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HomeMy WebLinkAboutFerranti Construction, Inc. 2010-08-26CITY OF UKIAH Mendocino County, California AGREEMENT FOR 1~cc INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM Specification No. 10-07 THIS AGREEMENT, made this !2 ~ day of && 5~- , 20 t b , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and FERRANTI CONSTRUCTION hereinafter called the Contractor, W ITNESSETH: 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 Days 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 Engineer. The Contractor shall complete the work within ninety (90) 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 INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 41 Spec. No. 10-07 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. INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 43 Spec. No. 10-07 J INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on 4~. Z(, , 20 by and between the City of Ukiah (Ukiah) and FERRANTI CONSTRUCTION (Contractor). Contractor is performing work as per Spec No. 10-07, Electrical Installation of Musco Sports Cluster Green System and Site Utility Infrastructure at Anton Stadium 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. INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 45 Spec. No. 10-07 TITLE: BOND #1000853762 PREMIUM: $6,413.00 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, FERRANTI CONSTRUCTION INC AS PRINCIPAL, and U.S. SPECIALTY INSURANCE COMPANY AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of TRO EUNDP.ED THIsRTE; 4 THOUSAND SERI MfDffl D* dollars 213,757.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. *FIFTY SEVEN AND N01100------- WHEREAS, the Principal has entered into a certain Contract with the City, dated o8 Z , 20 10 , 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 theprosecution of the work under the Contract and shall fully indemnify the Cityfor 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 theirseals hereto, this 20TH day of AUGUST -,20-L0-- In the presence of. WITNESS: (SEAL) (Indlvldual Principal) (Business Address) (City/State0p Code) INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 46 Spec. No. 10-07 WITNESS: (SEAL) (Corporate Principal) o. Z S (Business Address) y, us bo d Ull4L. i c~ t b (City/State/Zip Code) ATTEST: (Corporate Principal) Affix Corporate Seal (Business Address) (City/StateOp Code) ATTEST., U.S. SPECIALTY INSURANCE COMPANK (Corporate Surety) Corporate Seal 601 S FIGUEROA #1600, LOS ANGELES, CA 90017 (Business Address) (City/State/Zip Code) The rate of premium on this bond is $ 30.00 per thousand. The total amount of premium charges is $ 6,413-00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Compa~py must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) f, /~~rcertify that I am the Secretary- the corporation named as Principal in the for going bond; that who signed the said bond on half 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 INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 47 Spec. No. 10-07 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sacramento On AUGUST 20TH, 2010 before me, VICKY TROYAN, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared MATTHEW J. BEERNAERT who proved to me on the basis of satisfactory evidence to be the person(a) whose name(a) is/ale subscribed to the within instrument and acknowledged to me that heAhekhey executed the same in hisAw.F/tiwir authorized capacity(ios), and that by his/heiAheir signature(sy on the instrument the person(&), 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. U r E E . VICKY T'ROYAN ~ WITNESS my h and official seal. COMM- # 1.883517 ' m NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY ~fFOP.N~ COMM- EXPIRES MARCH 20, 2014 (Notary Seal) Signature of N tary P blic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 9"'Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ;N ■ r ATTEST: ~f A -1 L&-~- (SEAL) (Corporate rinci i) - O. L 2.nz (Business Addre ) % Olt, (City/State/Zip code) '00~ (Corporate Principal) Affix Corporate 0Seal (Business Address) A4~~ jpwle"t - ~ (CWState2p Code) II:_S. SPECIALTY INSURANCE COMPAMix (Corporate Surety) Corporate Seal 601 S FIGMOA 11600, LOS ANGELES, CA 90017 (Business Address) (City/StatelZip Code) The rate of premium on this bond is $ NIA per thousand. The total amount of premium charges is $ NIA (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) r I,/~9d ~ lar certifythat I am the Secretary of the corporation named as Principal in the fo going 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 INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 49 SASS. No. W-.67 BOND #1000853762 PREMIUM INCLUDED IN PERFORMANCE PORTION CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, FERRANTI CONSTRUCTION INC. AS PRINCIPAL, and II. S. SPECIALTY INSIIRANCE OMPANY , AS SURETY. are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" In the penal sum of TWO HUNDRED THIRTEEN THOUSAND SEVEN* dpllars ($.213,757.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. *HUNDRED FIFTY SEVEN AND NO/100- WHEREAS, the Principal has entered into acertain Contract with the City, dated , 2010 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 duty authorized modifications thereof, during its original term and anyextensions 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 it 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 seats hereto, this 20TH day of _ AUGUST In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (CitylState/Zip Code) INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM Spec. No. 10-07 AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 48 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sacramento On AUGUST 20TH, 2010 before me, VICKY TROYAN, NOTARY PUBLIC personally appeared MATTHEW J. BEERNAERT (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the personH whose name(.&) is/aFe subscribed to the within instrument and acknowledged to me that heAhek executed the same in his/hor/tar authorized capacity(4Gs), and that by his/h_=~thcei: signature(sy on the instrument the person(,4), 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. U e Eaa VICKY TROY A~9 COMM # 1883517 ~ WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA OMMSACRAMENTO S COUNTY ! C'dCIFOPk 2014 n (Notary Seal) , Signature ofN ublic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) artner(s) Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/tliay; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com BOND #1000853762 CITY OF UKIAH PREMIUM INCLUDED IN PERFORMANCE PORTION Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESEN'T'S, That we, FrfRRANTI CONSTRUCTION INC as PRINCIPAL. and U.S. SPECIALTY INSURANCE COMPANY as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of TWO HUNDRED THIRTY THOUSM SEVEN HUNDRED FTFTV SFVLN AND NO-11100 - DOTJARS (S-. 213.757.00 (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated for INSTALLATION OF MUSCO PORTS (TT TiSTFR gRFFN T TG=TNG, SYSTM AND SITE UTILITY INFRASTRUcTuRF AT ANICIN STAT►M WHEREAS, said Contract has been completed, and was approved on the day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal sWI guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this 20TH day of AUGUST , 20_10-. ~ows Arl.~ 6RRA`t (Seal) Principal INSTALLATION OF MUSCO SPORTS CLUSTER GREEN LIGHTING SYSTEM AND SITE UTILITY INFRASTRUCTURE AT ANTON STADIUM 51 Spec. No. 10-07 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sacramento On AUGUST 20TH, 2010 before me, VICKY TROYAN, NOTARY PUBLIC personally appeared MATTHEW J. BEERNAERT (Here insert name and title of the officer) 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 heAheAhey executed the same in his/-4Gr/tWir authorized capacity(-6s), and that by his/her.Uc it signature(s) on the instrument the person(s), or the entity upon behalf of which the person(-&) 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. U a y VICKY TROYAN WITNESS my h d and official seal. (7 NOTARY PUBLIC 18835ORNIA u" SACRAft4EIdT0 OU]yTY O r COMM- c(fFOPN EXPIRES MARCH 20, 2014 -1 (Notary Seal) Signature of No Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ partner(s) V Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ara ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaTyClasses.com _ ,POWER OF ATTOMOM _ AMERICAN CONTFUCT'.ORS INDEMNITY COMPS X 4DING COMPANY= UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas ottn ng mpa an assumed nar s tractors Indemnit-.- o+npat~a< if 0iL, State of Caliform co rat n, a tates Surety = a_ poration and '16 S. SpCtialtl; In .rrartc~. Company, A _ r ati _ il_€tiv h " inpanies"), do = e, onstituted andoppoirli Eric J• Fedors, SheSrrnth, Elizabeth A. Juarez, Matthew J. Beernaert, Nhung H. Nguyen, - Katy Travis or Vicky Troyan of Sacramento, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority here conferredits name, place and stead, to execute; acknowledge and deliver any and all,4wnds, recognizances, undertqjk~41 s it e_fn = s or contracts --of 0irtey4hip., to include riders, am ,l > s of surety, prAdMh~r.Vk". cad e~Med "I 'hre c IvlRhon***** _ 1 (g ****3.QB 09t) Q 1. s weMMfMorney shall expiry xri;Ulta t further action on December phis wer of Attorney is granf ouMr ancl-by- authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and-is. he ve with full power and authori ap it any one or more suitable persons as Attomey(s)-in-Fact to renresenLand Agmfog an oc-_9f the Compan__uZM_ _ a _ provisions: - 6 y i a may be given RHU man %amity for and in the ,riIrtac A end ou uelralf of the Co acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and d borate Secretary. ~ afte signature ~'t ui, authorized oltii;er and seal of than r=- iereafter affix t rr¢_wMof _ i y oi=any certificate relating uicrcto by CaLsimhc, and any power my ~i-`icate bearing facst _ stgna a or- facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1= '.Aay_ ©€June, 09. ~1[ RICAN CO. 1 ( S) 1 lITY COMPANY TGXXti S() D4-NG COMPAQ=_ UNITED STA` J ANY U.S. SPLCIA# lfl' L\ Sl,aR,1,,XCL COMPANI- = = _ Corporate Seals TO sur~c ONOING gPEC~q~T vo y~ y~ cOy y ' T IRCOMaGIie = SEAL a SBr26,IM \ < c By' o y~ P5 yb b + s' - Daniel P. Aguilar, Vice President 01+ g sSS: - - - On this 15`h day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument _--an d-clcrzdgto me that he executed theme _is authorized capacity , and tlnst b,, his signature on the inctrtl + e- AM= gers r o € n[ yupon 'oehalf_ e=_-ted, executed the.instrermcnt cdifify under PENALTY OF PERJIuffier haws of the State of California that the foregoing paragraph is tradTrie _ V WRIGHT Signature_ _ (Seal) Commisalan yt i.[12fsi4B - @---- d. MatatY Public - Callfatnla i g as Angeles County nL explras Do B, 2Ui2 istant Secret .r- ct,_~mertcan Crntracfi6rs Indemnity o a MxO c Company, QdtW States-Suret:, ~ pany and U.S. Specialty Insurance (.>bmpany, do hereby certify that the ewid foregoing is a true and correct opyaf a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. n Witness 1iee I have hereuntoseLm _ a> a &km the seals of said Companies at Lo igeles, California this_ Tway -af -II 2010 - = - NpING - 5PiE0/qL . _ corporate Seals von y y-yq 1/ "D - SEAL Bond No. 1000853762 sIN260oti6.rsso o yk - r, 'tea b Jeannie J. Kim, Assistant Secretary Agency No X010 ~ OF w0 o a = ear - ti August 31, 2010 Mr. Donald Ferranti Ferranti Construction, Inc. PO Box 259 Redwood Valley, CA 95470 Ualp-:7. RE: Notice to Proceed- Electrical Installation of Musco Sports Cluster Green System and Site Utility Infrastructure at Anton Stadium, Specification No. 10-07 Dear Mr. Ferranti: 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 November 29, 2010. I 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. Sincerely, 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com Change Order No. 1 Date of Issuance: September 13, 2010 Project: Anton Field Lighting & Utility Infrastructure Effective Date: September 13, 2010 City of Ukiah IOwner's Contract No.: Spec 10-07 Contract: Anton Stadium Date of Contract: August 26, 2010 Contractor: Ferranti Construction, Inc. Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order. Description: The Bid Schedule total cost of $213,757.00 shall be accepted as the total Lump Sum contract cost to perform all of the work on the Anton Stadium field lighting and utility infrastructure as defined in the contract documents. The lump sum price shall also include labor and equipment for demolition of existing walkway leading to concession stand and 4' concrete apron on the east side of storage building. Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract ❑ Working days X Calendar days Completion Date: (days or date): 11/29/2010 $213,757.00 [Increase] [Decrease] from previously approved Change Orders No. N/A to No. N/A $ -0- Contract Price prior to this Change Order: $213,757.00 [Increase] [Decrease] from previously approved Change Orders No. N/A to No. N/A Completion Date: (days or date): 11/29/2010 Contract Times prior to this Change Order: Completion Date: (days or date): 11/29/2010 Increase of this Change Order: -0- Calendar Days Completion Date: (days or date): 11/29/2010 Contract Price incorporating this Change Order: $213,757.00 Contract Times with all approved Change Orders: Completion Date: (days or date): 11/29/2010 AC ! l1 , ff By: Contractor (Authorized Signature) 2010 Approved by Funding Agency (if applicable): t/ Date: September 2010 \\cou-srv02\Users$\gmills\Desktop\Anton lighting No Cost Change Order.docx Date: September 1 2010 Date: 2010-17882 Recorded at the request of: CITY OF UKIAH 12/22/2010 11:05 AM Fee: $0 Pgs: 1 of 1 Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 No fee - pursuant to Government Code 27383. NOTICE IS HEREBY GIVEN: OFFICIAL RECORDS Susan M. Ranochak - Clerk-Recorder Mendocino County, CA 111imnlaR 1111011111 NOTICE OF COMPLETION That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Installation of Musco Sports Cluster Green Lighting System and Site Utility Infrastructure at Anton Stadium, Spec. No. 10-07, of all said owners is that of fee simple. 3. That on the 14th day of December, 2010, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Ferranti Construction, Inc., PO Box 259, Redwood Valley, CA 95470. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified located at 558 Park Boulevard, Ukiah, CA 95482. 1 hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval Date State of California CITY OF UKIAH, a-Municipal Corporation By Brbn;"Acting City Clerk /'_J- ;z a-/a Date County of Mendocino