HomeMy WebLinkAboutGhilotti Construction Company, Inc. 2024-03-07 COU No. 2324-170
CITY OF UKIAH
Mendocino County,California
AGREEMENT
FOR
URBAN CORE REHABILITATION
Specification No. 23-07
THIS AGREEMENT, made this 7th day of March 20 24 ,by and between the City of Ukiah,
Mendocino County,California, hereinafter called the City and Ghilotti Construction Company,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
300 WORKING days,Contract days shall be counted starting with the 10th day following receipt of notice that the
contract has been executed by the City. Contractor,at his or her option,may begin work prior to start of counting
contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at
least 72 hours prior to the start of work,without obtaining an encroachment permit from the City,or without having
submitted certificates of insurance that have been accepted and approved by the Engineer
Article Il. 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
URBAN CORE REHABILITATION 1 De Spec No.23-07
implements necessary to execute the work contemplated in this contract;for all loss or damage arising out of the
nature of the work or from the action of the elements,or from any unforeseen obstructions or difficulties which may
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work,as herein specified;for all liability and other insurance,for all overhead and other expenses
incident to the work; all according to the Contract Drawings,the Special Provisions, the Details, the instructions
and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code,which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color,national origin or ancestry,or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment
without regard to their race,color,religion,ancestry,or national origin.Such action shall include,but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training,including apprenticeship.The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the awarding
authority setting forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding,a notice,to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment,employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids,for revoking the Contractor's pre-qualification rating,if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
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
URBAN CORE REHABILITATION 10e Spec No.23-07
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 orwill 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
URBAN CORE REHABILITATION lit) Spec No.23-07
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 X7 day of M PLE+ , 20 '-{ .
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
CGT MA E I Y 0 UKIAH
Attest: Ll'� } o-
ITY CLERK, CITY OF UKIAH
By.
CONTRACTOR R-
Attest: �[� •� a
Title: r�SI pi2�
The foregoing contra is approved as to fo nd legality this 9 r day of JOAV c- , 20 .
CITY ATIORNEY, CIT OF 1KIAH
URBAN CORE REHABILITATION 1 Spec No.23-07
r11
IL 0 T T I
Since I914
1 0 A
GHILOTTI CONSTRUCTION COMPANY,INC.
CORPORATE RESOLUTION TO EXECUTE CONTRACTS
WHEREAS, the Board of Directors (the "Board") of Ghilotti Construction
Company, Inc., a California corporation (the "Corporation") deem it desirable and in the
best interests of the Corporation to authorize the following Officers of the Corporation
for the purpose of executing in the name of the Corporation, all bid documents, contract
documents and contract bonds: Richard W. Ghilotti, Chief Executive Officer; Brian W.
Ongaro, President and Secretary; Ali Yazdi, Executive Vice President of Public Works
and Chief Operating Officer; Irving T. Huie, Chief Financial Officer and Treasurer; and
Thomas Smith, Vice President of Estimating.
NOW, THEREFORE, BE IT RESOLVED, that the Directors hereby approve
and appoint Richard W. Ghilotti, Chief Executive Officer; Brian W. Ongaro, President
and Secretary; Ali Yazdi, Executive Vice President of Public Works and Chief Operating
Officer; Irving T. Huie, 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 corpor seal of the said Corporation, this 15'h day of July, 2021.
By:
Brian W. garo, Secretary
— Engineering Contractor —
246 GHILOTTI AVENUE•SANTA ROSA,CA95407.707-585-1221 •FAX:707-585-0129
www.ghilotti.com
STATE CONTRACTORS LICENSE#6 4515
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on March 7 , 2fl 24
by and between the City of Ukiah(Ukiah) and Ghilotti Construction Company, Inc. (Contractor).
Contractor is
performing work as per Specification 23-07 Urban Core Rehabilitation and Transportation Project
for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers,agents,and employees
from and against any claim,loss,or damage,including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order
attached hereto, except for claims, losses,or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY:
zV
TITLE: re.Sld ,.
URBAN CORE REHABILITATION 112 Spec No.23-07
Premium is for Contract Term
and is Subject to Adjustment Bond#070222525
Based on Final Contract Price. Premium$70,770.00
Executed in Duplicate
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Ghfotti Construction Company, Inc
AS PRINCIPAL, and
Liberty Mutual Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City", in the penal sum of
Eleven Million Nine Hundred Forty Three Thousand Nine Hundred
Thirty Six&7511 dollars($ 11,943,936.75 )
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 March 7 120 24
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 attorney's 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 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 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 Surety have executed this instrument and affixed their seals
hereto,this 14th day of March ,20 24
In the presence of;
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)
URBAN CORE REHABILITATION t t 3 Spec No.23-07
WITNESS:
(SEAL)
(Corporate Principal)
(Business Address)
',,4CitylState0p Code)
ATTEST Gh'�thu t' any,Inc,
(Corrorate Principal) Affix
Corporate
Seal
246 Ghilotti Avenue
(Business Address)
Santa Rosa,CA 95407
(City+StatelZlp Code)
Liberty Mutual Insurance Company
ATTEST:
Affix
-� {Corporate Sur�tr� Corporate
Li a Dona Buschmann, rney-In-Fact Seal
175 Berkeley Street
(Business Address)
Boston,MA 02116
(CitylState/Zip Code)
The rate of premium on this bond is$ 12.241$7.4045.871$5.361$4.90 per thousand.
The total amount of premium charges is$ 70,770.00
(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, � � .. ,certify that I am the i 1 t a ' } OA7
Secretaf of 406 corporation named as Principal in the foregoing bond; that
t _#jk4l ,who signed the said band on behalf of the Principal,was then
of said corporation;that I know his signature,and that his
signature hereto is genuine;and that said bond was duly signed,sealed,and attested to for and in behalf of said
corporation by authority of its
Affix Corporate Seal
URBAN CORI=REHABILITATION 114 Spec No.23.07
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 March 14, 2024 before me, Kathy Rangel, Notary Public
(insert name and title of the officer)
personally appeared Dona Lisa Buschmann
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
�Tnr RMGEL
Z; COMM./23"560
If WTARYPUKW OCAWOIIMA
PLACER GOUNN
Comm.6 .FEB.11,2025
Signature (Seat)
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Llberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 6211438-977112
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a toporation duly organized under the 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(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Dona Lisa
Buschmann,Edward D.Johnson,Julie A.Shirunta.Kathy Rangel,Maggie Bender-Johnson,Robert D,La"
all of the city of Roseville slate of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make
execute,seal,acknowledge and delver,for and on its behalf as surety and as its ad and deed,any and at undertakings bonds,recognizances and other surely obligations in pursuance
of these presents and shall be as binding upon the Companies as lf they have been duly signed by the president and attested try the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Atomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 29th day of Fcbruary . 2024
Liberty Mutual Insurance Company
*O esrJq*y Jr01INS& !�%"So *� The Ohio Casualty Insurance Company
West American Insurance Company
a � Eats tad °bin a3 Fe1M1 n /'
1919 � a 1991
rd'��a�tru�" D� s0�Y'k�rM'f�� YS �nuw� aD>! .�• C
c o,T * dp1 • ►� �M • f� By: 3
u` David M.Carey,Assistant Secretary
a co State of PENNSYLVANIA ss
`r CD County of MONTGOMERY
OD On this 29th day of February 2024 before me personalty appeared David M.Carey,who admowledged himself lobe the Assistant Secretary of Liberty Mutual Insurance
re 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 duty authorized officer.
core
� IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,PennsyHania,on the day and year Trsl above written.
C'y
PAST m 0 pH WF( c raft-eemmb OI Poaft*a"•NNVy S
p eal Teresa Pwtemk.r101Bry PubsC /� _
p a; OF MY mm�n es Mac,28.2025 B /�/ fQQ�IIJ/l
y� v M.bar.P ,,�,1�MM— yTeresa Pastela,Notary Public �p�
Re c�
r This Power of Attorney Is made and executed pursuant to and by authority of the icbvring By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance `Y
Ec Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
o ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such Imitation as the Chairman or the President
may prescribe,shall appoint such attomeys•in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all 7tt
W v undertakings,bonds,recognizarim and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attomey,shall have full�C7
t 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 shallaZ U be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the provisions of this 7ffift
article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
ARTICLE X111-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for Ihat 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 arromeys-in-facl,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings.
bonds,recognizamces and other surety obligations.Such atomeys-in-fact subject to the Imitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the swl of the Company.When se executed such instruments shall be as binding as 0
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 attorneys-in-
fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,reeognizances 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 bands,shall be valid and binding upon the Company with
the same forte 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 attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full face and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 14th day of March , 2024 .
JQ� e,R1ti J*boucgSVPyy 4
ay7yo
j3° "on1k+ t3° Eon 43° $ 11+
;191 1919� 0 1991 c By:
Renee C.Llewellyn,Assistant Swelary
LUS-12e73 LMIG OCIC WAIC Muth Qo 02121
Premium is for Contract Term Bond#070222525
and is Subject to Ad,ustment Premium$70,770.00
Based on Final Contract Price. Executed in Duplicate
CITY OF UKIAH
Mendocino County. California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Ghllotti Construction Company, Inc.
AS PRINCIPAL,
and
Liberty Mutual Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH,hereinafter called the"City"in the penal sum of
Eleven Million Nine Hundred Forty Three Thousand Nine
Hundred Thirty Six&751100----------------------- dollars($ 11,943,936.75 )
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 March 7 ,20 24
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 attorney's 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 10 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 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
anyway 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 Surety have executed this instrument and affixed their seals
hereto,this 14th day of March 20 24
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)
URBAN CORE REHABILITATION 115 Spec No.23-07
WITNESS:
(SEAL)
(Corporate Principal)
(Business Address)
(CitylStatelZip Code)
1ATTES Ghi'otti Met o y, Inc.
�^' II(A vr (CorpoiWe Principal) Affix
Corporate
Seal
246 Ghilotli Avenue
(Business Address)
Santa Rosa,CA 95407
(City/State/Zip Code)
ATTEST: Liberty Mutual Insura a Company
Affix
(Corporate Surety) Corporate
Dona Lisa Buschmann,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 per thousand.
The total amount of premium charges is$Included
(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)
certify that I am ther'�St�2 f ��� r �
Secreta of a 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 Iffereto is genuine;and that said bond was duly signed,sealed,and attested to for and in behalf of said
corporation by authority of its yoverY.
Affix Corporate Seal
URBAN CORE REHABILITATION 1 i 6 Spec No.23-07
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers,each member shall execute the bond as an individual and
state his place of residence,
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the
corporate name.
6. The official character and authority of the person(s)executing the bond for the Principal,if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the
officer signing.duly certified by the Secretary or Assistant Secretary,under the corporate seal,to be true
copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
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.
URBAN CORE REHABILITATION 117 Spec No 23-07
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 March 14, 2024 before me, Kathy Rangel, Notary Public
(insert name and title of the officer)
personally appeared Dona Lisa Buschmann
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshelthey 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.
KATHY RARGEL
r COW 023N360
NOTMMMX GOAUFORru
PLACER COUNTY
Comm. .FEB.11.2025
Signature (Seal)
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual The Ohio Casualty Insurance Company Certificate Na 8211438-977442
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casually insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duty organized under the laws of the Stale of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Dona Lisa
Buschmann,Edward D.Johnson,Julie A.Shiroma,Kathy Rangel,Maggie Bender-Johnson,Robert D.Laux
all of the city of Roscvillc state of CA each individually if there be more than one named,its true and lawful aftomey-in•faci to make.
execute seal,acknowledge and delver,for and on its behalf as surety and as its ad and deed,any and all undertakings,bonds,recognizances and other surely obligations.in pursuance
of these presents and shall be as binding upon the Companies as it they have been duly signed by the president and attested by the secretary of the Companies in their awn proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed
thereto this 29th day of February , 2024
Liberty Mutual Insurance Company
r�1wsu p �tY INS& a 1NSUg4 The Ohio Casualty Insurance Company
West American Insurance Company
J 3� °elrk a3 ''o �+ 43 °eth /�
1912 0 1919 a 1991 424,; !
.�f�/'
� djt��a�cHuse jL y�s�NArr►�L�o rf �h°i�x► ifs "�7`/ •G
Biz t }a �Hi • F M , >a By'
to David M.Carey,Assistant Secretary
Slate of PENNSYLVANIA ss
County of MONTGOMERY
oOn this 29th day of February 2024 before me personally appeared David M.Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
r-re 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
0> therein contained by signing on behalf of the corporations by himself as a duty authorized officer.
mre
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.
co
I• S
N O �Q.`o voNwf4��9 Comw sa P r Seri 1�� •�;��
02 OF M,�irnasm expires Marti 2e.2a25 Lri{e w.�e+ /((�lC.(.(.¢J S
L4 a Camaisw rimier 112WU By.,
/
Up".p«„,rt M;,,,�,,,t*nor, Teresa Pasiella,Notary Public �$
N 4Ry
01
C� This Power of Atromey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance
0— Company,and West American Insurance Company which resolutions are now in full force and effect reading as fellows.
a> ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
`o is
Any officer or other official of One Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such Imitation as the Chairman or the President �
ci may Prescribe,shall appoint such altomeys4n-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and delver as surety any and all
undertakings,bards,recognizances and other surety obligations.Such attorneys-in•scl subject to the limitations set forth in their respective powers of attorney,shall have full
power to bird the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall
Z r0i be as landing as if signed by the President and attested to by the Secretary.Any power of authority granted to any representative or altomey-in-facl under the provisions of this }�
article may be revoked at arty time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. l]C 1
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such Imitations as the chairman or the president may prescribe,
shall appoint such atlomeys-in-lact.as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such atlomeys-in-fact subject to the Imitations set forth in their respecfive 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 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 attorneys-in.
fact as may be necessary to ad on behalf of the Company to make,execute,seal.acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and affect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary.The Ohio Casually 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 ful,true and correct copy of the Power of Attorney executed by said Companies,is in full farce and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set myphand and affixed the seals of said Companies this loth day of March 2024
%Nsij
V'�y VP al,roipxr4tin
s3 6m �«
1912 o ;1919 e a 1991 0
Yd'4ya��°NU� cur SO NAM9yr�L YS By.
I. +i� Renee C.Llewellyn,Assistant Secrete
�arT • } �y! • ft� d,N w 1•� Secretary
L MS-12b77 LMIC 0CIC-WA1C M°In Co 07/21