HomeMy WebLinkAboutValley Utility Service Inc. 2011-07-19CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
GOBBI STREET JOINT UTILITY SUBSTRUCTURE PROJECT
Specification No. 11-06
THIS AGREEMENT, made this )61 day of Ict, S~, 20 1 by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and Valley Utility Service Inc., hereinafter
called the Contractor,
WITNESSED:
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 WITNESSED:
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 (as described), 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 Project
Manager. The Contractor shall complete the work within forty-five (45) 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 Engineer at least 72 hours prior to the start of
work, without obtaining an encroachment permit from the City, or without having submitted certificates of
insurance that have been accepted and approved by the Engineer
GOBBI STREET JOINT UTILITY 58 Spec. No. 11-06
SUBSTRUCTURE PROJECT
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for
complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices
as full compensation for all material and appliances necessary to the work, for all labor and use of tools and
other implements necessary to execute the work contemplated in this contract; for all loss or damage arising
out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or
difficulties which may be encountered in the prosecution of the work; for all risks of every description
connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for
all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special
Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the
race, color, national origin or ancestry, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for
employment because of race, color, religion, ancestry, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, ancestry, or national origin. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the awarding authority setting forth the provisions of this Fair Employment
Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the awarding authority, advising the said labor union or worker's representative of
the Contractor's commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment
advertisements, application forms and other pertinent data and records by the Fair Employment
Practices Commission, City of Ukiah or any other appropriate agency of the State of California
designated by the awarding authority, for the purposes of investigation to ascertain compliance
with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the
Fair Employment Practices Act shall be regarded by the awarding authority as a basis for
determining the Contractor to be not a "responsible bidder" as to future contracts for which such
Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for
refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
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
GOBBI STREET JOINT UTILITY 59 Spec. No. 11-06
SUBSTRUCTURE PROJECT
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.
(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.
GOBBI STREET JOINT UTILITY 60 Spec. No. 11-06
SUBSTRUCTURE PROJECT
(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 Scales
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 =i day of l ~ 6-6,m- 20 ZZ.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
CITY",ANAGER, CITY OF UKIA`H
Attest: Oj-&,~
ITY C OF KI
By:
JO BEN DICT, VALLEY UTILITY SERVICES, INC.
Attest:
Title:
The foregoing contr
approveWas
and legality this
day of , 201
CITY
EY, C TY
GOBBI STREET JOINT UTILITY 61 Spec. No. 11-06
SUBSTRUCTURE PROJECT
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on 20 ,
by and between the City of Ukiah (Ukiah) and Valley Utility Service, Inc. (Contractor).
Contractor is performing the work in Specification 11-06. Gobbi Street Joint Utility Substructure Project for
the City of 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.
CONTRACTOR
BY:
TITLE: (B ✓li
GOBBI STREET JOINT UTILITY 62 Spec. No. 11-06
SUBSTRUCTURE PROJECT
Bond Number: 783006P
Premium: $8,624.00
Premium is for Contract Term
And is subject to adjustment
CITY OF UKIAH Based on Final Contract Price.
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Valley Utility Services
AS PRINCIPAL, and
Indemnity Company of California
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of
)
Three Hundred Forty Four Thousand Nine Hundred Seventy Nine and 25/100 dollars 344,979.25***************
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated , 20
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully
perform the Contract and all duly authorized modifications thereof, during its original term and any
extensions thereof that may be granted and during any guaranty period for which the Contract provides, and
if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and
shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its
attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor,
services, materials, or equipment in the prosecution of the work under the Contract, in default of which such
persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all
sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline
and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for
commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall
be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of
neither the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or
the Surety from liability hereunder, Notice to the Surety of any such modification, extension, or forbearance is
hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their
seals hereto, this 24th day of June 12011
In the presence of:
WITNESS:
_ (SEAL)
,OF (individual Principal)
(Business Address) `may/
(City/State/Zip Code)
GOB81 STREET JOINT UTILITY 63 Spec. No,11-06
SUBSTRUCTURE PROJECT
WITNESS:
ATTEST:
ATTEST: ~16W U'U 11
(Business Address)
Irvine, CA 92614
(City/State/Zip Code)
(Corporate Principal)
SEAL)
(Business Address)
(City/State/Zip Code)
(Corporate Principal)
Affix
Corpor
ate
Seal
(Business Address)
(City/State/Zip Code)
IndemNity Company of California
ww
Affix
(Vo P-or
e
Corporate
Seal
17780 Fitch, Ste. 200
The rate of premium on this bond is $ 25.00
per thousand.
The total amount of premium charges is $8,624. 00
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must
be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL.)
1, , certify that I am the
Secretary of the corporation named as Principal in the foregoing bond; that
who signed the said bond on behalf of the Principal, was then
of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
Affix Corporate Seal
GOBBI STREET JOINT UTILITY 64 Spec. No. 11-06
SUBSTRUCTURE PROJECT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On June 24, 2011 before me, Rebecca Overby Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Peggy Roy
Name(s) of Signer(s)
j i ppt,h ta'r$s ,oy
6,~ 11 @ tJe V, .f .t {S~~S~~..k ~
Off, RY KHAit . Ai.il'ORNiA
"7N H) C'OUNTY
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names s/a subscribed to the
within instrument and acknowledge to me that heqjhPhey
executed the same in hisfGaralibir authorized capacity(ies),
and that by h' er/ 'rsignature($) 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 m hand and ffi lal al.
Signatur
ture o otary 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 DobLpent
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 eneral
❑ Attorney in Fact
❑ Trustee
❑ Guardian or onservator
❑ Other:
Signer Is Representing:
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:
Top of thumb here
02007 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
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Greg Zoffman, L.K. Lau, Peggy Roy, P. Bewley, R. Overby, jointly or severally-
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008
By:
c AND
O,PANY
Daniel Young, Vice-President
::<a~;~zP9Rq~ •,~y'.
Q<1POR
01GOT.
~
OCT. 8
By:
-01 1 9 3 G
0 1967
Stephen T Pate, Senior Vice-President
C'
Q
State of California
*
" `
County of Orange
X1111
On January 31, 2011 before me,
Antonio Alvarado, Notary Public
Date
Here Insert Name and
Title of the Officer
personally appeared
Daniel Younq and Stephen T. Pate
Name(s) of Signer(s)
ANTONIO ALVARADO
COMM. # 1860643
NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
my COMM. WIres Aug. 9, 2013
Place Notary Seal Above
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 seal
Signature
6~4~444'
CERTIFICATE
Antonio Alvarado, Notary Public
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 24th day of June 2011
By: Z' [mow/
regg Okur , istant Secretary
ID-1380(Rev.01/11)
Bond number: 783006P
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Valley utility services
PRINCIPAL, and
Indemnity
of California
AS
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of
Three Hundred Forty Four Thousand Nine Hundred Seventy Nine and
dollars 344,979.25
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated
2Q
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully
perform the Contract and all duly authorized modifications thereof, during its original term and any
extensions thereof that may be granted and during any guaranty period for which the Contract provides, and
if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and
shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its
attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor,
services, materials, or equipment in the prosecution of the work under the Contract, in default of which such
persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all
sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline
and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for
commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall
be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the
term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety
from liability hereunder, Notice to the Surety of any such modification, extension, or forbearance is hereby
waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their
seals hereto, this 24th day of June 2011
In the presence of:
WITNESS:
{SEAL}
Individua4IPrin~cipa l (Business Address)
(City/State/Zip Code)
GOBBI STREET JOINT UTILITY 65 Spec. No.11-Ora
SUBSTRUCTURE PROJECT
WITNESS:
(Corporate Principal)
(SEAL)
(Business Address)
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/State/Zip Code)
ATTEST: 0,11AW U'l
nd nity CompenLy of California
Affix
IV ty) Corporate
r orate Su
Seal
17780 Fitch, Ste. 200
(Business Address)
The rate of premium on this bond is $ 21.00
Irvine, CA 92614
(City/State/Zip Code)
per thousand.
The total amount of premium charges is $ Included in Performance bond.
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company
must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I, , certify that I am the
Secretary of the corporation named as Principal in the foregoing bond; that
who signed the said bond on behalf of the Principal, was then
of said corporation; that I know his signature, and
that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in
behalf of said corporation by authority of its governing body.
Affix Corporate Seal
GOBBI STREET JOINT UTILITY 66 Spec. No. 19-06
SUBSTRUCTURE PROJECT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On June 24, 2011 before me, Rebecca Overby Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Peggy Roy
Name(s) of Signer(s)
who proved to me on the basis of factory evidence to
be the person(s) whose name (sj~e subscribed to the
within instrument and acknowledged to me that he/s
executed the sa . his~eif authorized capacl y ies),
and that by her/ eirsignature(s-) on the instrument the
y= R EC CA Ca;C ~;ir person(sj, or entity upon behalf of which the person(s)
,t ; 1 ggLL, acted, executed the instrument.
tI01 r i t1 SLl^ ~3.tii Of rdip
I certify under PENALTY OF PERJURY under the laws of
1, -r ~z C~ttf~ Y
C
"F°£"~i~• r>f s Frtr'v 2 201the State of California that the foregoing paragraph is true
:~•:'F•:'~~>ry' v( and correct.
Witness y h nd n of icial seal.
Signatur
Place Notary Seal Above lure of Notary P.
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 ocument
Title or Type of Document:
Document Date: umber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:-
0 Individual
❑ Corporate Officer
❑ Partner - Lein
title(s):
❑ General
❑ Attorney' Fact
El Trust
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 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
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Greg Zoffman, L.K. Lau, Peggy Roy, P. Bewley, R. Overby, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008.
By: ' t cil { ANO fro.,
Daniel Young, Vice-President ggoRr`'
=ai T. ur 10
BY s0 1936
Stephen T. Pate, Senior Vice-President b
solN
State of California
County of Orange
On January 31, 2011 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Stephen T Pate
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
ANTONIO ALVARADO j capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
f which the person(s) acted, executed the instrument.
3. comm. # 1860W 1E
NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
COUNTY
true and correct.
y oomm. Wires Aug. 9, 2013
P'V WITNESS my hand and official seal.
Place Notary Seal Above Signature 6~49~44_4 I
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 24th day of June 2011
By: ZZ-(17 ' ! r Mle*5~~
rJlSr_egg Okur , istant Secretary
ID-1380(Rev.01111)
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual
and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following
the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a
corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate
seal, or copies attached to such records of the corporation as will evidence the official character and
authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the
corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the
bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each
party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12, An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
GOBBI STREET JOINT UTILITY 68 Spec. No. 11-06
SUBSTRUCTURE PROJECT