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HomeMy WebLinkAboutWipf Construction 2015-06-22C& %t- /VO ) 91s- CITY OF UKIAH Mendocino County, California AGREEMENT FOR LESLIE STREET UNDERGOUNDING EXTENSION PROJECT Specification No. 15 -05 THIS AGREEMENT, made this 22nd day of June, 2015, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and WIPF CONSTRUCTION, 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 twenty -five (25) 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 Leslie Street Undergrounding Extension Project 47 Spec 15 -05 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 Leslie Street Undergrounding Extension Project 48 Spec 15 -05 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. (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. Leslie Street Undergrounding Extension Project 49 Spec 15 -05 (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 .2 ell-day of 1,U-'Y , 2015. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: WIPF CONSTRUCT! Attest: r ' ) ✓1 Title: ()U t MAN CITI OF UKIAH CITY CLERK, CITY OF UKIAH rd The foregoing contract is approved as to form and legality this 2.2 ' day of \/ . CITY AT Wilrjur, CITY •FU Leslie Street Undergrounding Extension Project 50 2015. Spec 15 -05 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 WIPF CONSTRUCTION (Contractor).Contractor is performing the work in Specification 15 -05, Leslie Street Undergrounding Extension 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. WIPF CONSTRUCTION BY: TITLE: Leslie Street Undergrounding Extension Project 51 Spec 15 -05 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 WIPF CONSTRUCTION (Contractor).Contractor is performing the work in Specification 15 -05, Leslie Street Undergroundinq Extension 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. WIPF CONSTRUCTION BY: iL,t*` TITLE: () %one er Leslie Street Undergrounding Extension Project 51 Spec 15 -05 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Wipf Construction AS PRINCIPAL, and Bond # 106285492 Premium: $926.00 *Premium to be adjusted at final contract Travelers Casualty and Surety Company of America AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City', in the penal sum of Fifty Two Thousand Eight Hundred Sixty Two Dollars and Fifty Cents dollars ($ 52,862.50 for the payment of which sum we bind ourselves, our heirs, executors, administrators, end successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated June 22nd , 2015 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 attomey'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 tern 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 3nth day of June 2015 In the presence of: WITNESS: Leslie Street Undergrounding Extension Project 4 (Individual Principal /3X Ya(57/wc s &2 (Business Address) LL/O&7, Q (2 (City /State /Zip Code) (SEAL) 52 Spec 15 -05 WITNESS: ATTEST: ATTEST: (Corporate Principal) (Business Address) (City /State /Zip Code) (SEAL) (Corporate Principal) Affix Corporate Seal (Business Address) (City /State/Zip Code) Travelers Casual and S rety Company of America Candace �Al.cea = .rney in -Fact (Corporate Surety) 11070 White Rock Rd. Suite 130 Corporate Sea! (Business Address) Rancho Cordova, CA 95818 (City /State /Zip Code) The rate of premium on this bond is $ 17.50 per thousand. The total amount of premium charges is $ $926.Oo (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 Secretary of the corporation named as Piinuipai in the foregoing bond, , 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. Leslie Street Undergrounding Extension Project 53 Affix Corporate Seal Spec 15 -05 TRAVELERS) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229016 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006271119 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Jere M. Owen, Maryanne E. Novak, Barbara O'Hara, and Candace Alicea of the City of Sacramento each in their separate capacity if more than one is named above, other writings obligatory in the nature thereof on behalf of the contracts and executing or guaranteeing bonds and undertakings , State of California , their to sign, execute, seal and acknowledge any and all bonds, recognizan esn onditionaltundertakings and Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. I,l�Qarortq�e +m\ `SEAL,io"s 11th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L. Raney, enior Vice President On this the 11th day of February 2015 , before me be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, personally a d Guaranty InsurancehUnderwrite s, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. J` C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 Sacramento On June 30, 2015 before me, Sylvia Garza - Notary Public (insert name and title of the officer) personally appeared Candace Alicea 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 -pis /her /their authorized capacity(res -), 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 c/Y-11,(A /f (Seal) (III? SYLVIA GARZA Commission # 2084069 z : Notary Public - California i Sacramento County D A Comm. Extes See 30 _2018 1 Bond # 106285492 Premium: Included CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Wipf Construction AS PRINCIPAL, and Travelers Casualty and Surety Company of America , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of Fifty Two T Two and F fty Hundred Six dollars ($ 52,862.50 ) 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 22nd 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 rcloasc 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 30th day of June . 20 15 In tho preeence of: WITNESS: Leslie Street Undergrounding Extension Project (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) 54 Spec 15 -05 WITNESS: ATTEST: ATTEST: The rate of premium on this bond is $ 0 (Corporate Principal) (Business Address) (City /State /Zip Code) (Corporate Principal) (Business Address) (SEAL) Affix Corporate Seal (City /State /Zlp Code) Travelers Casualty and Surety Company of America Cand(ce Alicia, Attorney -in -fad (Corpora{ Surety) 11070 White Rock Rd. Suite 130 Affix Corporate Seal (Business Address) Rancho Cordova, CA 95818 The total amount of premium charges is $ Included (City /State /Zip Code) per thoueand. (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 that Secretary of the corporation named i;15 Principal in the foregoing bond, was then , who signed the said bond on behalf of the Principal, of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sea ed, and attested to for and in behalf of said corporation by authority of its governing body. Leslie Street Undergrounding Extension Project 55 Affix Corporate Seal Spec 15 -05 TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney -In Fact No. Certificate No. 006271120 229016 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Jere M. Owen, Maryanne E. Novak, Barbara O'Hara, and Candace Alicea of the City of Sacramento , State of California , their true each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogni ancesn conditional Attorney(s)-in-Fact, and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. 11th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Jai+ IN S{,g • y..4,000R44 , •„ , t,SEA.L J By: Sam HARTFORD, CONN. 41 ys a Ay Alle Robert L. Raney, en or Vice President On this the 11th day of February 2015 be the Senior Vice President of Farmington before me personally appeared Robert L. Raney, who acknowledged himself to aton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. V\.614itiA C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 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 Sacramento On June 30, 2015 before me, Sylvia Garza - Notary Public (insert name and title of the officer) personally appeared Candace Alicea who proved to me on the basis of satisfactory evidence to be the person(s-) whose name subscribed to the within instrument and acknowledged to me that -he /she /they executed the same in his /her /their authorized capacity(+es), and that by his/her/their signature(s) 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. WITNESS my hand and official seal. Signature J (Seal) SYLVIA GARZA Commission # 2084069 Notary Public - California Sacramento County My Comm. Expires Sep 30, 2018 i Bond # 106285492 Premium: Included CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, Wipf Construction as PRINCIPAL and Travelers Casualty and Surety Company of America are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of Two Thousand Six Hundred Forty Three and Twelve Cents as SURETY, (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 Leslie Street Undergrounding Extension Project Specification #15 -05 ($ 2,643.12 ) June 22, 2015 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 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 grid 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 8th day of July 20 15 BY: (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) Principal P44k BY: Candace Alicea, Attorney -in -Fact Travelers Casualty and Surety Company of America Surety Leslie Street Undergrounding Extension Project 57 Spec 15 -05 TRAVELERS J Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 229016 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006271121 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "). and that the Companies do hereby make, constitute and appoint Jere M. Owen, Maryanne E. Novak, Barbara O'Hara, and Candace Alicea of the City of Sacramento State of California their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. 11th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company %O��N .'NSGy Jpl Jfti�gf RGORA)F'mS �4'�p0.PORATf2C'S �5... .... r� By: • a • W ATFORD, / /!•!;,i Robert L. Raney, en or Vice President On this the 11th day of February 2015 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. p.TE)` * \"U8 LA *ArEC"cc, `C( .0411. / • * Marie C. Tetreault, Notary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 Sacramento On July 8, 2015 before me, Margarita Maria Harriman - Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the pers n(s) whose name(s) is/ sul scribed to the within instrument and acknowledged to met at /she /tfj.e(executed the ame in /her /t authorized capacity(ies), and that by s /her /tl�elr at on the instrument the person( ), or the entity upon behalf of which the person(s) acted, executed the instrument. Candace Alicea (insert name and title of the officer) 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 / L.i 6 (Seal) �o MARGARITA MARIA HARRIMAN ,M Commission # 1966003 z r° t 5a Notary Public - California z Z � Sacramento County Comm. Expires.? an 8,201 6