HomeMy WebLinkAboutSan Francisco Roofing Services, Inc. 2023-08-17 COU 2324-090
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT
Specification No. 23-05
TH IS AGREEMENT,made this 171h day of August,2023,by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and San Francisco Roofing, 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, including but not limited to 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 City, in the manner prescribed by law, has 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 I. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction;
shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature
necessary for completion of the work in conformity with the Special Provisions and other Contract Documents
hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall
complete the work within Ninety (90) calendar days. Contract days shall be counted starting with the 10th day
following receipt of notice that the contract has been executed by the City. Contractor, at its 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. The Contractor shall diligently prosecute all of the Work under this Agreement in all
parts and requirements as defined in the Contract Documents. For each day of day that work remains
incomplete, the Contractor will pay to the City, as liquidated damages, the amount of $500 per day, as more
particularly described in Section 10-12 of the General Conditions.
(00245263.1) 64 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
Article It. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor,for complete
and timely performance of the contract by the Contractor in strict accordance with the Contract Documents. 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, and all other Contract Documents.
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 lair
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
(00245263A) 65 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and
1775 the Contractor shall,as a penalty to the City,forfeit for each calendar day or portion thereof,for
each person who was denied employment as a result of such non-compliance,the penalties provided
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the
Contractor.The City may deduct any such damages from any monies due the Contractor.
(f) 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.
(00245263.1) 66 Spec No.23.05
Grace Hudson Museum Roof Rep acement Negotiated Contract
(1) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Article IV. Parts of the Contract.
This Agreement shall consist of this document and all of the Contract Documents,which are incorporated herein
and made a part hereof. The Contract Documents include all of the following:
Contract Documents: Those documents that form the basis of the Agreement, including, but not limited to, the
Notice to Bids, Instructions to Bidders, Pre-Bid Conference, Bid Forms, Bidding Schedule, Schedule of Values,
Bidding Addenda, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal
Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract
Drawings,Addenda,Contractor's bid,and all Change Orders issued after the execution of the Agreement,and all
other documents incorporated by reference in the same.
Article V. Prevailing Wage Scale
Reference is made to the requirements on the general prevailing wage rates set forth in the Contract Documents. A
copy of such rates may be reviewed at the Financial Services Manager's Office at the address listed in Article VI,
below. Those rates are hereby specified as the minimum rates of prevailing wage to be paid workers under this
Agreement.
Article VI. Service of Notice
Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally
delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested,
postage pre-paid, to the address specified below:
City: Contractor:
Mary Horger, Financial Services Manager Manny Avila
City of Ukiah San Francisco Roofing
411 West Clay Street 2115 Jennings Street
Ukiah, CA 95482 San Francisco, California 94124
The City may also act through its Engineer or other designee if the City expressly gives notice to the Contractor,in
writing, that the City's designee has authority to act for the City in a specific capacity.
Article VII. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the County of Mendocino and the
State of California. Subject to the dispute resolution provisions in the Special Provisions,any action relating to this
Agreement shall be instituted and prosecuted in Mendocino County, California.
Article VIII. Contractors License Law
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS'
STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR
YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR
(00245263.1) 67 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF
THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING ACONTRACTOR MAYBE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA
95826.
IN WITNESS WHEREOF,this contract being executed in duplicate and the parties having caused their names to
r
be signed by authority of their duly authorized office this day of dLokG�t r;20�.
----
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: Cl AN CI F KIAH
Attest: _
C Y CLERK, CITY OF UKIAH
FOR THE CONTRACTOR:
Name under which business is conducted: San Francisco Roofing Services. Inc.
Business Address: 2115 Jennings st, San Francisco
State CA Zip Code 94124 Telephone 628-444-3610
Type of business organization: S-Corp
*If a Corporation, incorporated under the laws of the State of: California
The undersigned certify that they sign this Agreement with full and proper authorization to do so.
By:_- - Print Manuel Avila Jr.
Title: Corporate Secretary
Date: Z.5 ZRV 2., — —_
By:* zyz:fe� Print Ulises Avila
Title: CFO
Date: _ � 2 52 3 Contractor's Corporate Seal:
(00245263.1) 69 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
'If the Contractor is a Corporation, this Agreement must be executed by two corporate officers, consisting of:
(1)the President, Vice President, or Chair of the Board, and
(2)the Secretary,Assistant Secretary,Chief Financial Officer,or Assistant Treasurer. Alternatively,this Agreement
may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City
is provided demonstrating that such an individual is authorized to bind the corporation (e.g. a copy of a certified
resolution from the corporation's board or a copy of the corporation's bylaws).
1�
The foregoing contract is approved as to fo and legality this /r! day of 20 . .
CITY TTO CI OF U 1�
(00245263.1) 69 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California,on August 17, 2023, by and between
the City of Ukiah (Ukiah)and San Francisco Roofing Services, Inc. (Contractor).
Contractor is performing work as per Spec 23-05 Grace Hudson Museum Roof Replacement 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 negligence,
active negligence or willful misconduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _.—
�'1 AAAI E L Av i t_A IZ
TITLE: Corporate Secretary
(00245263,1) 70 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
THE FINAL PREMIUM IS t_zecuted in Two(2)Ongcnal Counterparts
PREDICATED ON THE
FINAL CONTRACT AMOUNT
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No. EACX4038913
Premium: $6,188.00
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 San Francisco Roofing Services, Inc., (hereinafter referred to as the
"Contractor")an agreement for Contract No. COU 2324-M ' (hereinafter referred to as the"Project").
'Grace Hudson Museum Roof Replacement, Specification No. 3-05
WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract for the Project
dated August 17th.2023 , (hereinafter referred to,together with all attachments and exhibits thereto,as
ct terms"Cont Documents"), the tes 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 fumish a
bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, San Francisco Rooting Services, Inc., the undersigned Contractor and
Endurance Assurance Corporation.as Surety,a corporation organized and duty authorized to transact business under
the laws of the State of California, are held fimmiy bound until the City in the sum of
Four Hundred Fdty thousand and 001100 oofts ($450,000.00 ),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 casts 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,tmiess 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
(00245263.11 71 Spec No,23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
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 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 steal 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]
(00245283.1) 72 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
IN WITNESS WHEREOF, we have hereunto set our hands and seats this 22nd day of August,2023
(Corporate Seal) San Francisco Roofing Services, Inc.
Contractor/Prtnc
By a�" tpa a-.
Title
(Corporate Seal) Endurance Assurance Corporation
Surety ,.—
By
Benjantn Wolfe,Attomey4n4Fact
(Attach Attorney-in Fact Certificate) Title Attomev-in-Fact
The rate of premium on this bond is $13.75 per thousand.The total amount of premium charges is
$6,188.00
(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) Endurance Assurance Corporation
725 S. Figueroa Street, Suite 2100
Los Angeles,CA 90017
(Name and Address of Agent or Commercial Surety Bond Agency
Representative for service of process in 5050 Laguna Blvd., Ste. 1124804
California, if different from above) Elk Grove,CA 95758
(Telephone number of Surety and Agent Surety: (213)270-7000/Agent:(916)994-0801
or Representative for service of process in California)
(00245263.1) 13 Spec No.23-05
Grace Hudson Museum Roof Replacement Negobated Contract
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 Catifomia
Sacramento
Sacr
County of _ - ----- --- --- ----)
On AUG 2 2 2023 before me, Chelsea Liberatore, Notary Public
(insert name and title of the officer)
personally appeared Benjamin Wolfe
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/shelthey 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. ,.,'4 CAELSEA LIBERATORE
Notary Public•Caliiprnia
Sacramento County
z '{ C6mmiSsiOn p 2444570
r '' My Comm.Expires Apr 17,2027
Signature t__� _ (Seat)
Bond No.EACX4038913
CW SOMPO INTERNATIONAL POWER OF ATTORNEY
4381
KNOW ALL BY THESE PRESENTS. that Endurance Assurance Corporation, a Delaware corporation. Endurance American insurance Company. a Delaware
corporation, Lexon Insurance Company a Texas corporation. arhdlor Bond Safeguard Insurance Company, a South Dakota corporation,each.a'Company'and
Collectively,-Sompo Intematfonal,'do hereby constitute and appoint:Daniel Huckabay,Arturo Ayala,Dwight Reidy,Frank Morones,Ben Slong,Michael D.Stang,
Shaunna Romlie Ostrom,Benjamin Wolfe,Chelsea Liberatore,Adrian Langrell as true and lawful Adonney(sFln-Fact to make,execute,seal,and deliver for,and on
its behalf as surety or co-fiurety.bonds and undertakings given for any and all purposes,also 10 execute and deliver on its behalf as aforesaid renewals,extensions,
agreements waivers consents or stipulations relating to such bonds or undertakings provided,however. that no single bond or undertaking so made,executed and
delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars($100,0(10,000.00).
Such bonds and undertakings for said purposes,when duty executed by said attOmey(s)_in-fact,shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seat attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the I So'
day of June 2019.a copy of which appears below under the heading entitled'Certificate`.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 151r,day of June,2019 and said resolution has not since been(evoked,amended or repealed:
RESOLVED,that the signature of an individual named above and the seal of the Company may be affixed w any such power of attorney or any certificate retailing t rereto
by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,each Company has caused this instrument'o be signed by the following officers,and its corporate seal to be affixed this 15``day of
June,2019.
Endurance Assurance
C+orporado Endurance American } Lexon Insurance Company Bond Safeguard
J�Z-et j l `[�. gy:AZ7� \ By. �f tyc ' gy I n C pa '
r Counsel Richard A iVR� ter Counsel Richard A h Sent set RIC and ,SVPA�$anlol'Cou I
Richard Appelpg WL464 ,mio ppe4 m irlg PPe. APPol�. INSb
��4.•pih.P'?Rgr• 3, ��* GO�pO�r1��n 9 d"°"r+ J
F'•e r 't SWTrr
f f 8H A T, A i c°1i: SMU n# I DAKOTA
; o SEAL 2002
h�suvwcE1998 iMUMARE DE3AWAkE
laontcauv
It
". ,..w•w+v `"•x .,. "� ACKNOWLEDGMEtVT
On this 15m day of June 2019,before me.personally Came the above signatories known to me who being duly swum,did depose and say that hellpe �rofpcer of each
of the Companies;and that he executed said instrument on behalf of each Company by authority of his offlo under by ws of each Cornpa*:, +'.:••-•. '-
sr.n
a
nhwor
By:
amy ayior,N �blic idly Commisskt Expires 3r9f27Z
FARELIIPICATE
1,the undersigned Officer of each Company,DO HEREBY CERTIFY that
1.That the original power of attorney of which the foregoing is a copy was duly executed on behalf 01 each Company and has not since been revoked,emended or
modified;that the undersigned has compared the foregoing copy tlhereof with the original power of atlomey and that the same is a true and Correct copy of the original
powerof attorney and of the whole thereof
2.The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 sand said
resolutions have not since been revoked,amended or modified:
'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and delver for and on behalf of the Company any and all bonds.
undertakings or obligations in surety or co-suety with ofhers: RICHARD M.APPEL,BRIAN J.BEGGS,CHRISTOPHER DONELAN,SHARON L.SIMS.
CHRISTOPHER L.SPARRO,MARIANNE L.WILBGRT
and be it further
RESOLVED,that each of the individuals named above is authorized to appoint allomeys4ri-fact for the purpose of making,executing,sealing and delivering bonds,
undertakings or obligations in surety or co-surely for and on behalf of the Company.'
3.The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this 22nd day of At' st 2423 ,
By.
Da S. tary
IIQIICE: U.&TREASURY DEPAB-TMENT*S OFFICE OF fQ13CM ASSETS CONTROL 10FACI
No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surely coverage provided. This Notice provides information
concerning possible impact on your surety coverage due to directives issued by OFAC. Piazze read this Notice carefully.
The Office of Foreign Assets Control(OFAC)adminislem and enforces sanctions policy,based on presidential declarations of'national emergency'. OFAC has identified and listed
numerous foreign agents,front orgardZadons.terrorists,terrorist organizations,and narcotics traffickers as SpecLaly Designated Nationals and Blocked Persons. This list can be
located on the United States Treasurys websits—filluslhvww,treasury.00viresourca<entorlsarclionslSON-List.
In accordance with OFAC regulations,if it n determined that you or any other person or entity claiming the benefits of any coverage has violated U.S.sanewns law or is a Specialty
Designated National and Blocked Person.as identified by OFAC,any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are
immediately subject to OFAC. When a surety bond or other form of surely coverage is considered to be such a blocked or frozen contract,no payments nor premium refunds may be
made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are Void.
Surety Claims Submission:LexonClaimAdministration&ompo4nilcom
Talsphone:615-653-0500 Yawing Address:Eomrpo trrMmational;12M Labsnon Road;Mount Juliet,YN 311224870
THE FINAL PREMIUM IS kxccuuA in Two(2)Original Ctwnrcrparts
PREDICATED ON THE
FINAL CONTRACT AMOUNT
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. EACX4038913
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah ("City") has awarded to San Francisco Roofing Services,Inc.("Contractor/Principal") a
contract (City Agreement No. COU 2324-090, dated August 17th , 2023 , referred to as the
"Agreement") for the work described as " The Agreement is incorporated by this
reference into this Payment Bond("Bond"); and
'Grace Hudson Museum Roof Replacement,Specification No. 23-05
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 San Francisco Roofing Services, Inc. the undersigned
Contractor/Principal,and Enduranm Pesurance corporation {"Surety"),a corporation}organized and existing under the laws
of the State of Delaware , 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 o $450A00.00 ,for which payment
will and truly be made,we bind ourselves,our heirs,executors and administrators,successors and assigns,jointly
and severalty,firmly by these presents.
"Four Hundred Fifty Thousand and 00/100 Dollars
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
worts 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 fad 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 attomeys'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 modifcation 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 shal 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,
induding but not limited to the provisions of section 2819 and 2845 of the Cahfomia Civil Code.
(00245263.11 74 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
Any notice to Surety maybe given in the manner specified in the Agreement and delivered or transmitted to Surety
as Wows:
Attn. Marc Henry
Address: 725 S. Figueroa Street, Suite 2100
City/State/bp: Los Angeles, CA 90017
Phone: (213)270-7000
Fax: NIA
Email: mhenry@sompo-in#Isom
IN WITNESS WHEREO,two identical counterparts of this Bond,each of which shalt for all purposes be deemed an
original thereof, have been duly executed by Contractor/Principal and Surety above named, on the 22nd day of
August , 2023 .
San Francisco Roofing Services, Inc. (SEAL)
Contractor/Principal
By
a.
v tractor's Repres ative
I� WUC-L RV rLR a
2115 Jennings Street _
Contractor/Principal's Address
San Francisco, CA 94124
City,State,Zip
Endurance Assurance Corporation (SEAL)
Surety
By
Surety's epresentative eniamin Wolfe,Attomey-in-Fact
725 S. Fi ueroa Street Suite 2100
Surety's Address
Los Angeles, CA 90017
City,State,Zip
213 270-7000
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.
(00245263.1) 75 Spec No.23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento ----�
On AUG 2 2 2023 before me, Chelsea Liberatore, Notary Public
(insert name and title of the officer)
personally appeared Benjamin Wolfe
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.
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
CHELSEA LIBERATORE
Notary Public•California
Sacramento county
Commission X 2444570
Comm.Expires apt 17,2027
Signature (seal)
Bond No.EACX4038913
SOMPO INTERNATIONAL POWER OF ATTORNEY
4381
KNOW ALL BY THESE PRESENTS. that Enduance Assurance Corporation, a Delaware cotporation. Endurance American Insurance Company. a Delaware
corporation Lexon insurance Company,a Texas oorporaboo and/or Bond Safeguard Insurance Company,a Soub Dakota corporation,each,a'Company`and
collectively.'Sompo Irrtemalfonal;do hereby constitute and appoint:Daniel Huckabay,Arturo Ayala,Dwight Reidy,Frank Moroni,Ben Soong,Michael D.Stong,
Shaunna Rozelle Ostrom,Benjamin Wolfe,Chelsea Liberatore,Adrian Langrell as true and lawful Attomey(sylnfact to make,execute,seal.and deliver for,and on
its behalf as surety or co-surety:bards and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,
agreements waivers consents or stipulations relating to such bonds or undertakings provided.however. that no single bond or undertaking so made•executed and
delivered shelf obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Mllfion Dollars(f100,000,000.00).
Such bonds and undertakings for said purposes when duly executed by said atlorney(s}in-fact,shal be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment Is made under and by autttodty of certain resolutions adopted by the sole shareholder of each Company by unanimous written cow effoctrve(the 16r'
day of June 2019.a copy of which appears below under the heading entitled"Certificate
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by The sole shareholder of each Company by
unanimous written consent effective the 15"day of June,2019 and said resolution has not since been revoked,amended or repealed:
RESOLVED,that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto
by facsimile,and any such power of attorney or certificate bearing such farsirnile signature orseal shalt be valid and binding upon the Company in the future with inspect
to any bond or undertaking to which it's attached.
IN WITNESS WHEREOF,each Company has caused[his instrument to be signed by the folowing officers,and its corporate seat to be affixed this 151"day of
June,2019.
End ranee Assurance Corporal) _ Endurance American Lexon Insurance Company Bond Safeguard
y �t.r �• By�In u � ��J gy �C�[ M r BYt ��lpa f
for Counnssel fiichatd A I Seni�au 1 Ft a Pi, for ou 1
ichard Appeli.$Ml .&$nior Counsel Richard Appr ;SiMR"f ppe, Appalr,,SV�4.en
'sulance'% i.08 nee`' Eerwca
fr40�OPppq,�f ab 6'P06i9^�Jn� 4�ro,wt� A 40• SOUTH ••'i
o! s c01i�: SEAL :cz SEAL sT DAKOTA 'r'
t` 2002 1996 lt�s c(ftmNCE
f)F].AVYISRE: s 3A,OElAWAFt: '�i •;�*a.�}e �.�°''•.. ...-..'
3J1•. J�
{Is"•y ACKNOWLEDGEMENT •°r+ "'%p,.,MaM �'
On this 15e day of June,2019.before me,personally came the above signatories known to me who being duly swam,did depose and say that hehhe J%glpoer of each
of the Companies:and that he executed said instrument on behalf of each Company by authority of his affic under by of each Cotnpn, •••.
a
_ r{.uxrrY
Awry aylor,No ublic My Commission EpYire•'.3(W3 7,'�x
CERTIFICATE "+a,k.sa."`
I,the undersigned Officer of each Company.DO HEREBY CER nFY that:
1.That the original power of attorney of which the foregoing is a copy was duty executed on behalf of each Company and has not since been revoked amended or
modified;that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original
powerof attorney and of the whole thereon,
2.The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said
resolutions have not since been revoked,amended or modified:
'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and delver for and on behalf of the Company any and al bonds.
undertakings or obligations in surely or co•surety with others: RICHARD M.APPEL,BRfAN J.BEGGS.CHRISTOPHER DONELAN,SHARON L.SIMS.
CHRISTOPHE;R L.SPARRO,MARIANNE L.WILBERT
and be it further
RESOLVED,that each of the individuals named above is authorized to appoint atlomeys-intact for the purpose of niakng,executing,sealing and delivering bonds,
undertakings or obligations in surety or Co-surety for and on behalf of the Company."
3.The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of this whole thereof-
IN WITNESS WHEREOF.I have hereunto set my hand and affixed One corporate seal this 22nd day of All ust 2023 ,
By-
Da S. tart'
NOTICE: U.S.TRF IMBY DEPARTMENTS OFFICE OF FORMN ASSETS G=RQL{OFACI
No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information
concerning possible Impact on your surety coverage due fo directives rssued by OFAC Please read this Notice carefully.
The Office of Foreign Assets Control fOFAC)administers and enforces sanctions policy.based on Presidential declarations of national emergency- OFAC has identified and listed
numerous foreign agents,front organizations,terrorists,terrorist organizations.and narcotics traf kkM as'SpeGally Designated Nationals and Blocked Persons'. This ILst can be
located on the United States Treasury's webslo•-hllus.11vnyw.treasurynovfresouroecentedsanctionslSDN List.
In accordance with OFAC regulations,it d is determined that you or any other person or entity c!e mxhg the benefits of any coverage has violated V.S.sanctions law or is a Specially
Designated National and Blocked Person,as identified by OFAC,any coverage wig be considered a blocked or'row contract and of provisions of any coverage provided are
immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a Mocked or frozen contract,no payments nor premium refunds may be
made without authorization from OFAC. Other lire talons on the premiums and payments may also apply.
Any reproductions are.void.
Surety Cbinns 3u1 mission:LIxoncialmAdenin,stratlon@r sompo4nllxom
Telephone:415.6534500 Melling Address:S*erpo brlemstlonal;12E90 Lebanon Road:Mounrt JudN,TN 37122-UIC