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HomeMy WebLinkAboutPeterson Mechanical 2023-08-03 0g3 COU 2324-00+ CITY OF UKIAH Mendocino County, California AGREEMENT FOR HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT Specification No. 23-10 THIS AGREEMENT,made this 3rd day of August,2023, by and between the City of Ukiah, Mendocino County,California, hereinafter called the City and Peterson Mechanical, 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 forty-five(45)calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work,without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. HVAC REPLACEMENT AT THE WWTP 41 Spec.No.23-10 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 Contractorwill 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. HVAC REPLACEMENT AT THE WWTP 42 Spec.No.23-10 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. (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. HVAC REPLACEMENT AT THE WWTP 2:', Spec.No.23-10 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 a`f day of . t 4a � 20 . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: -. — j ER, CITY OFZU �"H Attest: 1. � t � lv ftITY CLERK, ITY OF UKIAH By: _ _ CON1rRACTOR ' Attest: Title: AC` .f} The foregoing contract is approved as to fo nd legality this �-� day of +.� s 1 , 20 _ _. CITY A RN , CITY OF IA HVAC REPLACEMENT AT THE WWTP 44 Spec.No.23-10 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on August 3rd, 2023, by and between the City of Ukiah (Ukiah)and Peterson Mechanical, Inc. (Contractor). Contractor is performing work as per Spec No. 23-10 HVAC Replacement at the Wastewater Treatment Plant 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: TITLE: Scott Peterson,Director of Service HVAC REPLACEMENT AT THE WWTP 45 Spec.No.23-10 TRIPLICATE ORIGINAL Premium:$2,482.00 CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No. 30195356 KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS,the City of Ukiah,organized and operating under the laws of the Skate of California,(hereinafter referred to as the "City") has awarded to Peterson Mechanical,Inc. (hereinafter referred to as the "Contractor")an agreement for Contract No. 23-10 (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 3.2023 , (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, Peterson Mechanical,Inc. the undersigned Contractor and Western Surely Company, ,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 Two Hundred Six Thousand Eight Hundred Sixty Five and 00/100 ($206 865.00 ), 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 tothe 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 HVAC REPLACEMENT AT THE WWTP 46 Spec.No.23-10 price, including other costs and damages for which Surety maybe 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 forwhich 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] HVAC REPLACEMENT AT THE WVVrP 47 Spec.No.23-10 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 11th day of August , 20ZZ.23 (Corporate Seal) Peterson Mechanical,Inc. Contractor/Pir cipa By ' Title (Corporate Seal) Western Surety Company Surety By At o ey-in-Fa (A.i`at:h Attorney-In Fact Certificate) Title Kathy Rangel,Attorney-in-Fact The rate of premium on this bond is $12 per thousand.The total amount of premium charges is $ 2.482.00 (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) Western Surety Comoany 910 Pleasant Grove Blvd.,Suite 120-347 Roseville.CA 95678 (Name and Address of Agent or AMANDA GARCIA 330 N Brand Blvd Ste 700 Representative for service of process in Glendale CA 91203 California, if different from above) (Telephone number of Surety and Agent Western Surety Com an 916-857-2414 or Representative for service of process in California) Warren G.Bender Co.dba Bender Insurance Solutions 916.380-5300 HVAC REPLACEMENT AT THE VWVTP 46 Spec.No.23-10 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 '5rw I;_r`ar!!347:.#'.:w"A 41 '' " t 0 M A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to wh ch this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of On ---._ ) � before me, /U-c-G+d1c S &eM.'CA,I Date Here Insert Name and Title of the ffrcer personally appeared _ Cc>I+ s ea, - __Namefs�of Signer(sJ _ who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed 10 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. I certify under PENALTY OF PERJURY under the NICHOLASPETERALEDX(IOtl laws of the State of California that the foregoing V` = Notary Public•California paragraph is true and correct. Sonoma County Commission 0 231202, N1yComm.Expires Nov9,2023 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or- fraudulent reattachment of this form to an unintended document. Description of Attached Document d Title or Type of Document: r+� DocurnentDate: (l ?9zz Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed..]Cci �y S�ig,ner(� Si ner's Name: �tt�s Signer's Name: Corporate Officer —Title(s): 12 P— ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General Cl Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: :2019 National Notary Association M1304-09 (11/20) 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 Placer County of ) On August 11, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Kathy Rangel who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. K.RQUY NMrY PUbk•Cadfornta Pacer Cmnry „ Conam}sston s 2384942 Signature ' (Seal) �MYCOMM,bO►es fty 30.2025 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Jana B Pilgard, Kathy Rangel, Robert D Laux, Dona Lisa Buschman, Edward D Johnson, Julie A Shiroma, Stephen D Bender, Alexis Estrada, Lisa Bracero, Maggie Bender Johnson, Individually or Roseville,CA,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power or Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of January,2022. ywrrro WESTERN SURETY COMPANY �yppPtlRq .4CAV 'rPaul T.Bruliat,Vice President State of South Dakota County of Minnehaha ss On this l8th day of January,2022,before me personally came Paul T.Bruflat,to me known,who,being by me duly swam,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seat affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corpermicn and that he signed his name thereto pursuant to like authority, and acknowledges some to be the act and deed of said corporation. My commission expires �N��NNti�NN. M.BENT rronrmr ouauc� March 2,2026 :�`�..sount.wwam ; i M.Bent,Notary Public CERTIFICATE 1, L..Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corp:--ration printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation.his 111h day of August 2023 AIM n WESTERN SURETY COMPANY L-Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. TRIPLICATE ORIGINAL Premium Included with Performance Bond CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. 3o195356 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded to Peterson Mechanical,Inc. ("Contractor/Principal") a contract (City Agreement No. 23-10 dated August 3 2023 referred to as the "Agreement") for the work described as tiVACRewammta+lheWast�.lHltaimMIFIMI . 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 Peterson Mechanical Inc. the undersigned Contractor/Principal, and Western Surety Company ("Surety"), a corporation organized and existing under the laws of the State of south Dakota , 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$ 206,865.00 ,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. HVAC REPLACEMENT AT THE WWTP 49 Spec.No.23-10 Any notice to Surety maybe given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: Attn: Mike McDonald Address: 910 Pleasant Grove Blvd.,Suite 120.347 City/State/Zip: Rosevi-le,CA 95678 Phone: 916-857-2414 Fax: NIA Email: michae;.mcdonald@cnasurety corn 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 thellmday of August , 2a23 Peterson Mechan;cal,Inc. (SEAL) Contractor) incip I By Contractor's Representative P.O.Box 450 Contractor/Principal's Address Sonoma CA 95476 City,State,Zip Western Surety Company (SEAL) Surety By :' �� V urety' epresentdt a Kathy Range[,Attorney-in-Fact 910 Pleasant Grove Blvd,Suite 120-347 Surety's Address Roseville,CA 95678 City,State,Zip 916-857-2414 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. HVAC REPLACEMENT AT THE VWVTP 50 Spec.No 23.10 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 forthe surety company must be attached to the bond. 8. 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. HVAC REPLACEMENT AT THE WWfP 51 Spec No 23-10 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1SQ'I 0n before me, Dote Here Insert Name and Title of the Officer personally appeared Sr a,14 Nome(s)of Signer(s) who 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/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. I certify under PENALTY OF PERJURY under the 4 NICNOtAS pETERAE.FJ(iou laws of the State of California that the foregoing MauryPublk-Callfornia L paragraph is true and correct. Sonoma County I Commissionjr23i2029 WITNESS my hand and official seal. my Comm.E41res Nov 9,2023 Signature Place Notary Seal and/or Stamp Above Signature 4f Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: 1 Document Date: "g1)1I -3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Simmer's Name: Se—op � �^ Signer's Name: I9'Corporate Officer—Title(s): _ 11 ❑ Corporate Officer— Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Partner— -1 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee C1 Guardian or Conservator ❑ Other: ❑ Other- Signer is Representing: Signer is Representing: �2019 National Notary Association M 1304-09(11/20) 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 11, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Kathy Rangel who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. K.MKV 4 Notary PtAmic-Cadfornia Prater Covaty COMMtSsion a 2384942 Signature , (Seal) My COMM-EOfft vov 30'2025 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Jana B Pilgard, Kathy Rangel, Robert D Laux, Dona Lisa Buschman, Edward D Johnson, Julie A Shiroma, Stephen D Bender, Alexis Estrada, Lisa Bracero, Maggie Bender Johnson, Individually of Roseville,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as of such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this l Bth day of January,2022. Epp WESTERN SURETY COMPANY oO,YOggi���. '�f 8t Ay f au!T.Hmflat,Vice President State of South Dakota 1 JT ss County of Minnehahn On this 18th day of January,2022.before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires """M.BENT M.BENT Novm►NBue f March 2,2026 1620 O"'�l M.Bent,Notary Public CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force.and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11 th day of August 2023 y,►WEiyC WESTERN SURETY COMPANY ,wh�i t L Nelson,Assistant Secretary Fonn F4290.7.2012 Go to www.enasurety-corn>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Low ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or Any Vice President,or by such other officers as the Board of Directors may authorize_ The President,any Vice President,Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.