HomeMy WebLinkAboutAll Phase Excavating and Contruction, Inc. 2015-06-22C /61/ 2-/ 3
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
LOW GAP TO DESPINA
200/600 AMP LOOP PROJECT
Specification No. 15 -04
THIS AGREEMENT, made this 22nd day of June, 2015, by and between the City of Ukiah, Mendocino
County, California, hereinafter called the City and ALL PHASE EXCAVATING AND CONSTRUCTION, 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 Days 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
Low Gap to Despina 200/600 Amp Loop Project 48 Spec 15 -04
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.
Low Gap to Despina 200/600 Amp Loop Project 49 Spec 15 -04
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)
(g)
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.
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.
Low Gap to Despina 200/600 Amp Loop Project 50 Spec 15 -04
(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 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 -T V► day of ) iv■-` , 2015.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: <,
CI MA jACE R, CITY OF U 1AH
Attest: J V 1D ,t l (i���
ITY CLERK, CITY OF UKIAH
By:
Attest:
Title:
ALL PHASE EXCAVATING AND CONSTRUCTION, INC.
l�nrnv5 jU�o
The foregoing contract is approved as to form and legality this C7' day of
CITY A
EY, CITY OF UK AH "
Low Gap to Despina 200/600 Amp Loop Project 51
�,v. A , 2015.
Spec 15 -04
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on June 22, 2015, by and between
the City of Ukiah (Ukiah) and ALL PHASE EXCAVATING AND CONSTRUCTION, INC.
(Contractor).Contractor is performing the work for Specification 15 -04, LOW GAP to DESPINA 200/600 Amp
Loop 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.
ALL PHASE EXCAVATING AND CONSTRUCTION, INC.
BY:
TITLE:
fc
Low Gap to Despina 200/600 Amp Loop Project 52 Spec 15 -04
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, All Phase Excavating and Construction Inc
Bond# CE10788800008
AS PRINCIPAL, and
Philadelphia Indemnity Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City ", in the penal sum of
Two Hundred Thousand and One Hundred Four
dollars ($ 200,104.00
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 June 23 , 20 15
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 24 day of June ,20 15
In the presence of:
WITNESS:
All Phase Excavating and Construction Inc
Low Gap to Despina 200/600 Amp Loop Project 53
u 4_
(Individu'I - rincipa) Thomas
3446 Billings Drive
(SEAL)
(Business Address)
Redding CA 96002
(City /State /Zip Code)
Spec 15-04
WITNESS:
ATTEST:
ATTEST:
(SEAL)
(Corporate Principal)
(Business Address)
(City /State /Zip Code)
(Corporate Principal)
Affix
Corporate
Seal
(Business Address)
(City /State /Zip Code)
Philadelphia Indemnity Insurance Company
100
(Bus ddress)
Bala Cynwyd PA 19004 -0950
Affix
orney in actCorpOfate
Sea.!
(City /State /Zip Code)
The rate of premium on this bond is $ 25
per thousand.
The total amount of premium charges is $ 5,002.60
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company
must be attached).
that
was then
signature, and that
to for and in behalf
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
certify that I am the
Secretary of the corporation named as Principal in the foregoing bond;
, who signed the said bond on behalf of the Principal,
of said corporation; that I know his
his signature thereto is genuine; and that said bond was duly signed, sealed, and attested
of said corporation by authority of its governing body.
Affix Corporate Seal
Low Gap to Despina 200/600 Amp Loop Project
54 Spec 15 -04
124
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St. Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004 -0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Justin L. Kelley of White Lion Bonding & Insurance Services its
true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory
in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10TH DAY OF JUNE 2013.
1 92 i
•
(Seal)
Cr„—.1:2s--44—•—•--"..HSLICSZt
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 10th day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COMMONWEALTH OF PENNSYLVANIA
New* Seel
Kimberly A. Kessleskl, Notary Pubic
lower Merlon Teo, mostemity Cowry
xy Commission brores oec 11, mw
MEMI . KNNS I VANIA AZOOXIION 01, NOTAAIIS
(Notary Seal)
Notary Public:
residing at:
My commission expires:
�li�►
4II�_
Bala Cynwyd, PA
December 18, 2016
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE. COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 10TH day ofJunc 2013 true and correct and are still in full force and effect. I do further certify that
Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21.1 day of\h . 2015.
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On 06/24/2015 before me, MARWAN ABUHADHOUD, NOTARY
(insert name and title of the officer)
personally appeared JUSTIN L. KELLEY
who proved to me on the basis of satisfactory evidence to be the perso s) whose names) is/ate
subscribed to the within instrument and acknowledged to me that he/ q/ ey executed the same in
his/Piet/their authorized capacit-Osq, and that by his /h� /fheir signature on the instrument the
person }� 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.
WITNESS my hand and official seal.
Signature
(Seal)
MARWAN ABUHADHOUD
Commission # 2087591 L
Notary Public - California i
Z ''„ Orange County
My Comm. Expires Oct 25, 2018
CITY OF UKIAH Bond# CE10788800008
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, All Phase Excavating and Construction Inc
AS PRINCIPAL, and
Philadelphia Indemnity Insurance Company
, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of *
dollars ($ 200,104.00 ) for the payment of which sum we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally.
*Two Hundred Thousand and One Hundred Four Dollars
WHEREAS, the Principal has entered into a certain Contract with the City, dated June 23
20 15 ,
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 24 day of June ,20 15
In the presence of:
WITNESS: All Phase Excavating and Construction Inc
�a'�"_ 0 s
(I divi u I Principal) o s
3446 Billings Dr
(SEAL)
(Business Address)
Redding CA 96002
(City /State /Zip Code)
Low Gap to Despina 200/600 Amp Loop Project 55 Spec 15 -04
WITNESS:
ATTEST:
ATTEST:
Justin L K
(SEAL)
(Corporate Principal)
(Business Address)
(City /State /Zip Code)
(Corporate Principal)
Affix
Corporate
Seal
(Business Address)
(City /State /Zip Code)
Philadelphia Indemnity Insurance Company
100
siness Address)
Bala Cynwyd, PA 19004 -0950
Affix
Attorney in FacCo!porate
Sea!
(City /State /Zip Code)
The rate of premium on this bond is $ 25 per thousand.
The total amount of premium charges is $
5002.60
(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
Low Gap to Despina 200/600 Amp Loop Project 56 Spec 15-04
• 125
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St. Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004 -0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Justin L. Kelley of White Lion Bonding & Insurance Services its
true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory
in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1 s` day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 101" DAY OF JUNE 2013.
1927
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
Itl1111■
On this 10th day ofJune 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
coMMOWWEALTM OP PENNSYLVANIA
Noting Seal
Kimberly A. KesslerKl, Notary Pubic
tower Merlon Two. Mout9a emey Carty
My Commensal Wires O. 11, 2016
MEMBER, Mee4rLVN A ASSOaATIOw Of NOTAICIE.
(Notary Seal)
Notary Public:
residing at: Bala Cynwyd, PA
My commission expires: December 18. 2016
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 10TH day ofJune 2013 true and correct and are still in full force and effect. I do further certify that
Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this h.1 day of (, , 2015.
1927
•
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On 06/24/2015 before me, MARWAN ABUHADHOUD, NOTARY
(insert name and title of the officer)
personally appeared JUSTIN L. KELLEY
who proved to me on the basis of satisfactory evidence to be the person whose name(�s) js /a
subscribed to the within instrument and acknowledged to me that he-7 ie7they executed the same in
his / 7t'hair authorized capacityi and that by his /ham /their signature'Kon the instrument the
persons), or the entity upon behalf o which the perso?i(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
MARWAN ABUHADHOUD
Commission # 2087591
Notary Public - California i
Orange County
1_ ` M/ Comm. Exeres Oct 25. 201 8 C
CITY OF UKIAH Bond# CE10788800008
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, All Phase Excavating and Construction Inc
as PRINCIPAL
and Philadelphia Indemnity Insurance Company
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
Two Hundred Thousand and One Hundred Four
as SURETY,
(5 PERCENT OF THE FINAL CONTRACT AMOUNT)
($ 200,104.00
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 June 23, 2105
for Low Gap to Despina 200 /60Q AMP Loop Project
WHEREAS, said Contract has been completed, and was approved on the 23 day of June 2015
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall 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 24 day of June , 20 15
All Phase Excavating and Construction Inc
BY:
Thomas
Principal
Philadelphia Indemnity Insurance Company
(Seal)
(Seal)
(Seal)
(Seal)
(Seal)
(Seal)
Low Gap to Despina 2001(500 Amp Loop Project
58 Spec 15 -04
• 126
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St. Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004 -0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Justin L. Kelley of White Lion Bonding & Insurance Services its
true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory
in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10TH DAY OF JUNE 2013.
1 92 7
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this l0's day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COMMONWEALTH OF PENNSYLVANIA
Normal sell
Khiberly A. Kesslesla, Notary Public
Lime' He'bn Tm,•90leal1 County
My com Inion Ecp'as Doc. 1e, 2016
Mall . /EWSYLVAMA ASSOCIATIEVI Of MOTNtlri
(Notary Seal)
Notary Public:
residing at:
My commission expires:
Bala Cynwyd, PA
December 18, 2016
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 10TH day of June 2013 true and correct and are still in full force and effect. I do further certify that
Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2,,) day ofJVu, 2015.
1927
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On 06/24/2015 before me, MARWAN ABUHADHOUD, NOTARY
(insert name and title of the officer)
personally appeared JUSTIN L. KELLEY
who proved to me on the basis of satisfactory evidence to be the personiKwhose name is %n
subscribed to the within instrument and acknowledged to me that he /fhe7th-ey executed the same in
his/her/ hhetr authorized capacity , and that by hisThel7their signatur6'N on the instrument the
person or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
c---
%two,
(Seal)
MARWAN ABUHADHOUD
Commission # 2087591
Notary Public - California z
¢ ' Orange County
Comm. Expires Oct 252014 C