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HomeMy WebLinkAboutWipf Construction 2022-08-02 COU No. CITY OF UKIAH Mendocino County, California AGREEMENT FOR TRENCH WORK AT THE UVCC Specification No. 22-08 THIS AGREEMENT,made this 2nd day of August 20_ 22,by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Wipf Construction LLC 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 fourteen (14)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 TRENCH WORK AT THE UVCC '39 Spec.No.22-08 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. TRENCH WORK AT THE UVCC 40 Spec.No.22-08 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. TRENCH WORK AT THE UVCC 41 Spec.No.22-08 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 to be signed by authority of their duly authorized office this day of ��} , 20 2-)•. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: 4-7- , Y CITY F Attest: CITY CLERK, CITY OF UKIAH By: CONTRA TOR Attest: Title: The foregoing contract is approved as to for and legality this J��day of - , 20. . lir 1111 11 4— %J - CITY A OR , CITY F I TRENCH WORK AT THE UVCC 42 Spec,No.22-08 CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No. 107635764 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 WIPF Construction, LLC , (hereinafter referred to as the "Contractor")an agreement for Contract No. (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 2.2022 ,(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, WIPF Construction,LLC the undersigned Contractor and Travelers Casualty and Surety Companyo(Amedca as Surety,a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of Sixteen Thousand Two Hundred Forty and OW100 ($ 16,240.00 ),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 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 TRENCH WORK AT THE UVCC 44 Spec.No.22-08 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. iu. Permit the City to complete the Project Ln 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] TRENCH WORK AT THE UVCC d5 Spec.No.22-08 IN WITNESS WHEREOF. we have hereunto set our hands and seals this 4th day of August 2022. (Corporate Seal) WIPF Construction, LLC Contractor/Principal By Title IQ W if ;Corporate Seal) Travelers asualty and Surety Company of America Surety B 4 Attorney-in-Fact (Attach Attorney-in Fact Certificate) Title Andrea Cantlon,Attorney-In-Fact The rate of premium on this bond is $11.40 per thousand.The total amount of premium charges is $ 185.00 (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) Travelers Casualty and Surety Company of America 11070 White Rock Road#130 Rancho Cordova,CA 95670 (Name and Address of Agent or N/A Representative for service of process in California, if different from above) (Telephone number of Surety and Agent 916-852-5223 or Representative for service of process in California) TRENCH WORK AT THE UVCC 46 Spec.No.22-08 STATE OF Nevada COUNTY OF Washoe On August 4,2022_ , before me, Carey Morgan,Notary Public (here insert name of notary) per-mally appeared _ Andrea Carillon (name(s)of igner(s)) personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/shellhey executed the same in hisftrRheir authonzed capacity(ies), and that by his/herAheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ..............I.......... ...... CARt*Y MORGAN Signature (SEAL) : Notary Public-State of Nevada Appointment Recorded In Washae County No:OO.85183.2-Expires September 22,2025 This area far Official Notarial Seal 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 TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5109) ALL-PURPOSE ACKNOWLEDGEMENT CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. 107635764 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded to WIPF Construction,LLC ("Contractor/Principal") a contract (City Agreement No. , dated Au ust 2 , 2022 , referred to as the "Agreement") for the work described as Trench Work at the UVCC The 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 WIPF Construction,LLC the undersigned Contractor/Principal,and rrs�sualty and Surary Company ("Surety"),a corporation organized and existing under the laws of the State of Connecticut ,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 any person, company, or corporation entitled to make a claim on this bond,in the sum of$16,240.00 ,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. Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: TRENCH WORK AT THE UVCC 47 Spec.No.22-08 Attn Travelers Casualty and Surety Company of America Address: 11070 White Rock Road 4130 City/State/Zip: Rancho Cordova, CA 95670 Phone 916-852-5223 Fax: Email.—andrea.cantion@lpins.net IN WITNESS WHEREO,two identical counterparts of this Bond. each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the ath day of August , 2022 . WIPF Construction,LLC (SEAL) Contractor/Principal By 4xAZ L)k Contractor's Wresentative 1300 Hastings Road Contractor/Principal's Address Ukiah,CA 9W2 City,State,Zip Travelers Casualty and Surely Company of America SEAL) Surety By r 4A S rety's epresentative Andrea Ca-, on,Attorney-In-Fact 11070 White Rock Road#130 Surety's Address Rancho Cordova,CA 95670 City,State,Zip 775-336-1987 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. TRENCH WORK AT THE UVCC9 Spec.No.22-08 STATE OF Nevada _ COUNTYOF Washoe } On August 4,2022 , before me, Carey Morgan,Notary Public (here insert name of notary) personally appeared Andrea Cantlon (name(s)of Signer(s)) personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisJherAheir authorized capacity(tes), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. .,,....,... CAREY MORGAN Signature (SEAL) Notary Public-State of Nevada Appointment Recorded in Washoe County No:00-65183.2-Expires September 22.2025 This area for Official Notarial Seal 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 _ TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF Pt RSON(S i OR F NTi TYf 1`S i SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV:5109) ALL-PURPOSE ACKNOWLEDGEMENT Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company FTRAVELERS'J St. Paul Fire and Marine insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Andrea Cantlon of RENO , Nevada , their true and lawful Atiomey(s)-in-Fact 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 21st day of April, 2021. r(/Rq�q q cow OV momN's f�+l >� State of Connecticut By. City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. wp IN WITNESS WHEREOF,I hereunto set my hand and official seal My Commission expires the 30th day of June,2026 * N+++ * !%/GY.Q.•L/ Poe110 Anna P.Nowik,Notary Public This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Sensor Vice President. any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a band, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer. any Ass:stant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority:and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 4th day of August 2022 s� err Kevin E Hughes,Assi Cant Secretary To verify the authenddty of this Power of Attorney,please call us at 1-8010-421-3880. Please refer to the above-named AMmey(s)-in-factand the details of the bond to which this PowerofAttorney Is attached. CITY OF UKIAH Bond No: 107635764 Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP(MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, WIPF Construction,LLC as PRINCIPAL and Travelers Casualty and Surety Company of America as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sure of Fight Hundred Twelve and 001100 Dollars ($812.00 1, (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, frmly by these presents. WHEREAS,the said Principal entered into a Contract with the City of Ukiah dated August 2,2022 for Trench Work at the UVCC 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 and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this 4th day of August , 2022 WIPF Construction, LLC (Seal) BY: (Seal) (Seal) Principal Travelers C sualty and Surety Company of America (Seal) BY: (Seal) An . a Ca tlon.Attorney-In-Fact (Seal) Surety TRENCH WORK AT THE UVCC 50 Spec_No.22-08 STATE OF Nevada COUNTYOF Washoe __ } On August 4,2022 , before me, Caney Morgan,Notary Public (here insert name of notary) personallyaAoeared Andrea Cantlon (name(s)of Signer(s)) personally known to me(or 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 helshelthey executed the same in his/herAheir authorized capacdty(ies), and that by his/herAheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. CAney MORGAN.,,.,. ,. Notary Public-State of Nevada Signature (SEAL) Appointment Reoorded in Washoe County No:*65183.2-Expires September 22,2025 This area for Official Notarial Seal 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNERS)OTHER THAN NAMED ABOVE to.1232(REV.5109) ALL-PURPOSE ACKNOWLEDGEMENT 1 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies").and that the Companies do hereby make constitute and appoint Andrea Cantlon of RENO , Nevada , their true and lawful Attomey(s)-in-Fact 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 21st day of April. 2021. At EMMA .1 ,Gm COWL VA State of Connecticut By. City of Hartford ss. Robert L.Ran enior vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal 1f9l�LG�/��GC My Commission expires the 30th day of June,2026 •fN 0 � PUBLIC Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows. RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 4th day of August 2022 Kumoro ha Gr • �+ f! �! t Kevin E.Hughes,Assi tans Secretary To verify ire aitheatidty of this Power of Attorney,please call us at 1-800-421 3880. Please refer to the above-nanhed Attorneys)-in-Fact and the details of the bond to which this PowerofAtMrney is attached.