HomeMy WebLinkAboutGhilotti Construction Company, Inc. 2023-04-21 COU 2223-197
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
DOWNTOWN STREETSCAPE,ROAD DIET AND UTILITIES PROJECT-Phase II
Specification No.21-01
THIS AGREEMENT, made this 21st day of April ,2023, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and Ghilotti Construction Co., 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 bylaw 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
325 WORKING days. Contract days shall be counted starting with the 1 Oth 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.
Article ll. 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
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 218 Spec No.21 01
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work,as herein specked;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.
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
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 219 Spec No.21-01
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.
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
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 220 Spec No.21-01
t
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 t
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: —
CITY'OF UKIA
Attest: ;' ty
FITIYC&L;RK,C�ITY OF U K I A H
By:
f CO TRACTOR it i CLa Ulto�o�N01 S i C1 `
� ll
Attest: —
Title:
The foregoing ntract is approved as to form and legality this day of , 2D .
RNEY, CITY O UKIAH
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 221 Spec No.21-01
G H I L 0 T T I
Since 1914
ADO YEA�
GHILOTTI CONSTRUCTION COMPANY, INC.
CORPORATE RESOLUTION TO EXECUTE CONTRACTS
WHEREAS, the Board of Directors (the "Board") of Ghilotti Construction
Company, Inc., a California corporation (the "Corporation") deem it desirable and in the
best interests of the Corporation to authorize the following Officers of the Corporation
for the purpose of executing in the name of the Corporation, all bid documents, contract
documents and contract bonds: Richard W. Ghilotti, Chief Executive Officer; Brian W.
Ongaro, President and Secretary; Ali Yazdi, Executive Vice President of Public Works
and Chief Operating Officer; Irving 1'. Huie, Chief Financial Officer and Treasurer; and
Thomas Smith, Vice President of Estimating.
NOW, THEREFORE, BE IT RESOLVED, that the Directors hereby approve
and appoint Richard W. Ghilotti, Chief Executive Officer; Brian W. Ongaro, President
and Secretary; Ali Yazdi, Executive Vice President of Public Works and Chief Operating
Officer; Irving T. I luie, Chief Financial Officer and Treasurer; and Thomas Smith, Vice
President of Estimating for the purpose of executing in the name of the Corporation, all
bid documents, contract documents and contract bonds.
RESOLVED FURTHER, that any and all actions taken by Richard W. Ghilotti,
Brian W. Ongaro, Ali Yazdi, Irving T. Huie and Thomas Smith in executing said bid
documents and Bidder's Bonds be, and they hereby are, ratified and approved, and all
such Proposals and all such contracts and bonds and documents are hereby adopted as
binding obligations of the Corporation.
Secretary's Certification
The Secretary of the Corporation hereby certifies that he is the duly elected and
qualified Secretary of the Corporation and certifies that the above is a true and correct
record of a Board resolution that was duly adopted by the Corporation's Board of
Directors at a special meeting, which was duly and regularly called and held in all
respects as required by law and by the Corporation's bylaws, and which was held on July
15, 2021.
IN WITNESS WHEREOF, I have hereto set my hand as such Secretary and
affixed the co orate seal of the said Corporation, this 151h day of July, 2021.
By:
Brian ngaro, Secretary
— Engineering Contractor —
246 GHILO"AVENUE•SANTA ROSA,CA 95407.707-585-1221 •FAX;707-585-0129
www.ghilotti.com
STATE CONTRACTORS LICENSE#644515
r
Bond#070220081
Premium is for Contract Term Premium$44,851.00
and is Subject to Adjustment Executed in Duplicate
Based on Final Contract Price.
CITY OF UKIAH
Mendocino County,California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Ghilotti Construction Company,Inc.
AS PRINCIPAL,and
Liberty Mutual Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City",in the penal sum of
Nine Million Eight Hundred Thirty Five Thousand Four Hundred Forty Five 8 751100 dollars($ 9,835,445.75 )
for the payment of which sum we bind ourselves,our heirs,executors,administrators,and successors,jointly and
severally.
WHEREAS,the Principal has entered into a certain Contract with the City,dated April 21 ,20 23
a copy of which is hereto attached and made a part hereof,
NOW,THEREFORE,the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof,during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides,and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorneys fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sates and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract,then this obligation shall be void;otherwise,it shall remain in full force and effect.No
modification of the Contract or extension of the term thereof,nor any forbearance on the part of the City shall in any
way release the Principal or the Surely from liability hereunder. Notice to the Surety of any such modification,
extension,or forbearance is hereby waived,
IN WITNESS WHEREOF,the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto,this 24th day of April .20 23
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 223 Spec No.21-Ot
Ghilotti Construction Company.Inc.
WITNESS: Sirl aA
Corporate Principal)
246 Ghilotti Avenue
(Business Address)
Santa Rosa,CA 95407
(CilylState?Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(CitylSlatelZip Code)
ty Mutual Ins ance Co ny
ATTEST: (See Attached)
ZA (/I Affix
(Corporate Surety Corporate
Julie A. Shiroma_Attorney-In-Fact Seat
175 Berkeley Street
(Business Address)
Boston.MA 02116
$8.86 F rst $500.000 (CitylState0p Code)
$5.51 Next$2,000.000
$4.33 Next$2.500.000
$4.03 Next S2.500.000
The rate of premium on this bond is$$3 64 over 57.500.000 per thousand.
The total amount of premium charges is$ 44,851,00
(The above is to be filled in by Surety Company).(Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I. �Q +
cLx0 `�`—` ,certify that I am the_ P+'�fc{d,
Se retary o the j corporation named as Princ pal in the foregoing bond: that
who signed the said bond on behalf of the Principal,was then
of said corporation,that I know his signature,and that his
signature thereto is genuine;and that said bon was duly signed.sealed,and attested to for and in behalf of said
corporation by authority of its governing
Affix Corporate Seal
DOWNTOWN STREETSCAPE PROJECT i-x�
PHASE 11 224 Spec No.21A1
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 April 24, 2023 before me. K. Hanley, Notary Public
(insert name and title of the officer)
personally appeared Julie A. Shiroma
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.
K.14ANL EY
` Notary PubIiC•California
k may! Placer County
commission 7 2384942
Signature (Seat) `'',My Coma..Expires vov 30.2025
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except In the manner and to the extent herein stated.
LibertyLiberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No:8208536-977442
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casually Insurance Company is a corporation duty organized under the laws of the Stale of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts,and West American Insurance Company is a corporation duly organized
under the lairs of the Slate of Indiana(herein collectivelycalled the'Companies'I.pursuant to and by authority here It set forth,does hereby name,constitute and appoint. Alexis
Estrada,Cunis A.Bowden,Dona Lisa BNSChmann.Ed Ward D.Johnson,J.Suschmann,Julie A Shhroma,K Hanley,Kathy Rangel,Lisa Wilson,Maggie Bender-
Johnson,Robert D.Laux
all of the city of Roseville stale of CA each individually J there be more than one named,its true and lawful attorney-in-fad to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed.any and all undertakings.bonds,recognizanoes and other suretyoblgaticns,in pursuance
of these presents and shall be as binding upon the Companies as ff they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21d day of August 2022
Stu) tY INS tNsu Liberty Mutual InsuranceCompamy
P' b� d Rq The Ohio Casualty Insurance Company
n� �J�`°pP°q,lff4 yam `°PPOR�Jo�fi WesIAmerican Insurance Company
a 1912 0 0 1919 tu 1991
y tG�a+�cnus�'aD ��w•„P'�aD� 18, An,►M� da Nu
By: 'TI
r�o David M.Carey.Assistant Secretary
m State ol PENNSYLVANIA
m� County ofMONTGOMERY ss N
o 0 On this 21d day of August 2022 before me personally appeared David M.Carey who acknowledged himself lobe the Assistant Secretary of Liberty Mutual Insurance n3 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do.execute the foregoing instrument for the purposes
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �y
�Co
o IN WITNESS WHEREOF,I have hereunto subscribed my name and all xed my notarial seal at Plymouth Meeting.Pennsylvania.on the day and year first above written. Q
ow �J
51* ras>
� µnriirt F� Cmaaoirweath d PannsyNanla-Ndsry Seal
'" Mg4g0i.,ery Caunly
p N OF rhy mrvnssane-Wes Ma"U 28,2025 B /t.(4.S✓'
C N r� C WAM A mbei 1 o7W44 y'oin - -
ej Z: y `p�m14 �c, Memner Pemsytiary assowian co Nplanea Teresa Paslela,Notary Publ C
C w '4"qv r
C This Power of Attorney is made and executed pursuant to and authorit of the following By-laws and Authonzalons of The Ohio Casuals Insurance Company, N
y p by y rig y y early,Liberty Mutual Insurance cQ
0 Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
O coARTICLE IV-OFFICERS:Section 12.Power of Attorney. �p
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to Bich limitation as the Chairman or the President
may prescribe,shall appoint such allorneys-in-lad,as may be necessary to act in behalf of the Caporaticm to make,execute,seal,acknowledge and deliver as surety any and all �t
Cundertakings.bonds,recognizanoes and other surely obligations.Such altorneys-m-facl,subled b the imitations set forth in their respective powers of attorney,shall have full ty
o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seat of the Corporation When so executed,such instruments shall
Z V be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-indact under the provisions of INS
iodide may be revoked at any lime by the Board,the Chairman.the President or by the officer or officers granting such power or authority
ARTICLE XIII-Execution of Contracts:Section 5 Surety Bands and Undertakings
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe
shall appoint such atlomeys-in-fact,as may be necessary to ad in behalf of the Company to make.execute seal,acknowledge and deliver as surety any and all undertakings.
bonds,recognizances and other surety obligations.Such attomeys-n•lact subject to the Imitations set forth or their respective powers of atlomey,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as bind ng as it
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company.authorizes David M Carey.Assistant Secretary to appoint such attomeys-in-
fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety
obligations.
Authorisation-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mecharucaly reproduced signature of any assistant secretary of the
Company,wherever appearing upon a Certified copy of any pourer of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as tough manually affixed.
1,Renee C.Llewellyn,the undersigned,Assistant Secretary.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing Is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full lace and effect and
has not been revoked,
IN TESTIMONY WHEREOF.;have hereunto Sot my hand and affixed the seals of said Companies this lath day of April 2023 .
hKSU,p oil INSV d %Hsu.
�JP°°avo4�T a4C gJPc.°0.voyef 'Y VP c°�O�rRtiP
3 `'o m ue 3 Fo w
1912 r+ c }1919` o a 1991
3 d'•c as�aD Zp�"N�cur+aDi 1S h°!aM" yD� By.Renee C.Uewd Assistant Secret
a�7 .J �'Ht • }•a 3M • ti� yin. cry
LMSh2a73 LVI C r3CIC WAIL Mµl!i Co 02r2h
Premium is for Contract Term Bond#070220081
and is Subject to Adjustment Premium Included
Based on Final Contract Price. Executed in Duplicate
CITY OF UKIAH
Mendocino County,California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS.
That we the undersigned, Ghilotti Construction Company, Inc.
AS PRINCIPAL,and
Liberty Mutual Insurance Company
AS SURETY.
are held firmly bound unto THE CITY OF UKIAH,hereinafter called the"City"in the penal sum of
Nine Million Eight Hundred Thirty Five Thousand Four Hundred
Forty Five&75l100----............---------------------------------------- dollars(S 9,835,445.75 )
for the payment of which sum we bind ourselves,our heirs,executors,administrators,and successors,jointly and
severally.
WHEREAS,the Principal has entered into a certain Contract with the City,dated Apnl 21 .2023
a copy of which is hereto attached and made a part hereof,
NOW,THEREFORE,the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duty authorized modifications thereof,during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides,and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorneys fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle tees required for commercial motor vehicles used in connection with the
performance of the Contract,then this obligation shall be void;otherwise,it shall remain in full force and effect.No
modification of the Contract or extension of the term thereof,nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension,or forbearance is hereby waived.
IN WITNESS WHEREOF,the aforesaid Principal and Surely have executed this instrument and affixed their seals
hereto, this 24th day of April ,20 23
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(CitylStatelZip Code)
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 225 Sper.No 21-01
WITNE r Ghilotti C truct' Company.Inc.
M
Sl�AL)
( pora a Principal)
246 Ghilotti Avenue
(Business Address)
Santa Rosa,CA WOW
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/State/Zip Code)
Li eA Mut al Insu ce Com-apy ti
ATTEST: (See Attached)
(Corporate Surety) Corporate
Julie A.Shiroma,Attorney-In-Fact Seal
175 Berkeley Street
(Business Address)
Boston,MA 02116
(City/State/Zip Code)
The rate of premium on this bond Is$Included in Performance Bond per thousand.
The total amount of premium charges is$ Included in Performance Bond
(The above is to be filled in by Surety Company).(Power of Attorney of person signing for Surety Company must be
attached),
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
QI, ,certify that I am the �i�5!`�`C''`f` (A. t
Secr ry of th corporation named as Principal in the foregoing bond: that
who signed the said bond on behalf of the Principal,was then
of said corporation;that I know his signature,and that his-
signature thereto is genuine;and that said bond 1,Ays duly signed,sealed,and attested to for and in behalf of said
corporation by authority of its gover ' dy.
Affix Corporate Seal
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 7fi Spec No.21-01
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 slate and affix a scroll or adhesive seal following the
corporate name,
6. The official character and authority of the person(s)executing the bond for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the officer
signing,duly certified by the Secretary or Assistant Secretary,under the corporate seal,to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond,
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.
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 227 Spec No 21-01
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 April 24, 2023 before me, K. Hanley, Notary Public
(insert name and title of the officer)
personally appeared Julie A. Shiroma
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
•,h K.HANE_EY
rotary Public-California
_ P aver County
Commission 4 2384942
Signature {Seal) �_� `�y Comm'Expires Vov 30,2025
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except In the manner and to the extent herein stated.
L�17e Liberty Mutual Insurance Company
Mutual. The Ohio Casually Insurance Company Certificate W.8208535-977442
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under[he laws of the Slate of New Hampshire,that
liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana therein cdlectivelycalled the'Companies'j,pursuant to and by authority herein set forth,does hereby name,constitule and appoint, Alexis
Estrada,Curtis A.Bowden,Dona Lisa Bmschmann,Edward D.Johnson,J.Buschnlann,Julie A Shiroaha,K Hanle Kathy Rangel,Lisa Wilson,Maggie Bender-
Johnson,Robert D.La1Lx — k ---�
all of the dry of Roseville state of CA each individually if there be more than one named,its true and lawful arrorney-in-fac to make•
execute,seal,acknowledge and deliver,for and on its behalf as surety and as is act and deed.any and an undertakings,bonds,reeognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 2rd day of AuEust , 2022
1NSU Liberty Mutual Insurance Company
P1,S'1 INs� a 1N5UR4 The Ohio Casually Insurance Company
„J `paroq�rFyn yJ�eaPoq�rf' �P3`Qavogere/yR West American Insurance Company
S 3 0 >n Y 3 o n
vi �1912ryo 0 1919 1991 0
r P y-s QV O d
ry d.)1 ed4CXUe�dD; ° N4Mp0�di'� YT h01, al� •dad r / •Ga
��7 • ti� �yf 1N ''M • to By. / C
M David M.Carey,Assistant Secretary
a co Stale ofPENNSYLVANIA ss
N&County ofMONTGOMERY
On Ihis 2nd August da of 2022 before me
y b personally appeared David M.Carey.who acknowledged himself to be the Assistant Seaelaryof Liberty Mutual Insurance
io Company,The Ohio Casually Company,and West American Insurance Company,and that he,as such,being authorized so to do.execute the foregoing instrument for the purposes —
[herein contained by signing on behalf of the corporations by himself as a dutyauthorized officer. ri
Nri
--n IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written.
Me PA
�.N
4�y 010NB.srEe CMm.Mwairm es Perunywarlla-Notary Sear
}y Teresa Pasleb.Hoary Public �
Q...N
OF MomMsw^79a^nY County My cgc� E
My oorn expires March 28.2025 By;
C j4 +�, ♦ COMCMAMAoreber I I2W4
Iv m T gy�vp��o Memos Pem,ywaru Aew Wnot Nor % chess Pasleda.Nalary Public
v This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty nsurance Company.Liberty Mulual Insurance aQ
E•G Company,and West American Insurance Co mpanywhich resolutions are now in full force and effect reading as follows:
ro ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
0 Any officer or other official of the Corporation authorized for[hat purpose in writing by the Chairman or[he President•and subject to such limitalbn as the Chairman or the President
2 may prescribe,shall appoint such attorneys-in-fact.as may be necessary to actin behall o1 the Corporation to make execute,seal.acknowledge and deliver as surely any and all
undertakings,bonds,recognizanoes and other surety obligations.Such atlorneys•in-fact,subject to the limitations set forth In their respective powers of attorney,shall have full r3
o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed,such Instruments shall lk
Z U be as binding as it signed by the President and attested to by the Secretary.Any power or authority granted to any representative or allorney-in-fact under the provisions of this idHi
article may be revoked at any time by the Board,the Chairman,N President or by the officer or officers granting such power or authority.
ARTICLE Of-Execution of Contracts:Section 5.Surety Bands and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe.
shall appoint such altomeys-in-fact,as may be necessary to ad in behalf of the Company to make,execute,seal acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such anomeys-in-fact subject to the imilalions set forth in[heu respective powers of attorney shall have full power to bind The
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such Instruments shall be as binding as if
Signed by the president and arrested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey.Assistant Secretary to appoint such allorneys4n-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknrnNedge and deliver as surety any and all undertakings.bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any paver of attorney issued by the Company in connection with surety bonds,shad be valid and binding upon the Company with
the same force and effect as though manually affixed.
1,Renee C.Llewellyn,the undersigned.Assistant Secretary,The Ohio Casualty Insurance Company,liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of anomey of which the foregoing is a full,true and cared copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I hava hereunto set my hand and affixed the seals of said Companies this 241h day of April 2023
P4+INSU# P'0 INSV a +NSUR9
1J 400.POJ�r�.'Y� hJ 4e0.PO4.4 GP 40RP0 yC
> > o r Y to
y . 1912 h u uo 1919 n 1991 in
YddPe', eohu° aD y°;�'NAYP4� aO rs��aaA,,.Nda By Renee C.Llewellyn.Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02121
t
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on April 21 20 23 , by
and between the City of Ukiah (Ukiah)and 1i, ti � + i s�.} ~_,} . t ,C.Y, ,.. 1 _ (Contractor).
Contractor is
performing work in support for the Downtown Streetscape, Road Diet and Utility Project-Phase 11, Spec 21-01
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: ss1rlOV) P—Y-!2
DOWNTOWN STREETSCAPE PROJECT
PHASE 11 222 Spec No.21-01