Loading...
HomeMy WebLinkAboutCupples & Son's Construction 2011-03-14kJ "IGINAL CITY OF UKIAH Mendocino County, California AGREEMENT FOR CITY OF UKIAH RENOVATION OF 25 YARD SWIMMING POOL AND POOL HOUSE Specification No. 10 - 19 THIS AGREEMENT, made this _jy_ day of\ / 20_// , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and &i7p4,-k---~.,&STRuCk.~,ereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE,THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Davs Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Architect/Engineer. The Contractor shall complete the work within one hundred eighty (180) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Architect/Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Architect/Engineer The City must have public and operational access for the summer swim season. Construction must be scheduled to allow for the following conditions: Renovation of 25 Yard Swimming Pool and Pool House 35 Spec. No. 10-19 City must have access to the large pool from June 1, 2011 through August 15, 2011. Construction shall safely secure/fence off area of work at the 25 yard pool and ancillary area. Large pool and its perimeter deck must be accessible to the public from June 1, 2011 through August 15, 2011. Construction of the pool house must be completed by June 17, 2011. Pool house construction shall be completed and accessible to the public by June 18, 2011. Article 11. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking Renovation of 25 Yard Swimming Pool and Pool House 36 Spec. No. 10-19 the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre- qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. Renovation of 25 Yard Swimming Pool and Pool House 37 Spec. No. 10-19 (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this /V day of 20-i/. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Y Attest: CITY MANAGER, CITY OF UKIAH CITY OF UKIAH By: -,P' ~Y - - r CONTRACTOR Attest: Title: . The foregoing contract is approved as to form and legality this / 'day of Vk vL I. 20-0 CITY A +T-, CIT OF U IAH Renovation of 25 Yard Swimming Pool and Pool House 38 Spec. No. 10-19 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on V472-c44 14 , 20 11 , by and between the City of Ukiah (Ukiah) and Cupples Construction (Contractor). Contractor is performing work as described in Specification No. 10-19 Renovation of 25 yard Swimming Pool and Pool House for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CUPPLES CONSTRUCTION BY: ,p PRINT NAME: / t«C /G-ti /f.41 e S TITLE: 11] r re sc CIa r4- Renovation of 25 Yard Swimming Pool and Pool House 39 Spec. No. 10-19 Bond Number: 2090811 Premium: $9,567.00 CrrY OF UKI4H Mondoelno County, alifornin FAITHFUL, PERFORM NCi I3Q KNOW ALL MEN BY'i;HESE PRESENTS, That we the Undersigned, Cuppies & Sons Construction, Inc. A$ PRINCIPAL, and AS SttLtl+TV, North American Specialty Insurance Company are held firmly hound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal suni of Six Hundred Six Thousand, Six Hundred Sixty-Nine****** dOllarS ( 606,669.00 ) for the payment of which surn we hind ourselves, our heirs, executo ~s, administrators, and successorsJointly and severally, WHEREAS, the Principal has entered into a certain Contract with (he City, dated 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such th, 'Contract and all duly authorized modifications thereof, during its on and during any guaranty period for which the Contract provides, and the prosecution of the work under the Contract and shall fully Indemi of such claims, including its attorney's' fees and court costs, and supplying labor, sorviccs, materials, or equipment in the prosccutior persons shall have a direct right of action hereupon; and if the Prin` payable as a result of the performance of the Contract as well as p performance of the Contract and all motor vehicle fees required for performance of the Contract, then this obligation shrill be void; modification of the Contract or extension of the term thereof, nor release the Principal or the Surety from liability hereunder, Notic forbearance is hereby waited, t if the Principal shall in all respects fully perform the final term and any extensions thereof that may be granted If the Principal shall fully satisfy all claims, arising out of ify the City for till expenses which it may incur by reason f thn Principal shall make full payment to all persons of the work under the Contract, in default of which such ipal shall pay or cause to be paid all sales and use taxes kynient of gasoline and special motor fuels taxes in the commercial Motor vehicles used in connection with the otherwise, it shall remain in full force and effect, No ny forbearance on the part of the City shall in any way to the Surety of any such modification, extension, or IN WITNESS WHEREOF, the aforesaid Principal and Surety havo executed this instrument and affixed their seals hereto, this 7th day of arch _,20 11 In the presence of; WITNESS: (SEAL.) (In wdual Principal) (Ruiiness Address) (CI /State/Zip Code) Renovation of 25 Yard SwlmMIng Pool and Pool House 40 Speo, No. 10-19 WITNESS: Cupples & Sons Construction, Inc. (Cor orate Principal) 501 St.. Mary's Avenue (Bus Ness Address) Hopland, CA 95449 (City Statc/Zip Code) ATTEST. (Cor}~orate Principal) Affix Corporate Seal (Bus ncss Address) (Ci ATTEST- n Sa dra R. ack, Att rney- n- ct Corporatu Seal 70 S. Parke Street, Ste. 3800 d ness Addrotis) Orange, CA 92868 (Cit /State/Zip Code) XXX 25.00 first $ 100,000 15.00 next $ 400,000 The rate of premium on this bond is 10.00 next $ 2,00,000, per thousand. The total amount ofpremium charges is 9567.00 (The above is to be filled Ih by Surety Company). (Power of (CERTIFICATE, AS TO of person signing for Surety Company must be attached), RATE PRINCIPAL) I, , certify that I the corporation named as > rineipal in the foregoing bond; that the said bond on behalf of the Principal, was then that I know his signature, ind that his signature thereto is genuine; a for and in behalf of said corporation by authority of its governing 1 Renovation of 25 Yard Swlmdning Pool and POot House 41 m the Secretatyof who signed ofsaid corporation; d that said bond was duly signed, sealed, and attested to ~dy, Affix Corporate Seal Spec. No. 10-19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On '313111 before me, Sokha Khon. Notary Public , Date Here Insert Name and Title of the Officer personally appeared Sandra R. Black Name(s) of Signer(s) 'who proved to me on the basis of satisfactory evidence to SOKHA KHON t /n COMM. #1742622 {I, NOTARY PUBLIC • CALIFORNIAa SACRAMENTO COUNTY f COMM, EXPREs APRIL 29, 20'11 be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official sal. Signature Place Notary Seal Above Signature of Notary Pub is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -Title(s):_ ❑ Partner ❑ Limited ❑ General 56 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: North American Specialty Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1.800-876-6827 Bond Number: 2090811 Premium: Included CITY OF UK Il Mendocino County, C!alifornia MATERIAL DLA OR 10 I KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Cupples & Sons Construction, Inc. AS PRINCIPAL, and - North American Specialty Insurance Company AS SURETY, are held firmly hound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sutra of Six Hundred Six Thousand, Six Hundred Sixty-Nine****** dollars 606,669.00 for the payment of which Sum we bind ourselves, our heirs, executo s, administrators, and Successors, jointly and severally, WHYMAS, the Principal has entered into a certain Contract with (ho City, dated 20 a copy of which Is hereto nttaehed and made a part hereof, NOW, THEREFORE, tho condition of this obligation is such th t if the Principal shall in all respoets fully perform the Contract and all duly authorized modifications thereof, during its on inal term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and f the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indem ify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and 'f the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Prfn ipal shall pay or cause to be paid all times and use, taxes payable as a result of (lie'. performance of the Contract as well as p yment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be, void; otherwise, it shall remain In full force and effect. No modification of'Ibo Contract or extension of the term thereof', nor ny forbearance on the part of the City shalt in any way release the Principal or the .Surety from liability hereunder. Notle to the Surety of any such modification, extension, or forbearance is hereby waited. IN WITNESS WHEREOF, the aforesaid Principal and Surety havp executed this instrument and affixed their seals hereto, this 7th day of March . 20__U in the presence of; WITNESS: (SEAL) (1n ividual Principal) (Bu iness Addres,.0 (Cit' /Statc/Gi) Code) Ranovailon of 26 Yard swimming Pool and Pool House 42 Spec. No, 10.19 WITNESS: Cupples & Sons Construction, Inc. - -(SEAT.) (CO Orate Principal) 501 St. Mary's Avenue (Bu,inoss Address) Hopland, CA 95449 (C4/state/Zip Code) ATTEST: (Co,poratePrincipal) Affix Corporate Seal (Bu, iness Address) (Cif /State/'C~du) ATTEST: Company Affix St7 C, A or ey-in-Fac Corporate Seal 7 S. Parker Street, Ste. 3800 (Bu in ss Address) Orange, CA 92868 (Cit /statelaip Code) ~ The rate of premium on this bond is $ n/a per lhowsand, The total amount of.premlum charges is (The above is to be filled to by Surety Company). (Power of AttorneX of person signing for Surety Company must be attached), (CERTIFICATE AS TO CORPORATE PRINCIPAL) certify that i Im the Secretary of the corporation named as ] rincipal in the foregoing bond; that , who signed the said bond on behalf of the Principal, was than of said corporation; that I know his signature, ind that his signature thereto is genuine; a d that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal Renovatlon of 2$ Yard SWrOnIng Pool and Pool House 43 Spec, No, 10-19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On 1) Ill before me, Sokha Khon, Notary Public .I Date Here Insert Name and Title of the Officer personally appeared Sandra R. Black Name(s) of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they „r executed the same in his/her/their authorized capacity(ies), r" .4z;x . and that by his/her/their signature(s) on the instrument the EUNE'K9' SOKHA KI ION COMM. #1742622 ~ person(s), or the entity upon behalf of which the person(s) Q. acted, executed the instrument. NOTARY PUBLIC, .-CALIFORNIA SACRAMENTO COUNTY 0 R 'N COMM, FXPIKS APRIL 29,20-11 1 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 off' ' I s al. Signature OA- Place Notary Seal Above Signature of Notary 1`6`60- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner - ❑ Limited ❑ General 19 Attorney in Fact LOMM ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: North American Specialty Insurance Company Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 77777 Signer Is Representing: 9)2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notary.org Item #5907 Reorder: Call Toli-Free 1.800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: SHARON J. RUSCONI and SANDRA R. BLACK JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 1~p111Ii1IlJ/// ~ G y RPOR sl'(10NAk ' PO ' gT : . t~'• OFt SG. SEAL : n - Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company ~.p SEAL t E W 2m 1973 rnin & Senior Vice President of North American Specialty Insurance Company O: P, llllllllVlU\` By •t,'tl, ~t" tlt David M. Layman, Senior Vice Pmsiden of Washington International Insurance Company laMa & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of December 70 10 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 15th day of December 2010 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. f FICLAL SEAL" NNA D. SKLENS ary Public, State of Illinois ConJmitision Expires 1 010 611 0 1 1 bLOZ lu Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this I"day of ( 200 James A. Carpenter, Vice President & Assistant Secretan• of Washington International Insurance Company & North American Specialty Insurance Company Bond Number: 2090811 Premium: $9,567.00 CITY OF UKI*H Mendoclno county, alirori)1a TAI® 1TIFUL PERFO MANCIE BOND )[SNOW ALL MEN BY THESE PRESENTS, That we the undersignod, Cupptes & Sons Construction, Inc. AS PRINCIPAL, and North American Specialty Insurance Company ASSUR>"TY, ; are held firmly bound unto THR CITY OF UKiAH, hereinafter called the "City", in the penal sum of Six Hundred Six Thousand, Six Hundred Sixty-Nine****** dollars ( 606,669.00 ) for the payment ofwhich 'sum wt: bind ourselves, our heirs, execuw's, administrators, and suecessors,,jointly and severally. WHEREAS, the Principal has ontcred into a certain Contract with (hu City, dated , 20 , a copy of which is hereto attached and made a par( hereof, I°,OW,THEREFORE, the condition of this obligation is such th t if the Principal shall in all respects fully perform the 'Cont.ract and all duly authorized modifications thereof, during its eri rout term and any extensions thereof (hat may be granted and during any guaranty perind for which the Contract provides, and If the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully hiLm ify the City for till expenses which it may Incur by reason of such claims, including' Its attorney's fees and court costs, and if the, Principal shall make full payment to a[l persons supplying labor, sorviuus, Materials, or equipment in the prosecution of the work under the C=ontract, in default of which such persons shall have a direct right or action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the:performance or the Contract as well as p yment of gasoline and special motor fuels taxes in the performance of the Contr4ct and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shrill be void; therwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor , ny forbcaraneo on the part of the City shall in any way release the Principal or tkte Surety from liability hereunder. Nodce to the Surety of any such mortification, extension, or forbearance is hereby waived, IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 7th day of Marco v,20 11 In the presence of; WITNESS: (SEAL) (In lvidual Principal) (T31ness Address) (C4/state/zip Code) Renovation of 26 Yard SwlmMing Pool and Pool House 40 Spec. No. 10-19 WITNESS: Cupples & Sons Construction, Inc. ...._(SCAL) (Cori orate Principal) 501 St., Mary's Avenue (Bus !less Address) Hopland, CA 95449 (City State/Zip Code) ATTEST. (Cor~orate Principal) Affix Corporate Seal (Bus ness Address) rth America iSp i Insu Inc c mpany ATTEST: andra R. lac , Att y-in-Fac Corporate J Seal 7 1 S. Park r Street, Ste. 3800 us'ness Address) Orange, CA 92868 XXX (Cit (State/Zip Code) 25.00 first $ 100,000 15.00 next $ 400,000 The rate of premium on this bond is $ 10.00 next $ 2,00,000 per thousand. The total amount of premium charges is 9567.00 (The above is to be filled th by Surety Company). (Power of of person signing for Surety Company must be attached), (CERTIFICATE AS TO CO I, , certify that I the corporation named as ~rincipnl in the foregoing bond; that the said bond on behalf of the Principal, was then that I know his signature, ind that his signature thereto is genuine; o for and in behalf" of said corporation by authority of its governing t Renovation of 25 Yard Swlm6ing Pool and Pool House 41 TE PRINCIPAL) m the. Secretary of who signed of said corporation; d that said bond was duly signed, sealed, and attested to Ay, Affix Corporate Seal Speo, No. 10-1B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On .5 1 1111 Date before me, Sokha Khon. Notary Public Here Insert Name and Title of the Officer personally appeared Sandra R. Black SOKHA KHON g K COMM. # 1742622 ( NOTARY PUBLIC - CALIFORNIA e, b ~ SACRAMENTO COUNTY 0 ~~i°_oaN COMM. EXPIRES APRIL 29, 2011 11-~-~ Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and offi ' I s al Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: North American Specialty Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here] ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www,NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800.876.6827 Bond Number: 2090811 Premium: Included CITY OF U FI me,rdncino County, California MATERIAL AND LA ORBd ,D KNOW ALL MEN BY THESE PRESENTS, ' Thnt we the undersigned, , Cupples & Sons Construction, Inc. AS PRINCIPAL, and North American Specialty Insurance Company AS SURE'T'Y, are held firmly bound unto THE CITY OF UKIAH, hereinafter culicd the "City" in the penal sum of Six Hundred Six Thousand, Six Hundred Sixty-Nine****** dollars 606,669.00 for the payment of which Gum we bind ourselves, our heirs, execu(o s, administrators, and successors, jointly and severally. WH[ REAS, the Principal has entered into a certain Contract with (hr-, City, dated a copy of which is haralo Attached and made a part hurcof, NOW, THEREFORE, the condition of this obligation is such tN Contract and all duly authorized modifications thereof, during its on and during any guaranty pgriod for which the Contract provides, and the prosecutlon of the work under the Contract and shall fully indemt or such claims, including its attorney's fees and court costs, and supplying labor, services, materials, or equipment in the prosecutior persons shall have a direct right of action hereupon; and if the Prini payable as a result or the'.performance of the Contract as well its p performance of the Contract and all motor voltielo fees required for performance of the Contract, then this obligation shall be void; modification of:the Contract or extension of the torte thereof, nor t release the Principal or the Surety from liability hereunder. Notio forbearance is hereby waived. 20 , L if the Principal shall in all respocts fully pcrforttt the final term and any extensions thereof that may be granted if the Principal shall fully satisfy till claims, arising out of ify the City for all expanses which it may incur by reason f the Principal shall make lull payment to till persons of the work under the Contract, in default of which such ipal shall pay or causc to be paid all sales and use taxes kyment of gasoline and special motor fuels taxes in the commercial motor vehicles used in connection with the >therwise, it shall.remain in full force and effect. No ny forbearance on the part of the City shall in any way to file Surety of any such modification, extension, or IN WITNESS WHEREOF, the aforesaid Principal and Surety havp executed this instrumem and affixed their seals hereto, this 7th day of MArch 120_11 in the presence of; WITNESS: (SBAL) (In ividual Principal) (Bu iness Address) (Ci /State/'Lip Code) Renovatlon of 25 Yard swimming Pool and Pool House 42 Spec. No. 10.19 WITNESS,- Cupples & Sons Construction, Inc. __(SEAL) (Co porate principal) 501 St. Mary's Avenue (Bi mess Address) Hopland, CA 95449 (Cit 1S(ate/Zlp Code) A'T'TEST: (Corporate Principal) A.ftix Corporate Seal (Burliness Address) ATTEST: The rate of premium on tlils bond is Amer! Company - ' Affix dra Black, Atto a "in-Fact Corporate Soal 7 1 S. Parker Street, Ste. 3800 (Bu iness Address) Orange, CA 92868 (Cit /State/Zip Code:) n/a _ per thousand, The total amount of.premjum charges is tij,i (The above is to be filled in by Surety Company). (Power of Attornq of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATETRINCIPAL) certify that I m the Secretary of the corporation named as ~rincipal in the foregoing band; that who signed the said bond on behalf ofthePrincipal, was then of said corporation; that I know his signature, And that his signature thereto is genuine; a d that said bond was duly signed, sealed, and attested to for and in behalf of said corporatinn by authority of its governing body, Affix Corporate Seal Renovation of 25 Yard Svrlmhing Pool and Pool House 43 Spec, No, 10.19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On -51111, before me, Sokha Khon. Notary Public Date Here Insert Name and Title of the Officer personally appeared Sandra R. Black Name(s) of Signer(s) 'c .,S ✓"~u'N OK 1171'\HON rJ } a COMM. 41742622 ,u NOTARY PUBLIC -CALIFORNIA 0} SACRAMr.N rO COUNTY Y COMK EXPIPF = APRIL 2a, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official s al. Signature Place Notary Sea[ Above Signature of Notary Pub is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner - ❑ Limited ❑ General 19 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: North American Specialty Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: SHARON J. RUSCONI and SANDRA R. BLACK JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\p1\ttl111iI11H!///~ ~~w~ uiu/ate *`~~\Q~ptAUTY/ySUii~~~°vZ10 AZ, *1 g y PPOgT.G i PO Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company SEAL P tsir Z 1873 rp: O & Senior Vice President of North American Specialty Insurance Company y?~:R1y ero~ n ill By David M. Layman, Senior Vice President of Washington International Insurance Company ~ll~ & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of December 20 10 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15th day of December 20 10 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntarv act and deed of their respective comnanies. " OFFICIAL SEAL" NNA D. SKLENS Notary Public, State of Illinois My Commission Expires 1 0612011 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 701 day of 2011 . James A. Carpenter, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty Insurance Company March 21, 2011 Mr. Rick Cupples Cupples & Sons Construction 221 Olive Lane, Suite G Ukiah, California 95482 RE: Notice to Proceed Renovation of 25 Yard Swimming Pool and Pool House, Spec. No. 10-19 Dear Mr. Cupples: Enclosed please find a fully executed agreement for your files. I have also enclosed copies of the Faithful Performance Bond, and the Material and Labor Bond. By this letter you are authorized to proceed with construction of the project. The work constructed under this project shall be completed within the time allotment identified in Article 1 of the Agreement. As such, all work shall be completed no later than September 28, 2011. We look forward to working with you on this project. Please do not hesitate to contact me at (707) 463-6233 if you have any questions. enc. cc: JoAnne Currie, City Clerk Katie Marsolan, Community Services Administrator Don Alameida, Consulting Architect file 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com Sincerely,