described in the specifications
with the title 2014 Sanitary Sewer Mainline Root Foaming Project.
A bidder's bond, in an amount and of a form described under Paragraph 1 of the Proposal Requirements
Section of these Provisions shall accompany this proposal. The project shall be awarded to the lowest
responsible bidder who meets all the Proposal Requirements, and the requirements of the Contract
Documents.
The bidder shall set forth for each item of work a unit price and a total for the item, and for each lump sum
item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In
the case of unit basis items,the amount set forth under the "Total"column shall be the extension of the item
price bid on the basis of the estimated quantity for the item.
In case of conflict between an item price in words and the price in figures,the price in words shall prevail. In
case of discrepancy between an item price and the total set forth for a unit basis item, the item price shall
prevail. However, if the amount set forth as an item price is ambiguous, illegible or uncertain for any cause,
or is omitted, or is the same amount as the entry in the 'Total" column, then the amount set forth in the
"Total"column for the item shall prevail and shall be divided by the estimated quantity for the item and the
price thus obtained shall be the item price.
4101
Failure to provide the required information, or if information provided is subsequently proved false, the
proposal shall be considered as non-responsive and shall be grounds for rejection of the bid.
If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two
bonds in the sums required by Section 4-3 of the Special Provisions,with surety satisfactory to the Town of
Los Altos Hills within 12 days, not including Sundays and legal holidays,after the bidder has received notice
from the Town that the Contract has been awarded, the Town may, at its option, determine that the bidder
has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be invalid. If the
Town declares the proposal as invalid, the forfeiture of such security accompanying this proposal shall
operate and the same shall be the property of the Town.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as
principals are those named herein;that this proposal is made without collusion with any other person,firm or
corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed
form of Contract, and the plans therein referred to; and he/she proposes and agrees, if this Proposal is
accepted, that he/she will Contract with the Town of Los Altos Hills in the form of the copy of the Contract
annexed hereto,to provide all necessary machinery, tools, apparatus and other means of construction, and
to do all the work and furnish all the materials specified in the Contract, in the manner and time therein
prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take
in full payment therefor in the amounts shown on the following Item Price Schedule,to wit:
-,
G
2014 Sanitary Sewer Mainline Root Foaming Project
ITEM PRICE SCHEDULE
Item Estimated Item Price Item Price Total
No. Description Quantity (in words) (in figures) (in figures)
Foam Treatment
p ONtdolla.f: $ ( . QQ $ 289r39&o:.
1 6"Sewer Pipes 265,500 LF
NINE Le/AS
oNE c(a1faZ
2 8"Sewer Pipes 10,600 LF $ 1 ,49 $ II SJr{,e%
MNE Ceuis
°Ne drollae& p
3 10"Sewer Pipes 7,300 LF i�f an/N.1 ve town $ 1 . 3' $ 5�S-Cro�
owe,d/o� lla .j'l
4 12"Sewer Pipes 10,900 LF .40;{})! avert+r� $ I $ IC 49te02,
TOTAL OF ALL BID ITEMS(1 through 4): $ 227 t6 Qa
L7 •'040
TOTAL BID AMOUNT IN, ,�W,ORDS-I'{,'_ M9_ .f weal e Ve • • •., ci
<11cIN(,led tF.cQ 1.11~or/ AJ NF_ •IOI(OCS Na C '
QUANTITIES OF WORK
The quantities of work of material stated in the unit bid price items of the Item Price Schedule are
supplied only to give an indication of the general scope of the Work. The Town does not expressly nor by
implication agree that the actual amounts of work or material will correspond therewith, and reserves the
right after award to increase or decrease the quantity of any unit bid item by an amount up to 25 percent
increase or decrease without a change in the unit prices, and shall have the right to delete any bid items
in its entirety and receive full credit in the amount shown in the Item Price Schedule for the deleted item of
Work.
2014 sANerAxr SEWER MAwIrvE ROOT FOAMING PROJECT
V 1/44
ADDENDA ACKNOWLEDGMENT AND INFORMATION
F
The undersigned acknowledges receipt of Addendum No.NIA-through f'{Onclusively.
PRINCIPAL PERSONS WITH INTEREST IN PROPOSAL
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE. If bidder or other interested person is a corporation, state legal name of
corporation, also names of the president, secretary, treasurer, and manager thereof; it a
copartnership, state true name of firm, also names of all individual copartners composing firm; if
bidder or other interested person is an individual,state first and last names in full.
Duke IS Raiff rnmite L., tut .
hes;EIL Nt —h,iehatEL /6 A#j
\Ref Pees;EAs- ki ; tiffG S. A-Ade7zSeAl
sect G{.tR 4 tL t.R.e s vRF e— CAIOs'fnace LAJQW -k.
EXPERIENCE AND FINANCIAL QUALIFICATIONS
The bidder has been engaged in the contracting business under State License No.817327 for a
period of(9_years.
The bidder's three most recently completed Contracts are:
1. Title of Proiect: Ctl "{
Btn+CrA�. FLOC -Regwea of S"14-w±a9 SEW£2.
Owner: SAAS aeaSEr city `J
Address: HO( Ma1t,tcj Li/Si n) JJSc1CA- ?S/3_3
Telephone No.: 9o, — O'7A7
9`f - 19 `F
Engineer in Charge: �d R.9 O Al Chhaty
Date Accepted: 5 — / 2,013
2. Title of Project: QkM e-AL E0/0 f" /�(;O0 1C�o /. -SEKVr CPS
Owner: a i f V 104— PP R-4-1G ti10L
Address: J!2° SW 5th hue. earflaphi, CL 9 )205(
Telephone No.: SO3 '813 - 73 e
Engineer in Charge: 641 L L uty
Date Accepted: '! —10 _aP T /`
1110
3. Title of Project: S9-FirQK.y JEWeQPnhII.LS - dein CA-t RoOt rout-RAC'fte+lh eN�
Owner: -row N 04- 14r11S 1,ioisx>3 f
Address: WOO Rio RAkid,c y4ve• , 14;acSog.ov31 f CA9V-010
Telephone No.: (o511 —3?S -7507
Enaineer in Charae: -170 tilt' Id ;
Date Accepted: — I oZ o 13
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder:
Name of Bank Address
tey BMAC 1510 w. C,e.NPStt �4ytiLT
sy1:a ws£ IN,>1. !3109
Reference is hereby made to the following surety companies as to the financial responsibility and general
reliability of the bidder: ff11
Company: 14 - IA1St/Q.huCt Co Mih/iy
Address: 77o l_t NCA LN S-4-g.a.7 wog eel-it ....t q
Company:
Address:
Prqx.0
4.0
410
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985),the bidder hereby
declares under penalty of perjury under the laws of the State of California that the bidder has , has
not K been convicted within the preceding three years of any offenses referred to in that section,
including any charge of fraud, bribery,collusion, conspiracy, or any other act in violation of any state or
Federal antitrust law in connection with the bidding upon, award of, or performance of,any public works
contract,as defined in Public Contract Code Section 1101, with any public entity, as defined in Public
Contract Code Section 1100, including the Regents of the University of California or the Trustees of the
California State University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as referred to in
Section 10285.1.
Note: The bidder must place a check mark after"has"or"has not in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement. Bidders are cautioned that making a
false certification may subject the certifier to criminal prosecution.
Pv
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162,the Bidder shall complete, under penalty of
perjury,the following questionnaire:
Has the bidder, any officer of the bidder,or any employee of the bidder who has a proprietary interest in
the bidder,ever been disqualified, removed,or otherwise prevented from bidding on,or completing a
federal, state, or local government project because of a violation of law or a safety regulation?
YES NO ✓
If the answer is yes, explain the circumstances in the following space:
FIVIPO•al
. r
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232,the Contractor, hereby states under penalty of
perjury,that no more than one final unappealable finding of contempt of court by a federal court has been
issued against the Contractor within the immediately preceding two year period because of the
Contractors failure to comply with an order of a federal court which orders the Contractor to comply with
an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
4.0NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To The Town of Los Altos Hills
Public Works Department
In conformance with Title 23 United States Code Section 112 and Public Contract Code
7106 the bidder declares that the bid is not made in the interest of, or on behalf of,any
undisclosed person, partnership,company, association, organization,or corporation;that
the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid,and has not directly or
indirectly colluded, conspired,connived,or agreed with any bidder or anyone else to put
in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any
manner, directly or indirectly,sought by agreement,communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit,
or cost element of the bid price,or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed
contract;that all statements contained in the bid are true;and,further,that the bidder has
not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto,or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid
depository,or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this
Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
, v (1110
Accompanying this proposal is +'1 ct .gS Bowc
(NOTICE:INSERT THE WORDS "CASH($ ),""CASHIERS CHECK,"
"CERTIFIED CHECK,"OR "BIDDERS BOND,"AS THE CASE MAY BE.)
in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of
the president, secretary, treasurer, and manager thereof;if a copartnership, state true name of firm,
also names of all individual copartners composing firm;if bidder or other interested person is an
individual, state first and last names in full.
DukeY Peel- Qosjf.et., LI Pg.esidEYt- w JCIE (fog 4/0
V;ce ?PAS iaEtvt- wtuiaha.A-ndERsodu See,t +Rttsut- z- onwrfo.mcE tua ui4'k.
Licensed in conformance with an act providing for the registration of Contractors,A
License No. $2"1317 Classification(s) C 61 / y 6
ADDENDA- This Proposal is submitted with respect to the changes to the contract included in
addenda number/s /J Olt
(Fill in addenda numbers if addenda have been received and insert,
in this Proposal, any Engineer's Estimate sheets that were received
as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California,that the foregoing questionnaire and statements of Public Contract Code Sections 10162,
10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations(Chapter 5,Title 2 of the
California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury
under the laws of the State of California and the United States of America,that the Noncollusion Affidavit
required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106;and the
Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and
correct.
Date: 46` 3 2.oN
s Rao1 Cs7Nf 7zo4,Tue .
S-ign��� C Cp'�1���-j
Here VicE Pats
Signature
a sSignature and Title of Bidder
1010 ht.awcttka . I3Lvd. wesr
Business Address Syto_Iotgr N.y- 132,04
Place of Business C gct t✓v.ET N. >/. I31-OV
Place of Residence SY/ Le /Se y 1J,'f, 132_0'f
. r
TOWN OF LOS ALTOS HILLS
STATE OF CALIFORNIA
2014 Sanitary Sewer Mainline Root Foaming Project
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,that we Duke's Root Control, Inc. ,as
Principal, and The Hanover Insurance Company , as Surety,
are held and firmly bound unto the Town of Los Altos Hills, hereinafter called"Town", in penal sum of ten
percent(10%)OF THE TOTAL AMOUNT OF THE BID OF THE PRINCIPAL submitted to the said'Town"
for the work described below for the payment of which sum in lawful money of the United States,well and
truly to be made,we bind ourselves, our heirs,executors,administrators, successors and assigns,jointly
and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
accompanying Proposal dated APR:L q Tin. , 2014, for 2014 Sanitary Sewer Mainline
Root Foaming Project.
NOW, THEREFORE, if the Principal shall not withdraw said Proposal prior to the date and time for the
opening of bids, and if the Principal is awarded the Contract and shall within the period specified in the
Proposal after receiving notice that the Contract has been awarded and the prescribed forms are presented
to him/her for signature, enter in a written Contract with the Town, in accordance with the Proposal as
accepted and give insurance and bond with good and sufficient surety or sureties, as may be required, for
the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials
used for the performance of the Contract, or in the event of the withdrawal of said Proposal within the period
specified or the failure to enter into such Contract and give such Town bonds,within the time specified, if the
Principal shall pay the Town the difference between the amount specified in said Proposal and the amount
for which the Town may procure the required work and/or supplies, if the latter amount be in excess of the
former, together with all costs incurred by the Town in again calling for bids, then the above obligation shall
be voided and of no effect,otherwise to remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract on the call for bids, or to the work to be performed thereunder, or the
specifications accompanying the same, shall in anywise affect its obligation under this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of said
Contract or the call for bids, or to the work, or to the specifications.
In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all
costs incurred by the Town in such suit, including a reasonable attorneys fee to be fixed by the court.
Precoul
17 ro,.:AM.AR.srWha MAINLINE ROOT FOAMING PROJECr
40 4
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several
seals this 9th day of April , 2014, the name and corporate seals of each corporate
party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to
authority of its governing body.
(Corporate Seal) Duke's Root Control, Inc.
Principa
By �I C/
(Acknowledgment) Title Net, ?ce -;t P&4—
(Corporate Seal) The Hanover Insurance Company
Suret •
{��9
By illy—"C—
A neys-in-fact/��o •Joohn A. Sroka
Title (:
(Acknowledgment) lwrw -
Corinne E. YousetAci t Manager
—,
1s 10]4 SANrTARY SEWER MAINLINE ROOT FOAMING PROJECT
V flrl
NOTE TO SURETY COMPANY: The following form
of acknowledgment should be used. If any other
form of acknowledgment is used, there must be
submitted a certified copy of unrevoked resolution of
authority for the attorney-in-fact.
NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY
State of New York )
County of Onondaga )
On April 9, 2014 before me, Gillian F. Wright, Notary Public , personally appeared
John A Sroka
who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which
the persons 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 -- M (Seal)
0 GNLIAN E WRIGHT
Notary Public,State of New York
Qualified in Onon.Co.No.01WR5049234
Commission Expires Sept 11,2017
aw.N
2014 SANITARY SEWER MAINUNr ROOT FOAMING PROW
NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL
State of California ) N
County of Santa-66w- ) Onordot1a
On/><:‘\ v-1 w \ before me, Gd.\ p, \-36..Ae,.A , personally appeared
WT\\lnn J YanAexson
who proved to me on the basis of satisfactory evidence to be the person(s)whose name are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing
paragraph is true and correct.
WITNESS my hand'anand officialfiseal. //II �/
•
Signature of 0 l�iNnw E (Seal)
GAIL A. DAILEY
NOTARY PUBLIC,STATE OF NEW YORK
No.010A6073015
QUALIFIED IN ONONDAGA COUP.I Y
M1'COM'IlFSION EXPIRES APRA :' 2014
22 2014 SANITARY SEWER MAINLINE ROOTFOAMING?ROI==T
V V
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being
corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA.a corporation
organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Roberta Rayo,Lori L.Van Auken,Linda J.Provo,Patricia G.Corwin,John A.Sroka,
Corinne E.Yoiaey,Jason D.Walker and/or William G.Butler
of Syracuse,NY and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed
any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,
contracts of indemnity or other writings obligatory in the nature thereof,as follows.
Any such obligations in the United States,not to exceed Thirty Million and No/100($30,000,000)in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-In-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
"RESOLVED,That to President or any Vice President,in conjunction with any Vire President,be and they are hereby authorized and empowered to appoint
Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,
contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal ofthe Company.My such
writings so executed by such Attorneys-in-fact shall be as binding upon the Company as it they had been duly executed and acknowledged by the regularly
elected officers of the Company in their own proper persons'(Adopted October], 1981-The Hanover Insurance Company;Adopted April 14, 1982-
Massachusetts Bay Insurance Company:Adopted September],2001-Citizens Insurance Company of America)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY. MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,
this 13th day of December 2011.
THE HANOVER INSURANCE COMPANY
• INSURANCE
4 ' CITIZENS,1)I U NCEMASSACHUSETTSY�rOMPANY OF AMERICA
'''''.41B101 Robert AAThhoomas.Viicce/e President
THE COMMONWEALTH OF MASSACHUSETTS ) — w ,"'-�`-
COUNTY OF WORCESTER )ss. ice.:renstrom, Ic President
On this 13th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance
Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers desalbed herein,and acknowledged thatthe
seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens
Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said
instrument by the authority and direction of said Corporations.
BARBARAA GARLICK
a wnunxzMgTTNtivNrMs
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p/Con�mya,pYPael 21,2018 /'
Barbara A.Garlick,Notary Public
My Commission Expires September 21,2018
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica,
hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
RESOLVED,That any and all Powers of Attorney and Certified copies at such Powers of Attorney and certfcaban in respectthereto,granted and executed
by the President or any Vice President in conjunction with any Vice President ofthe Company.shall be binding on the Company to the same extent as f all
signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile' (Adopted October 7.1901-The
Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company:Adopted September],2001-Citizens Insurance Companyd
America)
GIVEN under my hand and the seals of said Companies.al Worcester,Massachusetts,this 9th day of AP2I 2014
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF
F AMERICA
TIZE (OSAI_
n Mergoslan,Vice
President
'CS
nre The Hanvrtr InswanceCompany 1440 Lincoln Street Worcester,MA 01653
1-lanOVer Cltlams Inwrance Company of Pmvlra 645 West GmrM River Avenue,Hwrcll,MI 48843
Insurance(,roup. Massachusetts Bay Insurance Company 1440 Lincoln Street.Worcester,MA 01653
Financial Statement
The Hanover Insurance Company, Bedford, New Hampshire
Financial Statement as of December 31, 2013
ASSETS 2013
Cash in Banks (Including Short-Term Investments) $ 50,894,228
Bonds and Stocks $ 4,711,827,363
Other Admitted Assets $ 1,284,421,678
Total Admitted Assets $ 6,047,143,269
LIABILITIES, CAPITAL AND SURPLUS
Reserve for Unearned Premiums $ 1,350,588,326
Reserve for Loss and Loss Expense $ 2,264,133,905
Reserve for Taxes 0
Funds held under reinsurance treaties $ 5,856,574
Reserve for all other liabilities $ 596,875,901
Capital Stock - $1.00 par $ 5,000,000
Net Surplus $ 1,824,688,563
Policyholders'Surplus $ 1,829,688,563
Total Liabilities, Capital and Surplus $ 6,047,143,269
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER
Joseph Pedorella, Asst.Treasurer of The Hanover Insurance Company, being duly sworn deposes and says that he is the above
described officer of said Company, and certifies that the foregoing statement is a true statement of the condition and affairs of the
said Company on December 31, 2013.
Joseph Pedorella
Asst. Treasurer
a N40 411/
,a cwo CERTIFICATE OF LIABILITY INSURANCE 4DAT0,<°"""'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS •
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. •
IMPORTANT: N the certificate holder is an ADDITIONAL INSURED,the policy(es)must be endorsed. If SUBROGATION IS WAIVED,subject to
'I. the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Naylor, Freyer 8 Coon, Inc ENCC.nO Enr315-451-1500 FAX
Nn9
231 Salina Meadows Parkway EMAIL
P.O.4743 ADDRESS:
Syracuse NY 13221 INSURER(S)AFFORDING COVERAGE NAgp
INSURER A:Valley Forge Insurance Company 20508
INSURED DUKESROOT INSURER a Continental Casualty Comoanv 20443
Duke's Root Control Inc INSURER C Columbia Casualty Co '
1020 Hiawatha Blvd West1
INSURER 0:Hartford Companies 19682 1
Syracuse NY 13204 1
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1745325951 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I
INS0. ADDL SUER POLICYTYPE OF INSURANCE EFF POLICY EXP UNITS I
LTR INSR WVD POLICY NUMBER IMMDDIYYYY) IMMDDIYYYYI
A GENERAL LIABILITY C6004239018 1(1/2014 1/1/2015 EACH OCCURRENCE S1000.000
X COMMERCIAL GENERAL LIABILITY (Ea
DAMAGE TO
ORENcurtnnml 5100,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000
' X Contractual PERSONAL 6 ADV INJURY $1,000000
X Lmld Pollution GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000
',• 7 POLICY PPO X LOC Pdluian Limit $1000,000
A AUTOMOBILE UABIUTY 1002379701 1/1/2014 1/1/2015 (Eaaca G°SINGLE LIMI I
I OWIN $1000000
X ANY AUTO BODILY INJURY(Per person) S
ALL OWNED SCHEDULED
1 AUTOS AUTOS BODILY INJURY(Per'accident) E
P
I X HIRED AUTOS X rar ED (PeremTDAMAGE y
•
S
B X UMBRELLA LAB OCCUR C2090460194 111/2014 1/1/2015 EACH OCCURRENCE S10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE 510,000,000
• DED X RETENTION$10.000 $
B WORKERS COMPENSATOR 2074575957 1/1/2014 1/1/2015 WC STATU.
OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS
FR
ANY PROPRIETOR/PARTNER/EXECUTIVE —1 XIA E L.EACH ACCIDENT $1,000000
OFFICERMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 31.000.000
If describe under
DESCRIPTION OF OPERATIONS below EL.pEEASE-POLICY LIMIT $1.000.000
C Pollution Liability C5B288304266 1/1/2014 1/1/2015 55,000,000 Ow $5,000,000 Aug
A Slop Gap C6004239018 111/2014 1/1/2015
D Disability 2P63996A3AA 1/1/2014 1/112015 Statutory Limits
DESCRIPTOR OF OPERATIONS I LOCATORS/VEHICLES (Misch ACORD IM,Additional Remits Schedule,If mon spate IS mq,indr
Pollution Liability Deductible$50,000, Retro Date 5/2/09
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS.
26379 Fremont Road
Los Altos Hills CA 94022 AUTHORIZED REPRESENTATiE
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
V
G-140331-031
CNA (Ed. 01/13)
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS —
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE
PART as follows:
SCHEDULE(OPTIONAL)
Name of Additional Insured Persons Or Organizations
(As required by"written contract"per Paragraph A. below.)
Locations of Covered Operations
(As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.)
A. Section II -Who Is An Insured is amended to include as an additional insured:
1. Any person or organization whom you are required by"written contract" to add as an additional insured on
this Coverage Part; and
2. The particular person or organization, if any, scheduled above.
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property
damage,"or"personal and advertising injury'caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of
your ongoing operations specified in the"written contract; or
b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage"
included in the"products-completed operations hazard,"and only if:
(1) The"written contract"requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. If the"written contract"specifically requires you to provide additional insurance coverage via the 10/01 edition
of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037(aka CG 20 37 10 01), or via the 11/85
edition of CG2010 (aka CG 20 10 11 85),then in paragraph B.1. above, the words'caused in whole or in part
by are replaced by the words'arising out of.
3. We will not provide the additional insured any broader coverage or any higher limit of insurance than:
a. The maximum permitted by law;
b. That required by the"written contract";
c. That described in BA.above;or
d. That afforded to you under this policy,
whichever is less.
4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is
excess of all other insurance available to the additional insured whether on a primary, excess, contingent or
G-140331-D31 (Ed. 01/13)
Page 1 of 2
Copyright,CNA All Rights Reserved.
•
CNA 0G-1 1D31
(Ed. 01/13)
any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance
will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured.
5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or
"personal and advertising injury"arising out of:
a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying
services, including:
(1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys,field orders, change orders or drawings and specifications; and
(2) Supervisory, inspection, architectural or engineering activities; or
b. Any premises or work for which the additional insured is specifically listed as an additional insured on
another endorsement attached to this Coverage Part.
C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsement will as soon as practicable:
(1) Give us written notice of an "occurrence" or an offense which may result in a claim or"suit" under this
insurance,and of any claim or"suit"that does result;
(2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance
the additional insured has for a loss we cover under this Coverage Part;
(3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation,
defense, or settlement of the claim or"suit"; and
(4) Tender the defense and indemnity of any claim or"suit"to any other insurer or self insurer whose policy
or program applies to a loss we cover under this Coverage Part. But if the"written contract"requires this
insurance to be primary and non-contributory, this provision (4)does not apply to insurance on which the
additional insured is a Named Insured.
We have no duty to defend or pay on behalf of an additional insured under this endorsement until we receive
from the additional insured written notice of a claim or"suit"
D. Only for the purpose of the insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to
add the following definition:
'Written contract" means a written contract or written agreement that requires you to make a person or
organization an additional insured on this Coverage Part, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to:
a. The"bodily injury"or"property damage"; or
b. The offense that caused the"personal and advertising injury,"
for which the additional insured seeks coverage under this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
Material used with permission of ISO Properties, Inc
G-140331-D31 (Ed. 01/13)
Page 2 of 2
Copyright,CNA All Rights Reserved.
4
CNA 9-23188-A
(Ed. 05/89)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
SCHEDULE
Name of Person or Organization:
Blanket Waiver of Subrogation
(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 damage must arise out of your activities under a contract
person cc organization shown in the Schedule because of with that person or organization.The waiver applies only to
h payments we make for the Injury or damage.This injury or the person or organization shown in the Schedule.
e
s
9-23188-A Page I of 1
(Ed.05/89)