HomeMy WebLinkAboutKirby Construction Company 2024-03-07 COU 2324-169
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
CITY OF UKIAH ELECTRIC SERVICE CENTER
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
Specification No. 24-01
THIS AGREEMENT,made this 7th day of March 2024 ,by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and Kirby 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 to 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
ONE HUNDRED EIGHTY(180)calendar days.Contract days shall be counted starting with the 10th day following
receipt of notice that the contract has been executed by the City. Contractor,at his or her option,may begin work
prior to start of counting contract days, however, in no event shall the Contractor start work without giving
notification to the Engineer at least 72 hours prior to the start of work,without obtaining an encroachment permit
from the City,or without having submitted certificates of insurance that have been accepted and approved by the
Engineer.
COU ELECTRIC SERVICE CENTER 45 Spec No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor,for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other
implements necessary to execute the work contemplated in this contract;for all loss or damage arising out of the
nature of the work or from the action of the elements,or from any unforeseen obstructions or difficulties which may
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work,as herein specified;for all liability and other insurance,for all overhead and other expenses
incident to the work; all according to the Contract Drawings,the Special Provisions,the Details,the instructions
and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code,which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color,national origin or ancestry,or religion of such persons and every contractorfor public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract,the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment
without regard to their race,color, religion,ancestry,or national origin.Such action shall include,but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training,including apprenticeship.The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the awarding
authority setting forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice,to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section,to employees and applicants for employment.
(c) The Contractorwill permit access to his or her records of employment,employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission,City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids,for revoking the Contractor's pre-qualification rating,if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
COU ELECTRIC SERVICE CENTER 49 Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
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 orthe 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.
COU ELECTRIC SERVICE CENTER 47 Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
(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.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Addenda
9. Contract Bonds
10. Contract Drawings and Construction Details
11. Standard Drawings
12, 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 8th day of March 2024
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
7
A C OF UKIA
Attest:
CITY CLERK, CITY OF UKIAH
By: York Saccomanno y Constructions Company Inc.
CONTRA
Attest:
Title: Y S omanno Owner, President, & CEO
The foregoing contra ' pproved as and legality this day of �-h 20 2 .
V 7��-
CITY AALIFKEY, CIfY bF UKAH
COU ELECTRIC SERVICE CENTER 48 Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on March 7 , 2024
by and between the City of Ukiah (Ukiah)and Kirby Construction Company, Inc. (Contractor).
Contractor is
performing work as per Specification No. 24-01 COU Electric Service Center Tenant Improvements
and Fire Damage Repair 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,ordamage, 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:
2noe
a�tsiden
no
TITLE: r, t&CEO
COU ELECTRIC SERVICE CENTER 49 Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No. 57BCSIY2794
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS,the City of Ukiah,organized and oPeratin under the laws of the State of California,(hereinafter
referred to as the''City") has awarded to al�br�i}bv Cnnstniction mpan}'Inc (hereinafter referred to as the
"Contractor")an agreement for Contract No. 24-01 (hereinafter referred to as the"Project").
WHEREAS,the work to be performed by the Contractor Is more particularly set forth in the Contract for the Project
dated March 7,2024 -(hereinafter referred to,together with all attachments and exhibits thereto,as
"Contract Documents'),the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a
bond for the faithful performance of said Contract Documents.
Kirby Constructions Company,Inc.
NOW, THEREFORE, we, dba Kirby Construction the undersigned Contractor and
Hartford Fire Insurance Company,as Surety,a corporation organized and duly authorized to transact business under
the Iws o t�e State of California. are held firmly bound until the City in the sum of
wo Mt ion Faur un red Forty- ix Thowan
Three Hundred Forty and No/IOD--- ($2,446,340.00----------- ), for which amount well and truly to be made, we
bind ourselves, our heirs:executors and administrators, successors and assigns,jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors,
administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform
the covenants,conditions and agreements in the Contract Documents and any alteration thereof made as therein
provided, on its part,to be kept and performed at the time and in the manner therein specified,and in all respects
according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save
harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract
Documents,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees including reasonable attorneys'fees, incurred by the City in
enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents,unless otherwise provided for
in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance
of the work by the City,during which time if Contractor shall fail to make full,complete,and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused by defective materials or
faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract
Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the
Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract
Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the
Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder, the Surety and the City, and make available as work
COU ELECTRIC SERVICE CENTER 50 Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract
price,including other costs and damages for which Surety may be liable.The term"balance of the contract
price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the
Contract and any modification thereto, less any amount previously paid by the City to the Contractor and
any other set offs 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 shall mean the total amount payable to Contractor by the
City under the Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety
in fulfillment of its obligations in the event of default by the Contractor
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for
completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection
to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way
affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
COU ELECTRIC SERVICE CENTER 51 Spec No 24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 8th day of March
2024.
Kirby Constructions Company
(Corporate Seal) dba Kirby Constructiod
Contractor/Prin ' al
By
Title_ LV .
(Corporate Seal) Hartford Fire Insurance Company
Surehe
By
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title ElizLh Collodi,Attorney-in-Fact
The rate of premium on this bond is $10.61 per thousand.The total amount of premium charged is
$25,956.00
Premium is for contract term and is subject to adjustment based on final contract price.
(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) Hartford Fire Insurance Company
One Hartford Plaza
Hartford,CT 06155-0001
(Name and Address of Agent or Amanda Garcia c!o CT Corporation System
Representative for service of process in 330 N.Brand Blvd.,Suite 700
California, if different from above) Glendale,CA 91203
(Telephone number of Surety and Agent (888)266-3488
or Representative for service of process in California)
COU ELECTRIC SERVICE CENTER Q Spec. No.24 01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
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 Butte )
On March 8, 2024 before me, Sara Walliser, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(S)whose name(o is/afe
subscribed to the within instrument and acknowledged to me that Wshe/"executed the same in
kris/her/the*authorized capacity(4e , and that by his/her/th,&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. SAFtAWALUSER
COMM.12449544
IYOTA�W�OF SUM
comm,eqw"JUL 5,My
Signatur al}
Direct Inqufries/Claitns fo:
THE HARTFORD
BOND,T-11
POWER OF ATTORNEY HartfOne Haford
ord,Connectclut06155
Bond.Cla imsiMthehartford.com
call:868-266-3488 or fax-860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: INTF.aWEST INSURANCE SVCS LLC/CHIC0
Agency Code: 5+-]�1 3 67 9
0 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
0 Hanford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company_a corporation duly organized under the laws of the State of Connecticut
O Hartford Underwriters Insurance Company a corporation duly organized under the laws of the State of Connecticut
Q Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
Q Hanford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hanford Insurance Company of the Midwest. a corporation duly organized under the laws of the State of Indiana
Hanford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
uptotheamountof Unlimited :
Cassandra Medina, Brad Espinosa, Renee Ramsey, Sara Walliser-, Breanna Boatrigh',
Tony Clark, Elizabeth Collodi, Matthew Foster, John Hopkins, Kathleen Le, Jason
March, Deanna Quintero, Bill Rapp, Sharon Smith, John Weber of CHICO, California;
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as
delineated above by ®, and to execute, seal and acknow'edge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant
Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
J �� _,5.� Mw/ �+sic+► tY7o � +ays a t�71
Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President
STATE OF FLORIDA
ss. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May,2021,before me personally came Joelle La Pierre to me known,who being by me duly sworn,did depose and say:that
(s)he resides in Seminole County,State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals,
that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority.
♦h0tr FV
V ��P?� Jessica Ciccone
% Or jcQ;•', My Commission HH t2,780
Expires June 20.2025
I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of March 8, 2024
Signed and sealed in Lake Mary,Florida.
(DOC)
ct -)
Keith D.Dozois,Assistant Vice President
L �Pa4ryilF fti9pF
x... HARTFORD FIRE INSURANCE COMPANY
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CITY OF UKIAH
Mendocino County. California
PAYMENT BOND
BOND No. 57BCSIY2794
KNOW ALL PERSONS BY THESE PRESENTS:
Kirby Constructions Company,Inc.
WHEREAS, the City of Ukiah ("City") has awarded to dba Kirby Construction ("Contractor/Principal") a
contract (City Agreement No. 24-01 , dated March 7 , 2024 , referred to as the
"Agreement") for the work described as -tn Se ter e m The Agreement is incorporated by this
reference into this Payment Bond ("Bond"), and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to
California Civil Code section 9550;
NOW, THEREFORE, we Kirby Constructions Company.Inc.dba Kirby Construction , the undersigned
Contractor/Principal, and Hanford Fire Insurance Company("Surety"), a corporation organized and existing under the
laws of the State of Connecticut , and duly authorized to transact business under the laws of the
State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or
corporations entitled by law to file stop payment notices under California Civil Code Section 9100,or any person,
company,or corporation entitled to make a claim on this bond,in the sum of$2,446,340.00------------------ ,for
which payment will and truly be made,we bind ourselves,our heirs,executors and administrators,successors and
assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal,its heirs,executors,administrators,
successors,or assigns,or subcontractor,shall fail to pay any person or persons named in Civil Code section 9100;
or fail to pay for any materials, provisions, or other supplies, used in, upon,for, or about the performance of the
work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code,with respect to work or labor thereon of any kind;or shall fail to deduct,withhold,
and pay over to the Employment Development Department, any amounts required to be deducted,withheld,and
paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind,
then Surety will pay for the same,in an amount not exceeding the amount herein above set forth,and in the event
suit is brought upon this bond,also will pay such reasonable attorneys'fees as shall be fixed by the court,awarded
and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the
obligation of the bond by any change,extension of time for performance,addition,alteration or modification in,to,
or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment
therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or
relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted
rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond
attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or
agreement or under the bond;nor by any fraud practiced by any person other than the claimant seeking to recover
on the bond;and that this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is give;and under no circumstances shall the Surety be released from liability to those for whose
benefit such bond has been given, by reason of any breach of contract between the Owner and
Contractor/Principal or on the part of any oblige named in such bond;that the sole condition of recovery shall be
that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full
amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time,
addition,alteration or modification herein mentioned,including but not limited to the provisions of section 2819 and
2845 of the California Civil Code.
COU ELECTRIC SERVICE CENTER 53 Spec No 24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
Any notice to Surety maybe given in the manner specified in the Agreement and delivered or transmitted to Surety
as follows:
Attn: Hartford Fire Insurance Company
Address: One Hartford Plaza
City/State/Zip: Hartford,CT 06155-0001
Phone; (888)266-3488
Fax: (860)757-5835
Email- Bond.Claims@thehartford.com
IN WITNESS WHEREO,two identical counterparts of this Bond,each of which shall for all purposes be deemed an
original thereof, have been duly executed by Contractor/Phncipal and Surety above named, on the 8th day of
March . 202 4
Kirby Constructions Company, Inc.
dba Kirby Construction (SEAL)
Contractor/Principal
By
ontr s Representative
25 Wa venue
Contractor/Principal's Address
Santa Rosa,CA 95404
City,State,Zip
Hartford Fire Insurance Company (SEAL)
Suret
By
tY's presentative
Eliz a Col OT,Attorney-in-Fact
One Hart d Plaza
Surety's Address
Hartford,CT 06155-0001
City,State,Zip
(888)266-3488
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.
COU ELECTRIC SERVICE CENTER sa Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
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.
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.
a. 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.
COU ELECTRIC SERVICE CENTER 55 Spec.No.24-01
TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
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 Butte }
On March 8. 2024 before me, Sara Walliser, Notary Public
(insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/a;e
subscribed to the within instrument and acknowledged to me that he/she/"executed the same in
hie/her/44&authorized capacity(ies}and that by 4is/her/V%W signature(e}on the instrument the
persons*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. SARAWAJAN
InToor ru" A
COMIL P 24.4
ME M
Signature (Seal)
Direct lnquirieVClaims to:
THE HARTFORD
BOND,POWER OF ATTORNEY Hartford,One o Hartford
Bond.Claimsi thehartford.com
call:888-266-3488 or fax.86D-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: INTERWEST INSURANCE SVCS LLCfCHICO
A enc Code: 57-123679
0 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Q Hartford Casualty Insurance Company. a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws ofthe State of Connecticut
0 Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford,Connecticut,(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint,
up to the amount of Unlimited :
Cassandra Medina, Brad Espinosa, Renee Ramsey, Sara Walliser, Breanna Boatright,
Tony Clark, Elizabeth Collodi, Matthew Foster, John Hopkins, Kathleen Le, Jason
March, Deanna Quintero, Bill Rapp, Sharon Smith, John Weber of CHICO, Californ_z
their true and lawful Attorney(s)-in Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof. and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
\�rJ �krwrr,e,er�� _ �rsuM► — 1D79� �7D79 }r � I9T•
Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President
STATE OF FLORIDA
s5. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May,2021,before me personally came Joelle La Pierre,to me known who being by me duly sworn,did depose and say:that
(s)he resides in Seminole County,State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals,
that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority
Jessica Ciccone
fit)Commission HH 122280
Expires June 20.2025
I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of March 8, 2 f;2 4
Signed and sealed in Lake Mary, Florida.
«.uurn,� 4♦at 4
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Keith D.Dozois,Assistant Vice President
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