HomeMy WebLinkAboutReso 2023-027 - Award of emergency construction contract - storm drain pipe Eastside RoadRESOLUTION NO. 2023-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING RATIFYING THE CITY MANAGER AWARD OF AN
EMERGENCY CONSTRUCTION CONTRACT TO REPAIR AND
REPLACE DAMAGED STORM DRAIN PIPE UNDER EASTSIDE
ROAD
WHEREAS, Public Contract Code section 22050 and Redding Municipal Code
4.2 2.12 0 (A) _provide that, in the case of emergency, a public agency may repair or replace a
public facility, take any directly related and immediate action required by that emergency, and
procure the necessary equipment, services, and supplies for those purposes without giving notice
for bids to let contracts; and
WHEREAS, on or about March 17, 2023, staff was made aware that the storm water
conveyance system under Eastside Road failed and is causing significant erosion and
undermining of the roadway; and
WHEREAS, the roadway carries significant truck traffic, is adjacent to the Union Pacific Railroad
tracks, and contains two natural gas pipelines within the roadway section; and
WHEREAS, a competitive solicitation for bids will delay the repairs needed to prevent further
damage to the roadway, rupture of the natural gas pipelines, flooding of the adjacent roadways,
and restore unimpeded traffic flow along Eastside Road; and
WHEREAS, failure of the storm water conveyance system and/or the natural gas pipelines would
threaten the safety and property of persons nearby; and
WHEREAS, isolation of the impacted area so that the delay due to competitive bidding could be
accommodated would not mitigate or eliminate the threat to persons and property;
NOW, THEREFORE, BE IT RESOLVED THAT:
The City Council of the City of Redding finds that the recitals set forth above are true
and correct and are hereby adopted as findings of fact.
2. The public interest and necessity require the immediate expenditure of public money
to restore the storm water conveyance system to full capacity, protect the public health,
safety and welfare, and prevent further damage to the roadway and adjacent natural gas
lines or flooding of the adjacent roadways.
3. The emergency conditions set forth herein will not permit a delay resulting from a
competitive solicitation for bids and immediate action is necessary to respond to the
emergency.
4. The City Council of the City of Redding therefore ratifies the City Manager's award
of an emergency construction contract to repair the storm drain system and roadway along
Eastside Road.
5. The action authorized herein shall be reviewed by the City Council at all regular meetings
of the Council until such time as the City Council determines that the emergency is abated.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a special
meeting of the City Council on the 21 st day of March, 2023, by the following vote:
AYES: COUNCIL MEMBERS: Audette, Mezzano, Munns, Winter, and Dacquisto
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
AiPAEJLA MIZE, City Clerk
r
)�--L 0��-
MICHAEL DACQUISTO, Mayor
FORM APPROVED:
BARRY E. D AL ity Atto ey
PAMELA MIZE, CITY CLERK
SHARLENE TIPTON, ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
N & T Digmore, Inc.
1525 Tahoe Court
Redding, CA 96003
CITY OF REDDING
777 Cypress Avenue, Redding, CA 96001
PO BOX 496071, Redding, CA 96049-6071
cityofredding.org
March 27, 2023
RE: Public Work Agreement — C-9798
Dear Sir or Madam:
Enclosed please find the above referenced fully executed Public Work Agreement by and
between the City of Redding and N & T Digmore, Inc. for the purpose of the Eastside Road
Emergency Storm Drain Replacement Project.
If you have any questions regarding this agreement, or if we can be of assistance, please
contact the Office of the City Clerk at (530) 225-4439.
Enclosure
cc: Misty Kufner
Ellen Grannis
Sincerely,
OL Ll��
Kristen McGee
Management Analyst
CITY OF :-
REDDING
' PUBLIC WORK
AGREEMENT
C A L I F O R N I A
THIS AGREEMENT, made and entered into in duplicate, on the date below written, by
and between the CITY OF REDDING, State of California, a Municipal Corporation and General
Law, City through its City Council, hereinafter referred to as City, and
N & T Digmore, Inc.
1525 Tahoe Court
Redding, CA 96003
hereinafter referred to as Contractor.
The Contractor agrees, at his own expense, to furnish all labor, materials, tools and
equipment, and to perform all the work required to construct and complete in good and
workmanlike manner, in strict accordance with the Contract Documents, and to the satisfaction of
the City, those improvements entitled:
Eastside Road Emergency Storm Drain Replacement Project
Contract No. C-9798
Job No. #2992-21
The Contract Documents herein referred to consist of the following documents:
Notice Inviting Bids
Instructions to Bidders
Proposal
Bidder's Bond
Agreement
Payment Bond
Performance Bond'
General Provisions
Special Provisions
Addendum
Contract Drawings
Public Liability Insurance
Fire Insurance
Workers' Compensation Insurance
It is expressly agreed between the parties hereto that should there be any conflict between
the terms of this instrument, or any of the other Contract Documents, and the bid or proposal of
the Contractor, then this instrument, together with the other Contract Documents, shall control
and nothing therein shall be considered as an acceptance of the terms of said bid or proposal of
said Contractor.
The City shall make payments on the account of the Contract as specified in the General
Provisions.
Except as provided in Section 12940 et seq. of the Government Code, Contractor shall
not discriminate against any person because of his/her race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sexual orientation, domestic partners, sex gender identify, gender expression, age or other
protected class nor refuse to hire or employ the person or to refuse to select the person for a
training program leading to employment, or to discriminate against the person in compensation
or in terms, conditions or privileges of employment. The Contractor shall insert in all subcontracts
for any work covered by this [agreement/contract] this nondiscrimination provisions.
Approv,CJ 312il2o23
PROPOSAL
TO: CITY COUNCIL OF THE CITY OF REDDING, CALIFORNIA
FOR: Eastside Road Emergency Storm Drain Replacement Project
The undersigned, as bidder, declares that he has carefully examined the contract forms, the plans,
specifications, and special conditions and hereby proposes and agrees that if this proposal is
accepted, he will furnish all materials, labor, tools, and equipment to do all the work required for
emergency work to replace the existing deteriorated and failed 48 -inch CMP storm drain on Eastside
Road. The work consists of installing approximately 80 -feet of new Storm Drain Pipe (48" RCP) and
other miscellaneous items of work and do it in the manner and time specified for the lump sum or
ci imc in tha fnllnuerinn crharh da to wit -
Item Description of Item
Emergency Repair Storm Drain
Pipe (48 RCP")
TOTAL
Approx. Approx.
Unit Quantity
FA
P1
Unit Price Total
$200,000.00 $200,000.00
$200,000.00
PUBLIC CONTRACT CODE SECTION 10162
QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty
of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary
interest in the bidder, ever been disqualified, removed or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or a safety
regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232
Statement
In accordance with Public Contract Code Section 10232, the Contractor, hereby states under
penalty of perjury, that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the immediately preceding two-year
period because of the contractor's failure to comply with an order of a federal court which orders
the contractor to comply with an order of the National Labor Relations Board.
Note: The above Questionnaire and Statement are part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this
Questionnaire and Statement. Bidders are cautioned that making a false certification
may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10285.1
STATEMENT
In accordance with Public Contact Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder
hereby declares under penalty of perjury under the laws of the State of California that the bidder
has , has not V been convicted within the preceding three years of any offenses
referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any
other act in violation of any State or Federal antitrust law in connection with the bidding upon,
award of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including
the Regents of the University of California or the Trustees of the California State University. The
term "bidder" is understood to include any partner, member, officer, director, responsible
managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The Bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
NONCOLLUSION AFFIDAVIT
Public Contract Code Section 7106
In accordance with Public Contract Code 7106 the bidder declares that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has
not directly or indirectly induced or solicited any other bidder to put in false or sham bid, and has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner directly or indirectly, sought by agreement, communication, or conference with anyone to
fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of
the bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof the effectuate a collusive or sham
bid.
Note: The above Noncollusion affidavit is part of the Proposal. Signing the Proposal on
the signature portion thereof shall also constitute signature of this Noncollusion
Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
LIST OF SUBCONTRACTORS
Each bidder shall submit with his Proposal a list of subcontractors in conformance with Section
1-6.2 of the Greenbook. Public Contract Code Section 4104 requires contractors to list
subcontractor license numbers at time of bid. Failure to list the license number shall cause the
bid to be deemed non-responsive. No subcontractor may be listed on a proposal for public works
unless registered with Department of Industrial Relations pursuant to Labor Code 1725.5. No
exception will be allowed including the renewal exception allowed in Labor Code Section
1725.5(c).
Work Item
AC Paving
Traffic Control
Subcontractor
Name & Place of Business
Tullis INC
16951 Clear Creek RD
Redding 96001
DIR Registration # & Expiration Date
1000002402, 6/30/2023
DIR Registration # & Expiration Date
Highway Specialty CO
6591 Eastside Rd
Redding CA
DIR Registration # & Expiration Date
1000022123, 6/30/23
DIR Registration # & Expiration Date
DIR Registration # & Expiration Date
License #
295418
1003147
The bidder further declares that the only persons or parties interested in the proposal as Principals are
those named here and that this Proposals not made in collusion with any persons, firm, or corporation.
Accompanying this Proposal is ❑ Cash, ❑ Cashier's Check, ❑ Certified Check, or ❑ Bidder's Bond in an
amount equal to at least 10 percent of the total amount of the bid.
The bidder understands that the City reserves the right to reject any or all bids and to waive any
informalities in the bidding.
The bidder agrees that this proposal shall not be withdrawn for a period of 30 calendar days after the
scheduled closing time for receiving bids.
Within 10 days, (not including Sundays and legal holidays), of receiving written notice of acceptance of
this Proposal, the bidder will execute the formal contract and deliver the required security bond or bonds.
The bidder agrees that, in the event the contract and bonds are not executed and delivered within the time
set forth, the bid security will become the property of the City as liquated damages for the delay and
additional expense to the City caused thereby.
The bidder further declares that he is a licensed Contractor in the State of California and that the license
which he holds is of the class required to perform the specific work; that he has a license to do business
in the City and that if he does not have such a license, he will obtain same prior to commencing work, in
accordance with Title 6, Business Taxes, Licenses, and Regulations, of the Redding Municipal Code and
Section 2-2, Permits, of the special provisions.
The representation made herein are made under penalty of perjury.
Addendum# ❑#
Acknwle" # n
F—I❑
532057 A
Contractor License No. & Classification
06/30/2023
License Expiration Date
1000013539, 6/30/2023
Name of Contractor
By /rte Contractor
By (Seal)
DIR Registration No. & Expiration Phone Number
530-945-0082
Email Address
Ithomas@ntdigmore.com
Business Address
1525 Tahoe CT, Redding, CA 96003
Date City, State, Zip
The City agrees to pay the Contractor for the performance of this emergency contract in
accordance with Section 7-4 payment for extra work of the 2021 Greenbook and special
provisions including a not to exceed contract value of $200,000.
The Contractor shall commence work upon execution of this contract within the time period
set forth in the General Provisions and shall diligently prosecute the same to completion within
fifteen (15) working days from the date of commencement of work.
IN WaPESS WHEREOF, the parties to these presents have hereto set our hands and
seals thAs day of 2023.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By: L
Ci Clerk
CITY OF REDDING
By:
City Manager
Name of Contractor"
C C, rPC1 F,.i(ci'�
Type of Entity
Taxpayer Identification
"Name" as Filed with IR
By: zz
Contractor
M
(Sea,')
Bond No.: 1224676
C I T Y O F PUBLIC WORKS Premium: $6,000.00•*
REDDR--
PERFORMANCE BOND
C A L I F O R -K
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS, the City Council of City of Redding, a Municipal corporation, as Owner, at its regular meeting
held on March 20, 2023, has awarded to N & T Digmore, Inc, 1525 Tahoe Court, Redding, CA 96003 as Principal, a
contract to do and perform the following work to -wit:
Eastside Road Emergency Storm Draln Replacement Project
Contract No. C-9798
as will more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this
reference.
WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of
said contract;
NOW, THEREFORE, we, the Principal and OLD REPUBLIC SURETY COMPANY
P as Surety, are held
and firmly bound unto the Owner in the sum of Two Hundred Thousand & 00/100 ($200,00) lawful money of the United
States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,
successors or assigns, or subcontractors, shall in all things stand to and abide by, and well truly keep and perform the
covenants, conditions, and agreements in the said contract and any alteration thereof as there provided, on his or their
part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the Owner, its officers, and agents as therein stipulated then
this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract or the work to be performed thereunder or the specifications accompanying the
same 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 or to the work or to the specifications.
If said Owner shall requite any further or other bond for its protection in the premises, such further or other bond
shall be furnished by the Principal with Surety or Sureties satisfactory to the Owner within ten days after notice of such
requirement is given to the Principal, and in case of failure on the part of the Principal to comply with said requirement,
the Owner shall have the right, at its option, to terminate said contract with said Principal.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this22ndday ofM_, 2023
IF i
APPROVED AS TO FORM:
City Attorney By.
ATTEST:
n Pamela Mize, City Clerk
N & T DIGMORE, INC.
Principal
BRIAN TAYLOR, PRESIDENT (Seel)
OLD REPUBLIC SURETY COMPANY
Name of Surety
By: (Seal)
KATHY MCIN OSH, Attomey-In-Fact
ACKNOWLEDGMENT
A notary pubiic 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 SHASTA 1
On 3/22/2023 before me, BRANDI MARIE HOPPER, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared KATHY MCINTOSH
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 signatures) on the instrument the
person(s), or the entity upon behalf of which the person($) 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.
' rem
RDI MANE HOPPER
WITNESS my hand and official seal. Notary pubiic • California
Shasta county
Commission Ar 2400961
y Comm. Expires Apr 15, 1026
Signature 1 (seat)
OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC. SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
KATHY MCINTOSH, CURTIS BYRON, OF REDDING, CA
its true and lawful Attomey(s)-in-Fact; with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the
seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds); as follows:,
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these,presents, are ratified and confirmed.': .
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and
sealed by facsimile under and by the authority of the following resolutions adopted by the.board of directors of the OLD REPUBLIC SURETY COMPANY on
February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company,to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such'person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andscaled (if a seal be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 7TH day of DECEMBER, 2021.
OLD REPUBLIC SURETY COMPANY
✓AI � �. � .�o1L '.`UNfr�'. .
n ..
Assistant Secretary , , SEAL 17.
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President
On this 7TH day of DECEMBER, 2021
personally came before me, Alan
Pavlic and
Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and theyeach acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
vt
"tret�c Notary Public
*�' •�.,K.��irt My commission expires: 9/28/2022
CERTIFICATE (Expiration of notary commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
31-1079 _,.,.,
sugar. Signed and sealed at the City of Brookfield, WI this 2ND day of MARCH T, 2023,
S17AL 0'.4404-bler-A ,
Assistant Secretary
SISKIYOU INSURANCE SRVCS INC
BOND NO.: 1224676
CITY O F PREMIUM: $6,000.00"
REDDI PUBLIC WORKS
PAYMENT (LABOR AND MATERIALS) BOND
C A L I F O
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, athe City Council of the City fo Redding, a Municipal Corporation, in the State of California as Owner,
has on March 20, 2023, conditionally awarded to N & T Digmore, Inc, 1525 Tahoe Court, Redding, CA 96003 as Principal,
a Contract to do and perform the following work to -wit:
Eastside Road Emergency Storm Drain Replacement Project
Contract No. C-9798
as will more full appear in said Contract, the terms and conditions of said contract being fully incorporatred herein by this
reference; and
WHEREAS, under the terms of the Contract and pursuant to Chapter 5 of Title 3 of Part 6 of Division 4 of the California
Civil Code (commencing with Civil Code 9550), Principal is required to fumish a good and sufficient payment bond to secure
payment of the claims to which reference is made in Civil Code Section 9554;
NOW, THEREFORE, we, the Principal and OLD REPUBLIC SURETY COMPANY
corporation duly authorized and admitted to transact business and issue surety bonds in the State of California, hereinafter
called Surety, are held and firmly bound unto the Owner, and unto all persons or entities entitled to assert a claim against a
payment bond under any of the aforesaid Civil Code provisions in the penal sum of Two Hundred Thousand & 001100 Dollars
($200,000) lawful money of the United States of America, for the payment whereof, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLICATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,
successors or assigns, or subcontractors, shall fail to pay for any materials or equipment furnished or used in performance of
the Contract, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or the Employment Development Department from wages of employees of the Contractor and all subcontractors with respect
to such work or labor, then the Surety shall pay the same in an amount not to exceed the sum specified above. If suit is brought
upon this bond, Surety shall pay, in addition to the above sum, all costs, expenses and fees, including attorney's fees,
reasonably incurred by any party in successfully enforcing the obligation secured hereby, all to be taxed as costs and included
in any judgment rendered. Should the condition of this bond be fully performed, then this obligation shall become null and
void, otherwise it shall be and remain in full force and effect, and shall bind Contractor, Surety, their heirs, executors,
administrators, successors and assigns, jointly and severally.
It is hereby stipulated and agreed that this bond shall inure to the benefit of all persons, companies, corporations, political
subdivisions, State agencies and other entities entitled to assert a claim against a payment bond under any of the aforesaid
Civil Code provisions, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety,
for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. Furthermore,
and for valuable considerations, Surety hereby waives the provisions of California Civil Code S ctions 2819, 2845, and 2849.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this 22ND day oI MARCH 2()23
APPROVED AS TO FORM:
Z2
r �ttorneyBy:
ATTEST:
Pamela Mize, City Clerk
N & T DIGMORE, INC.
BRIAN TAYLOR, PRESIDENT I (Seal)
OLD REPUBLIC SURETY COMPANY
Name of Surety
By. (Seal)
Attorney -In -Fact , KATHY MCINTOSH
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 SHASTA 1
On 3/22/2023 before me, BRANDI MARIE HOPPER, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared KATHY MCINTOSH
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare J
subscribed to the within instrument and aclmowiedged to me that helshe/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 persoh(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing
paragraph is true and correct.
*my
BWDI MARIE HOPPER
WITNESS my hand and official seal. Notary Public - California
Shasta County T
Commission 9 2400961
Comm. Expires Apr 15, 2026
Sig
(Seat)
OLD REPUBLIC SURETY COMPANY
POWER OF. ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,.a Wisconsin stock insurance corporation; does make, constitute and
appoint:
KATHY MCINTOSH, CURTIS BYRON, OF REDDING, CA
its true and lawful Attomey(s)-in-Fact; with full power and authority, for and on behalf of the company.as surety, to execute and deliverend affix the
seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.This Power of Attorney is signed and
sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on
February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case; for and on behalf of the company ,to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president., any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be
required) by a duly authorized attomey-in-fact or agent-, or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority
evidenced by the Power of Attorney issued by the company .to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any.Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 7TH day of _ DECEMBER, 2021.
OLD REPUBLIC SURETY COMPANY
t
Assistant Secretary SEAL.
t4.
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
President
On this 7TH day of DECEMBER, 2021 personally came before me, Alan Pavlic and
Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
A�atxcf�t^ Notary Public
ar'N.... My commission expires: 9/28/2022
CERTIFICATE (Expiration of notary commission does not invalidate this Instrument)
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in
force.
31-1079
e',a 9u.44r} Signed and sealed at the City of Brookfield, WI this 2 2ND day of MARCH . 2023.
g SEAL i ' - 444�c,�,,t�
* Assistant Secretary
SISKIYOU INSURANCE SRVCS INC
MI %A/ PnAnYC VYInin