HomeMy WebLinkAboutGhilotti Construction Company, Inc. 2022-08-04 COU 2223-092
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
CLARA AVENUE RECONSTRUCTION PROJECT
SPECIFICATION NO. 20-08
THIS AGREEMENT, made this 4th day of August 20 22 , by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and Ghiloui Construction Company Inc-here inafter
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 fifty (50) working 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
Clara Avenue Reconstruction Project 97 Spec.No.20-08
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.
Clara Avenue Reconstruction Project 98 Spec.No.20-08
Upon receipt of such written notice from the Fair Employment Practices Commission,the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding
authority within a stated period that the violation has been corrected, his or her pre-qualification
rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof,
for each person who was denied employment as a result of such non-compliance, the penalties
provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered
from the Contractor.The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that
may be available at law,
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she
has or will meet the following standards for affirmative compliance, which shall be evaluated in
each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors,foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees' referrals (including unions, employment agencies, advertisements,
Department of Employment)of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report
shall also spell out the sources of the work force and who has the responsibility for determining
whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations
with the unions with whom he or she has agreements,attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The"Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Clara Avenue Reconstruction Project go Spec.No.20-08
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
T['to be signed by authority of their duly authorized office this day of J 20 J 4
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
_n
CITY
PrVKWftr
Attest: X7t
CITY CLERK, CITY OF UKIAH
By:
C NTRA OR +qr�_ rt rJ+eS kLevic+
Attest:
Title: nk�7� d
The foregoing contract is approved as to form and legality this /Q/7 day of A" +{ o 7-2—
CITY A , CITY F IA
Clara Avenue Reconstruction Project i;i;i Spec.No.20-08
1 I
G H I L 0 T T I
SinceIZZMEM 1914
GHILOTTI CONSTRUCTION COMPANY, INC.
CORPORATE RESOLUTION TO EXECUTE CONTRACTS
WHEREAS, the Board of Directors (the "Board") of Ghilotti Construction
Company, Inc., a California corporation (the "Corporation'} deem it desirable and in the
best interests of the Corporation to authorize the following Officers of the Corporation
for the purpose of executing in the name of the Corporation, all bid documents, contract
documents and contract bonds: Richard W. Ghilotti, Chief Executive Officer; Brian W.
Ongaro, President and Secretary; Ali Yazdi, Executive Vice President of Public Works
and Chief Operating Officer; Irving T. Huie, Chief Financial Officer and Treasurer, and
Thomas Smith, Vice President of Estimating.
NOW, THEREFORE, BE IT RESOLVED, that the Directors hereby approve
and appoint Richard W. Ghilotti, Chief Executive Officer; Brian W, Ongaro, President
and Secretary; Ali Yazdi, Executive Vice President of Public Works and Chief Operating
Of,fitcer; Irving T. Iluic, Chief Financial Officer and Treasurer; and Thomas Smith, Vice
President of Estimating for the purpose of executing in the name of the Corporation, all
bid documents, contract documents and contract bonds.
RESOLVED FURTHER, that any and all actions taken by Richard W. Ghilotti,
Brian W. Ongaro, Ali Yazdi, Irving T. Huie and Thomas Smith in executing said bid
documents and Bidder's Bonds be, and they hereby are, ratified and approved, and all
such Proposals and all such contracts and bonds and documents are hereby adopted as
binding obligations of the Corporation.
Secretary's Certifrcalion
The Secretary of the Corporation hereby certifies that he is the duly elected and
qualified Secretary of the Corporation and certifies that the above is a true and correct
record of a Board resolution that was duly adopted by the Corporation's Board of
Directors at. a special meeting, which was duly and regularly called and held in all
respects as required by law and by the Corporation's bylaws, and which was held on July
15, 2021.
IN WI1 NESS WHEREOF, I have hereto set my hand as such Secretary and
affixed the corporate seal of the said Corporation, this 15" day of July, 2021.
By: --
Brian W,06rigaro, Secretary
Engineering Contractor —
246 GHILOTTI AVENUE•SANTA ROSA,CA 95407.707-585-1221 •FAX:707-585-0129
www.ghilotti.com
STATE CONTRACTORS UCENSE 56"515
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on August 4th 20 22 ,
by and between the City of Ukiah (Ukiah)and Ghilotti Construction Company Inc. (Contractor).
Contractor is
performing work as per the plans and specifications for Spec 20-08 Clara Avenue Reconstruction 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.
CONTRACTOR
BY: 6,61
i CLV. Urt3 aro
TITLE:--?feslt
Clara Avenue Reconstruction Project 101 Spec.No.20-08
Premium is for Contract Term and is CITY OF UKIAH
Subject to Adjustment Based Mendocino County, California
on Final Contract Price
Executed in Duplicate PERFORMANCE BOND
BOND No. #070217494
Premium- $19.679.00
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California,
(hereinafter referred to as the"City")has awarded to Ghilotti Construction Company, Inc. ,(hereinafter referred
to as the "Contractor") an agreement for Contract No. COU 2023-090 (hereinafter referred to as the
"Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the
Project dated August 4, 2022 , (hereinafter referred to, together with all attachments and exhibits
thereto, as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a
bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Gh.lotti Construction Company, Inc the undersigned Contractor and
Liberty Mutual Insurance Company as Surety, a corporation organized and duly authorized to transact business
udder the o� thek State of California, are held firmly bound until the City in the sum of
nee MJN Faularg undres Sewn - x 3,476 711,98
Thousand_Seven Hundred Eleven and,Qj#(]QO--- ($_ , ?, for which amount well and truly to be made,we
bind ourselves, our heirs ,executors and administrators, successors and assigns,jointly and severally,firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made
as therein provided,on its part, to be kept and performed at the time and in the manner therein specified,and in
all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify
and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said
Contract Documents,then this obligation shall become null and void;otherwise it shall be and remain in full force
and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in
enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided
for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the
acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any
obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's
obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil
Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents,the
Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract
Documents;or
Clara Avenue Reconstruction Project 102 Spec.No.20-08
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the
Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder, the Surety and the City, and make available as work
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make
available as work progresses sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which Surety may be liable. The
term "balance of the contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any amount previously paid
by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by
Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for
completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's
objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way
affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Clara Avenue Reconstruction Project 1 G9 Spec.No.20-08
IN WITNESS WHEREOF,we have hereunto set our hands and seals this 5th day of August
2022.
(Corporate Seal) Ghilotti Construction Company, Inc.
Contractor/ rinci
By
BriCwL Uvlgo►*v
Title` YeSiJzAJ' J
(Corporate Seal) Liberty Mutual Insurance Company
Surety
By
Dona Lisa a .,Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title Attorney-In-Fact _
The rate of premium on this bond is 8.86/$5.51/$4.33 per thousand. The total amount of premium charges
is$_19,679.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
1001 4th Ave. Suite 3800
Seattle, WA 98154
(Name and Address of Agent or Litefly_Mutual Surety
Representative for service of process in 1610 Arden Way, Suite 299
California, if different from above) Sacramento.CA 95815
(Telephone number of Surety and Agent (925)979-6705-Ed Campos
or Representative for service of process in California)
Clara Avenue Reconstruction Project 104 Spec.No.20-08
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 Placer
On August 9, 2022 before me, K. Hanley, Notary Public
(insert name and title of the officer)
personally appeared Dona Lisa Buschmann
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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. ar,N K.HaNLEY
U»
Notary Public-California z
;• _ - Placer County r
+` Commission 4 2384942
!Ay Comm.Expires Nov 30,2025
Signature (Seal)
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No:8208535-977442
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire that
Liberty Mutual Insuranoe Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the I aws of the State of Indiana(herein collectively called the-Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alexis
Estrada.Curtis A.Bowden,Dona Lisa Buschman,Edward D.Johnson,J.Buschmann,Julie A.Shiroma,K.Hanley,Kathy Rangel,Lisa Wilson,Maggie Bender-
Johnson,Robert D.Laux
all of the city of Roseville state of CA each individually if there be more than one named,its true and lawful attorney-in-fad to make,
execute seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed any and a.undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shat be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of The Companies and the corporate seals of the Companies have been affixed
thereto this 2nd day of August 2022
Liberty Mutual Insurance Company
P�tNSU,gq P'JY INS 0 d vNsuR4 The Ohio Casualty Insurance Company
1J u°�POi�'j yC+ ViJ 4°�POq'�E.'Z .VPoo"POi�r mac+ WestAmerican Insurance Company
'Su
1912 o Y 1919 o u 1991
y ~d��s�"cNub��aD y� awNrs�dL� �s �Nol�x� rib
By
David M.Carey,Assistant Secretary F
M State of PENNSYLVANIA ss
County of MONTGOMERY
On this 2nd day of August 2022 before me personally appeared David M,Carey who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company.The Ohio Casualty Company,and West American Insurance Company,and that he,as such.being authorized so to do,execute 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 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written
0 Q41 rF
K,pN wig C Commonwealth of Pennsylvania•Notary Seal
`a. ors v Tenasa *
y Public
Montgomery
O.�. OF My commission expires March 28.2025
C Commission numbertIM4 By: �m
. ivv a Member.PemuyMana Assoc*Wn of Notaries eresa Pastella,Notary Public O
Itr)4n A
w This Power of Attorney Is made and executed pursuant to and by authority of the fdlowing By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance oQ
O•S Company,and West American Insurance Company which resolutions are now in hull face and effect reading as fdbws: CN
°y ARTICLE IV-OFFICERS:Section 12.Power of Attorney. h
40- Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President
L ei may prescribe,shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all —
j N undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fad,subject to the limitations set forth in their respective powers of attomey,shall have full 'a
O power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall
Z v be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fad under the provisions of this
article maybe revoked at anytime by the Board,the Chairman,the President of by the officer or officers granting such power or authority.
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such aftomeysan-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,reoognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as it
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David 1A Carey,Assistant Secretary to appoint such attorneysan-
fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous oonsenl of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 5th day of August 2022
P4 nNSU
Pa �� P�0 INS& a 1NSt/gq
.7.�' �fFo%{k
Z C1
1912 p 1 1919 a s 1991 0
d,A�44,HUF4rpa y0 �, ps �a� �s �MomAK* dad By.Renee C.Llewellyn,Assistant Secretor
ry
LMs•12873 LMIC OCIC WAIC MA Co 020
Premium is for Contract Term and is CITY OF UKIAH
Subject to Adjustment Based Mendocino County, California
on Final Contract Price.
Executed in Duplicate PAYMENT BOND
BOND No. #070217494
Premium Included
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah ("City") has awarded to Ghilotti Construction company Inc. ("Contractor/Principal") a
contract (City Agreement No. COu 2023-090 , dated Au uussta , 2022 , referred to as the
"Agreement") for the work described as Snag N JM=.. co '��Agreement is incorporated by this
reference into this Payment Bond("Bond");and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant
to California Civil Code section 9550;
NOW, THEREFORE, we Ghilotti Construction Company.Inc_ the undersigned
Contractor/Principal, and Liberty Mutual Insluancef;ompany ("Surety"), a corporation organized and existing under the
laws of the State of Massachusetts , and duly authorized to transact business under the laws of the
State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or
corporations entitled by law to file stop payment notices under California Civil Code Section 9100. or anyerson
company, or corporation entitled to make a claim on this bond in the sum of$3.476.711.98=,mdihlm,lour u redseverlyo 1
� , IMusand seven hundred eleven anp 98170QIhs
for which payment will and truly be made,we bind ourselves,our heirs,executors and administrators,successors
and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors,
administrators, successors or assigns, or subcontractor, shall fail to pay any person or persons named in Civil
Code section 9100;or fail to pay for any materials, provisions, or other supplies, used in, upon,for,or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind,or for amounts due
under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to
deduct, withhold, and pay over to the Employment Development Department, any amounts required to be
deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and
labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein
above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys'fees as
shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the
obligation of the bond by any change, extension of time for performance, addition, alteration or modification in,
to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment
therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining
or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted
rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond
attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or
agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond;and that this bond be construed most strongly against the Surety and in favor of all persons
for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and
Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall
be that the claimant is a person described in California Civil Code section 9100,and who has not been paid the
full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of
time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section
2819 and 2845 of the California Civil Code.
Clara Avenue Reconstructlon Project 105 Spec.No.20.08
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to
Surety as follows:
Attn: Liberty Mutual Surety Claims
Address: 1001 4th Ave suite 3800
City/State/Zip: seatue WA95154
Phone: 1206i473.6210
Fax: (666)547-4880
Email: HOSCL@Libenymutual.com
IN WITNESS WHEREO,two identical counterparts of this Bond,each of which shall for all purposes be deemed
an original thereof, have been duty executed by Contractor/Principal and Surety above named, on the 4th day of
August - 2022
Ghilotti Construction Company, Inc.
(SEAL)
Contractor/Principal
By_/O {�
Contra RepresentativeByi,
246 Ghilotti Avenue ,]
Contractor/Principal's Address
Santa Rosa, CA 95407
City,State,Zip
Liberty Mutual Insurance Company (SEAL)
Surety
By
ty's Representative
Dona Lisa Buschmann,Attorney-In-Fact
175175 Bprkplpy Strept
Surety's Address
Uoston- MA 02116
City,State,Zip
(925)519-6158-Ed Campos
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be
accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to
this bond.A copy of such Power of Attorney must be in file with the City.
Clara Avenue Reconstructlon Project 1015 Spec,No.20-08
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual
and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the
corporate name.
6. The official character and authority of the person(s)executing the bond for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the
officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be
true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the
bond.
a. The date of the bond must not be prior to the date of the Contract.
9 The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party
of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
Clara Avenue Reconstruction Project 107 Spec,No.20-08
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 Placer
On August 9, 2022 before me, K. Hanley, Notary Public
(insert name and title of the officer)
personally appeared Dona Lisa Buschmann
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/shetthey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
*my
K.HANLEY
Notary Public.CaliforniaPlacer County F
Commission 4 2384942Signature (Seal) Comm.Expires Nov 30,2025
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate Na 8208535-977442
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty'nsurance Company is a corporation duly organized under the laws of the Stale of New Hampshire,that
Liberty Mutual Insurance Company is a corporation du y organized under the laws of the State of Massachusetts,and West Amencan;nsurance Company is a corporation duly organized
under the Iaws of the Stale of Indiana{herein collectively called the'Companies-; pursuant to and by authority herein set forth,does hereby name constitute and appoint, Alexis
Estrada,Curtis A Bowden.Dona Lisa Buschmann,Edward D Johnson,J.BusK:hmann,Julie A.Shiroma,K Hanley,Kathy Rangel,Lisa Wilson,Maggie Bender-
Johnson,Roberi D Laux
all of the city of Roseville state of_.-. CA each'ndividually if there be more than one named.its true and lawful attorney-in-fad to make,
execute seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed.any and al.undertakings,bonds,recognizanoes and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authonzed officer-Dr official of the Companies and the corporate seals of the Companies have been affixed
thereto Ni s 2nd day of _ August 2022
Liberty Mutual Insurance Company
P.V hNSU,pp 4X�1( INs&. 1NSr/g4 The Ohio Casualty Insurance Company
J�4oavo�r�n� PO:ooara� eyy� Ili
P34oaroyf�C% West American Insurance Company
> � m
1912 o y 1919� s 1991
�j'.�Ss,cwa0'�da �� M,Mvb ya ifs, 'vn,�N► ,dad i�- •�
w David M.Carey,Assistant Secretary
a t6 State of PENNSYLVANIA
m rn County of MONTGOMERY
w 9) On this 2nd day of August 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
(U Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes�'—
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
N�
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. '
c•2
o 5a, PAST
` �Q,`�„on WEf(Y�y Carmanesa Pavieea.Notary Public Seal
Teresa
p N (IF My commissionMxp res Mardi 2a,2025
B
Mambo.PawyWaNa AnodetCommissiori number m f WoWms y Notary Teresa Paslella,Nola Pudic O
N O SRN P
ph� N
:� This Power of Attomey is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance oQ
E•S Company,and West American Insurance Company which resolutions are now in full face and effect reading as follows: ILR
N
ARTICLE IV-OFFICERS:Section 12.Power of Attorney. b
Q N Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President
cfl
0 may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all
y C undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fad subject to the limitations set forth in their respective powers of attorney,shall have full
0 2 power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall
Z c�.t be as finding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the provisions of this
article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose;n writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeysin-fact,as may be necessary to ad n behalf cf the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the sea of the Company When so executed such instruments shall be as bonding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company.acing pursuant to the Bylaws of the Company,authorizes David M.Carey Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to ad on behalf of the Company to make,execute.seal.acknowledge and deliver as surety any and all undertakings,bonds,reoognizances and other surety
obligations.
Authorization-By unanimous consent of the Companys Board of Directors,the Company consents that facslm:e or mec hanica'ly reproduced signature of any ass slant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company w th
the same force and affect as though manually affixed
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing Is a full,true and eorred copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,!have hereunto set my he,,d and affixed the seals of said Companies this 51h day of August 2022 .
v 1Nsr, _'J`i INS&. a tNSUq
3`¢aro�r�y� -VPr0RvoN�'oto
a r� �
1912
n 0 1919 0 1991
���'d4Hub�a�akT y0 5 aijr �s �Noi�eF aaS By.
NA UPI- Renee C Llewellyn Assistant Secretary --
LMS-12873 LMIC OCIC WAIC Multi Co O?r21
