Loading...
HomeMy WebLinkAboutRoofing & Solar Construction, Inc. 2020-09-03COU 2021-118 CITY OF UKIAH Mendocino County, California AGREEMENT FOR ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM Specification No. 20-10 THIS AGREEMENT, made this 3rd day of September , 20 20 , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Roofing & Solar Construction, Inc. hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract 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 ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 39 Spec. No. 20-10 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 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. ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 40 Spec. No. 20-10 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. 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. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 41 Spec. No. 20-10 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 17th day of Sept. , 20 20 . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: CI Y t 1A GEfj/ CITY OF UKIA /144 lite / C Y CLERK, CITY OF UKIAH By: Roofing & Solar Construction, Inc. CONTRACTOR Attest: Cassy Fabiani Title: President The foregoing contract is approved as to form and legality this CITY ATTORN , CITY OF UKIAH !I day of , 20 ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 42 Spec. No. 20-10 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 17th day of Sept. , 20211 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: CITY MANAGER, CITY OF UKIAH Attest: CITY CLERK, CITY OF UKIAH By: Roofing & Solar Construction, Inc. CONTRACTOR Attest: Cassy Fabiani Title: President The foregoing contract is approved as to form and legality this 22 nd day of September, 2020. CITY ATTORNEY, CITY OF UKIAH ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 42 Spec. No. 20-10 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on September 3 ,2020 ,by and between the City of Ukiah (Ukiah) and Roofing & Solar Construction, Inc. (Contractor). Contractor is performing work in conformance with the plans and specifications No. 20-10 Museum Roof Replacement Project 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. ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 43 Spec. No. 20-10 SUBMITTED COMPANY/PROJECT CONTRACT APPROVAL & AUTHORIZATION TO PROCEED NOTE: The City Manager will sign contracts once all initials have been signed. 2021-118 TO: CITY MANAGER CONTRACT #: BY: Mary Horger Yes DATE: 9/28/2020 WET SIGNATURE NEEDED: Roofing & Solar Construction - Spec 20-10 Museum Roof NAME: Replacement Initial Below CHECKLIST & ROUTING FOR APPROVALS REVIEWED AND APPROVED BY 1. Procurement Manager Sourcing method and justification (attach documentation if necessary): Request for Bid ----- 0 ( �((f City Council Approval Date: September 2, 2020 _ Agenda Item No.: 7d C. Budget No(s).: 10022700.80220.18021 Note: Please attach post meeting staff report showing approval, and any documentation or description showing funding. 2. City Attorney Note: If you have an email approval from the City Attorney, then you may attach a copy of the email and reference it in lieu of initials. Dave signed the contract (see in contract routing folder). 3. Risk Manager Note: Attach insurance documents. 4. City Clerk ADDITIONAL COMMENTS: http://inet/risk/Contracts/Forms/AI Iltems.aspx COVERAGES ERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF ,IMM/DD/YYYYI POLICY EXP (MM/DD/YYYYI LIMITS NAIC # INSURER A: Midwest Employers Casualty Company COMMERCIAL GENERAL LIABILITY INSURED Roofing and Solar Construction, Inc. 15 Crissy PI Novato, CA 94949 INSURER B : INSURER C: EACH OCCURRENCE $ INSURER E : CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE J $ PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY _ _ SCHEDULED AUTOS NON-OWNEDTS Y SINGLE LIMIT (Ea (Ea accident) BODILY INJURY (Per person) $ INJURY (Per accident) $ BODILY (Perr acEciidentDAMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER Mand Rory In BENHEXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N / A BNUWC0149177 9/17/2019 9/17/2020 V PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Cityof Ukiah 300 Semunary Ave Ukiah, CA 95482 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ROOFAND-01 IFATHIPOUR ACORO' CERTIFICATE OF LIABILITY INSURANCE 4.....-----9//17/217/2020 DATD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Paramount Exclusive Insurance Services, Inc. 15760 Ventura Blvd. Suite 500 Encino, CA 91436 CONTACT NAME: (A"/CC,NR o, Ext): (818) 9864283 I (NC, No):(818) 9864949 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Midwest Employers Casualty Company 23612 INSURED Roofing and Solar Construction, Inc. 15 Crissy PI Novato, CA 94949 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A�Q/zo®' CERTIFICATE OF LIABILITY INSURANCE DAT09/1712020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Brokers 3231-C Business Park Drive #311 Vista CA 92081 CONTACT Customer Service Department NAMEDaugard PHO No, Ext: (760) 429-2953 FAX No): (760) 346-5702 EMAIL su ort4 aslam insurance.com ADDRESS: pp @g p INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Kinsale Insurance Company 38920. INSURED Roofing & Solar Construction Inc.INSURER 15 Crissy Place Novato CA 94949 INSURER B : AmGUARD Insurance Co. 0100099419-0 C : Lloyds of London 10/24/2020PERSONAL INSURER D : 1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: GL 19-20/IM/BA20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A INSD W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 0100099419-0 10/24/2019 10/24/2020PERSONAL EACH OCCURRENCE$ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 50,000 $ MED EXP (Any one person) $ 5,000 &ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRo JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 00000 2,0, $ $ 6 AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY v X Ne _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY CAAU188651 07/26/2020 07/26/2021 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist BI $ 2,000,000 UMBRELLA LIAB— EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Inland Marine IMEB04487 03/21/2020 03/21/2021 Sched. Equipment Heavy Sched. Equipment Heavy $57,000 $161,427 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ukiah its officers, officials,employees and volunteers are named as Additional Insured, to the extent provided in the attached form(s). `Additional Insured status is subject to all policy terms, exclusions and conditions' CERTIFICATE HOLDER CANCELLATION I City of Ukiah its officers, officials, employees and volunteers 300 Seminary Avenue I Ukiah CA 94582 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I %el /add- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No.: 2306025 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Roofing & Solar Construction, Inc. AS PRINCIPAL, and North American Specialty Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of Three Hundred Forty -Eight Thousand and 00/100 dollars ($ 348,000.00 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 September 3, 20 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorneys 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 16th day of September ,2070 • In the presence of: WITNESS: / tkowp, (Individual P ( usiness Addres (SEAL) alir4 9(7 (City/State/Zip Code) ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 44 Spec. No. 20-10 ATTEST: By: Roofing & Solar -onstruction, Inc. rate Principal) 15 Crissy Place (SEAL) (Business Address) Novato, CA 94949 (City/State/Zip Code) Affix orporate Seal `IJUJ111GO i 441 GJ (City/State/Zi Code) American •ecialt Insurance Com an B Rand s hn ( orp• 777 S. Fi Affix rety)Attorne-in-FactCorpc,ate Seal oa Street Suite 3700 (Busin-ss Address) Los Angeles. CA 90017 (City/State/Zip Code) The rate of premium on this bond is $25 1st $100K & $15 Balance per thousand. The total amount of premium charges is $ 6,220.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) , 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 ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 45 Spec. No. 20-10 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park. Kansas, each does hereby make, constitute and appoint: RANDY SPOHN, MATTHEW R. DOBYNS, and ASHLEY M. SPOHN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." oon5uuuiy7,��i/`' 6".."0" By Es/ SEAL .O o Steven P. Anderson, Senior Vice President of Washington International Insurance Company ¢¢ z 1973 t" VW, Q = & Senior Vice President of North American Specialty Insurance Company us-4000Oftiontio By (, Michael A. Ito, Senior Vice President of ashmgton International Insurance Company & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14 day of FEBRUARY , 2018 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 14 day of FEBRUARY , 2018 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public - State of tilinnis My Commission Expires 11/0412021 -VI;,/._M, M. Kenny, Notary Public ii 3 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 16th day of September , 20 20 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE 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 � �77 l , 0 before me, ASHLEY MARIE SPOHN, NOTARY PUBLIC, personally appeared RANDY SPOHN , - - ... _ _ _ _ _ 1, _ _ ... .1 who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity {ies), and that by his/her/their signatures) on the tl o 3 0 , \ ASHLEY MARIE SPOHN IF instrument the 7 ,.-- COMM. # 2188665 g acted, executed I II r I ' 1:-,:ia:, 1 NOTARY PUBLIC CALIFORNIA A ./Pij f ORANGE COUNTY No �""" I certifyunder My comm. expires Mar. 27, 2021 Jr ' ` Sr .0' . ".,- - -"I,- -..r California that WITNESS my I y/ person(s), the PENALTY the foregoing hand or instrument. OF and official the PERJURY paragraph entity upon behalf of which the persons) under the laws of the State of is true and correct. seal. A i�Q 1 IA ei/U._, Sit ure of Notary �� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED I1 ❑ ❑ ❑ ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ' Bond No.: 2306025 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Roofing & Solar Construction, Inc. , AS PRINCIPAL, and North American Specialty Insurance Company , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of Three Hundred Forty -Eight Thousand and 00/100dollars ($ 348,000.00 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 September 3 , 20 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorneys 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 16th day of September ,20 20 In the presence of: / WITNESS: keire-z— (Indi (SEAL) usiness Addre ity/State/Zip Code ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 46 Spec. No. 20-10 WITNESS: Roofing & Solar Construction, Inc. 15 Crissy Place EAL) (Business Address) Novato, CA 94949 (City/State/Zip Code) Affix Corporate Seal ATTEST: (Business (City/Statedip Code) merican Specialty Insurance Compaq 4Le- / �� Affix Rand •n(Corpo ate S rety)Atto- -.-in-FacCorporate / 777 S. Figue a Street, Suite 3700Seal (Business Address) Los Angeles, CA 90017 (City/State/Zip Code) Premium Included The rate of premium on this bond is $ in the Performance Bond Premium Included The total amount of premium charges is $ in the Performance Bond per thousand. (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) , 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 ROOF REPLACEMENT AT THE GRACE HUDSON MUSEUM 47 Spec. No. 20-10 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park. Kansas, each does hereby make, constitute and appoint: RANDY SPOHN, MATTHEW R. DOBYNS, and ASHLEY M. SPOHN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomey and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." wry, tlowu yQ.. USG �: -�p BY ? : C. 44.0 SEAL :O c Steven P. Anderson, Senior Vice President of Washington International Insurance Company SEAL F •1 ? W',;Z 1973 t,: & Senior Vice President of North American Specialty Insurance Company �f %SiP tc%dN Michael A. IItto, Senior Vice President of Washington nternational Insurance Company & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14 day of FEBRUARY , 2018 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 14 day of FEBRUARY , 2018 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL Al. KENNY I Notary Public - State of Illiunis My Commission Expires 121Q 411021 . V t :L..At. i M. Kenny. Notary Public I, Jeffrey Goldberg • the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 16th day of September , 20 20 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State County On personally 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. of CALIFORNIA ofOR ANGE O(( � ``Q \‘'kJD D before me, ASHLEY MARIE SPOHN, NOTARY PUBLIC, appeared RANDY SPOHN who proved to me on the basis of satisfactory evidence to be the person{s) whose name() is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their that by his/her/their authorized capacity jes), and signature() on the instrument the person(s), or the entity upon behalf of which the person(} "_ _ , ,-_ 6_ _ s -� instrument. 11 o1 II acted, executed the • ASHLEY MARIE SPOHN IF yam. comm. # 2188665 - NOTARY PUBLIC CALIFORNIA g I certify under PENALTY OF PERJURY under the laws of the State of ORANGE COUNTY o California that the foregoing paragraph is true and correct. =` My caw. expires Mar. 27, 20211 °��m WITNESS my hand and official seal. / 0 0 - Si t ture of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ ►1 PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: ❑ ❑ ❑ SIGNER NAME IS REPRESENTING: OF PERSON(S) OR ENTITY(IES) CONTRACTOR/SUBCONTRACTOR WORKER CLASSIFICATION The California Department of Industrial Relations (DIR) requires a registration number for all contractors and subcontractors who perform work on public works projects as defined in Labor Code Section 1720. No contractor or subcontractor may be awarded a contract, on a public works project, unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5. Additionally, contractor and subcontractor are required to furnish electronic certified payroll record to the Labor Commissioner. Revise and resubmit if changes occur with subcontractors during project. Project No. 20-10 Project Title Roof Replacement at Grace Hudson Museum Prime Contractor (All fields must be completed) Name of Prime Contractor Roofing & Solar Construction, Inc. Prime Contractor's License Number 1018877 Prime Contractor's DIR Registration # 1000043217 Mailing Address (Street Number or P.O. Box) 15 Crissy Place City Novato State CA Zip Code 94949 Prime Contractor's Telephone Number (415) 233-0629 Prime Contractor's Email Address phyllis@roofingsolarinc.com Project Manager (Name) Phyllis Wesson Project Manager's Email Address phyllis@roofingsolarinc.com Project Manager's Phone Number (415) 233-0629 Prime Contractor's Worker Classifications (select classifications that apply) ❑ ASBESTOS ❑ CARPET/LINOLEUM ❑ ELECTRICIANS ❑ LABORERS ❑ PILE DRIVER ❑ SHEET METAL 0 TILE WORKERS ❑ BOILERMAKER ❑ CEMENT MASONS ❑ ELEVATOR MECHANIC ❑ MILLWRIGHTS ❑ PIPE TRADES ❑ SOUND/COMM ❑ BRICKLAYERS ❑ DRYWALL FINISHER ❑ GLAZIERS ❑ OPERATING ENGINEER ❑ PLASTERERS ❑ SURVEYORS ® CARPENTERS ❑ DRYWALL/LATHERS ❑ IRON WORKERS ❑ PAINTERS ® ROOFERS ❑ TEAMSTER ® Check this box to indicate there are no other subcontractors and agree to report any subcontractors if used while providing services to City of Ukiah.