Loading...
HomeMy WebLinkAboutRoberts Mechanical & Electrical, Inc. 2008-10-28c=November 3rd, 2008 Mr. Gino Moretta Roberts Mechanical & Electrical, Inc. 189 Wabash Avenue Ukiah, California 95482 RE: Notice to Proceed Specification No. 08-12, HVAC Replacement - Grace Hudson Museum Dear Mr. Moretta: Enclosed please find a fully executed agreement for your files. I have also enclosed copies of the Faithful Performance Bond, and the Material and Labor Bond. By this letter you are authorized to proceed with the project. The work under this project shall be completed within the time allotment identified in Article 1 of the Agreement. As such, all work shall be completed no later than January 4, 2009. We look forward to working with you on this project. Please do not hesitate to contact me at (707) 463-6233 if you have any questions. Sincerely, Mary Ho ger Purchasi up rvi or enc. cc: Linda Brown, City Clerk Sherrie Smith-Ferri, Museum Director file 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com CITY OF UKIAH Mendocino County, California AGREEMENT FOR HVAC REPLACEMENT - GRACE HUDSON MUSEUM Specification No. 08-12 THIS AGREEMENT, made this 25 day of - , 20 , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Roberts Mechanical & Electrical 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 Project Manager. The Contractor shall complete the work within sixty (60) 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 HVAC REPLACEMENT- GRACE HUDSON MUSEUM 43 Spec. No. 08-12 - Addendum 1 dated 913108 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 necessaryto 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 HVAC REPLACEMENT-GRACE HUDSON MUSEUM 44 Spec. No. 08-12 - Addendum 1 dated 913108 violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment,. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. HVAC REPLACEMENT- GRACE HUDSON MUSEUM 45. Spec. No. 08-12 - Addendum 1 dated 913108 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. Contract Bonds 9. Construction Details 10. Appendices 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this day of a a , 20 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: C_ 711141'-- Title: (/f clG - #t5~-s ldior OQLOFORMBA - URPOSE QC State of California County of sly R On QC_+ ;ilk _,2 2 before me, Ric , b Y'1rt)c 'er Date Here Inse ame and Title of the Officer personally appeared C~~ S Le-c Robe s Name(s) of Signer(s) RICHARD KRUGER ® - Commission # 1721980 11, _ Notary Public - California Sonoma County _n._ ~29,2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rAit1kWI r(?(" t ilACLE 60,jb / M&7ha~r Li A I- N Document Date: Number of Pages: 40 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's amen Signer's Name: ndividual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact r® ❑ Trustee Top of Tih,jmb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r7r 0 Top of thumb here ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CITY QF~ la+KIA C,17nd0uirr rttr.}i Cvtlis°7r :A. MWITILRE A! 1L. 0, A BOND #9401792 ? <.j~ ROBFRTS MECHANICAL & ELECTRICAL INC .nd FEDERATED MUTUAL INSURANCE COMPANY PO BOX 328 OWATONNA, MN 55060 _ i art; h,21d }Irff1ty r utnd cMtO T f , A. 'f M`;ik; Wed 14~i I the p? ,m l sum of FIFTY THOUSAND SIX HUNQgp Err-'?QTY-NINE AND NO/~ 00-a- X11 50, 689.00 Or the p al: l ardt l ed1 of , gum bind c&, our aA, 4s, and suC; o jointly n °slr,T 7: 0 No FMfPN d TO c nQ'C'`al f tho 04,j,,, 4l I OCTOBER 21 08 UER'.":.F A' 1;; wfii"[1an (ds' hIs oblIDallon li3 uch that T H PliYpel 0:11 In edl ; . 0peo fuNy pa `ar'm ~y'; ~,Ur'S:f4t^: ~r-11~id ailrl ~ti,.f~y~."sl.E~f1C.;~,~C;~t~ i1E43~.i!!f!CiduJFlca {{t;;('.~1.~it ~~LfY1(ft~ k~ k'I IIC"t 7 , t ~a~ r ,n, ~ ,-y f, vn,,i 1 (yf ',v.11ni_~ and ':14ari3ig a ga:`mnjo poNd Ar af>JrEWE i~~ Cam=2 ~ r pf"~7tI[Cf T , l the , ['l~r~ I~~l~ P ! oh all 7,Yi~ ,r ; i L'v 1z1y l'• ll c l~la`t ,l~i.aPl ti:`S (~f dl'E7'A3+r1f'14 vInd €31 t1 ra Dwn4f'trs+4. F.Tr~ . iu l"ry Ind a Ft`1f& L}"it? Litiy fur as ra2,pn=5 101h ti f'7a` ftiG,c v rat i'4, JJ';i Ui ,t+t}I olaltn o ir,-cl uC:dopj tLj Pr1nr_,ipz.zi 4mM mEkEi f uR P " isn't 1,0 air p'UP.fiy:~j;ylt~l't'i lc7abw J 'PI JET c"15' 71 tirC' i3t1 1 or 0gtjIpr'ri:~ N,' I i ~'I e pu~~o:~c,snbn o o 'Vti' r Oc ,vaal:, in r~ P7G!~{Y of 4~4tJoh such pees ino iFheII haves a llyex,-4 right of ac ton, E<'amupuz and If tir', hrl„71p d pav or na u2a to be pt. d 0 Wes and uss t'1_ a !a,,10h as a msuN of the psrfi';it"f?aY-toa Qlna 7ai~l ~t c °di l t-r, iS fGrl 'f" f o };s:.oudna end spel~iL mu`;l'ii°'fualy ;.;(psi 1w he pZ::11oPf'fi: nce A trVic~ Conil m-1:;,'t nnd i 11oi'or ?t'rah w1u luau pv u.; - 'L for cor,f t1P30'i, l ~ I yl~} f~0'~€;t( i~evhlo i t ~~,t'`~J i. +rucf~ In f'on11o©T:IC]n Li}ll(j=1 t;1~1 lr~;,, try r,,- of ~'iili °i fltf c:c<'r, than Us ubfigaHon MWI'ba voll Mhanyled, H ohozdl r~jrn-,, rn In full for c-5 r yy t.4 m l f ` ci. No iJ` Clffll~.:~:dn o lie '~?~ll p'i'g o c~ a:a~Lnni J- oni oI ift s,~:rm 41~k1'(ach nC7i' any f+'wbicumnciv ~ r~ till ~ nf3 ter yt'i v !l~ll;~'~f I III to nany vjFq r .Ikion , th13 oT ihz Surd horn ~iuf]!'lity ~ .1 d f`~luj $o ! trhs ~ ch C` t ~v#o. ~.8; ".;~'Glf ziiEi)pSumadRumala" or ,;.tab..7odap.cm IG hcFabyvrdv.d, I V90028 to iL "30 e._1 0F3 nQ+z.. snd Surety 11 vi~._7'9i ca,rwai{',d their instrument ~~I~ ` are ,,;,o, `ih~ n 21ST 12[L08 In th pres:2nc of! (IndIvIdual Priroc`lpal) ( lases Addrt oa) PPY/ ~atc/ 'Ip Cod . V VIL,' , _i -GRACE HUM N U UM 9 Spo , No, . -'AtIdendum 7 do# 91 ATTEST: (Corpor 6c, prloc(pa,) Affix Corporate Seal (Buslne Ai dre-os) (idV'yl ti ,is/Zip Code) / r ATTEST: 'KELLY HAGEN (~C7t~3f~i Gr~o9 ,'t LISA RO SHAR ATTO EY-IN-FACT car ,PO BOX 328 (Brainy OWATONNA, MN 55060 The rate of premium on thic,, bond is s-18 - 0 0 per thousand. The total amount of premIum charges to $ 12-00 ( i'ho 7bova is to be filled In by Surety Company), (Power of Attorney of person signing for Surety Company must be 2,isiuched), TO CORPORAT PRINCIPAL) I, , 0artN'y tt qR I en, I, he opr t ry of the corporation nerved ar Pr+nrjipW In `zn fQrogoing bondf, thet , whosignod ii1 Wd bond anbfYh0 at rho, PrIp6p wcg then of said corport;tror; ihiz1 t,,,no~?r hie f,~I nay ura, end his IV-, ~UF.J ? 1~ 13 Lie;rIU,Ine; c.€~c' cal brard vvoj duty sign d, asatud, urod ~'t:~~;~~? a~icr ~i~d In ~a~hslr of sc~ a n_ 9Ic~F~ aulhol ty at U goo IIVIQ body, ViNx Corporate Seat NVAC M PLACEMENT_ GRACE HUDSON MUSEUM 49 Spay. No, 0 n 2 , AddencIlim I d d 9/We CITY OF UKIAH Menddclrla County, al(f rnla BOND #9401792 That ire the ROBERTS MECHANICAL & ELECTRICAL INC and FEDERATED MUTUAL INSURANCE COMPANY PO BOX 328 OWATONNA, MN 55060 AS 30-1 are held firmly bound unto T G- 0-, C~F' u I (IF UKIAH, h6reinatter fled the "City" In ~oho pz~r of SUM of TWENTY-FIVE THOUSAND THREE HUNDRED FORTY-FIVE AND NO1100-- dollarn 25, 345. 00 10Hh 3 pa~yr~,in4 of v,°mon '.u m wo Gumalvas, our j` olro, ~i:. ~'.Or , i;a(dl € 11uRi $y« ?i cail LIG'C2~i k;i}; 'illll; . I4d L 3xj ~ €`~;Iiy, ti' , it}G P i 1t y` t1+:'7 r'. ~ Il 1; n Gontract with the My, sa' OCTOBER 21 r 20_0 8 o I . l 'pJ 0J111E:i') (r h r41U. Cfe_"h(-1d Lind !i e'1 'f arli hw-iof, 1',10t; E , Ta „ V 0r i,b i i of Mhi~L ~a:~I t; ki Jn l~ sunh that II t PelmoI 1 shall In alt ~~sp ,~t3 f s~fe~r~1 t-.f during it wiginal 1 ';f 3i lyi ~'d 6;r-[d during '-1w}f gLeiranby pi 4r ood ''or :,villich dhe Cotnt~,.scl pf'ovid'as, and if tho FrlncG ppl ;7hak "Jlly M ;I +i if rJlr l?'11~~ ~;I i> lk~ ~F$~a z r "tii tr[p~? r11 1 ~ l 2p7 J UV ; r4 i"f F+tpl rs`fJY'Fi( Jf t i r l ~t t? 1 full`~ Ir i d a on rt e tl"j a+ is{C~{~C$~ w all xpen&iF5~.+ whici] Ik r nay In-sr by re&: on oll Such olglmnn, Inciu6Ing lis artomev's rjcs and onurt .and 13 idha PrInGipai ~[A maf1'a fUli pay mem to -a!I psman® :supplying lar,,or, ✓~r~jic~y, fnn15 kS` ,_,iIz, or qulpmoi1 in th prwocudon ri4 E~ o tJgrsfy under the Cor"i4r'@c% tat c } Gulf( of vlhleh nuoh 'owsoPt8 nhall hcwe a u!Ireot righi of aGtlon hovi,upor : and ;Y 1 s T r rlr ~ijar•'I ~ihzil po'y or of & t0 tw; PGid Dili G-Nes an'd PqOk~ 3 !~:1 a f-,iGoIt of the pr:rfOrm(r. i)e c'f'thc- C=rect g i zN s~7, pa;,mesa of gf,1GQilns and onFrja f mwor?upf& kaxas in Vha parrarmanosof ilea Contract t-4nd ~jl orator VGNGiG i0C.j !f0d iOr acarr r rul ,i frolor vuhlclej uaknd ir" conn€ cilan 'wi?h tha perl'01$'neloQ of th,~ cony rc thG Ni abftjaflon ohLO bo voids ovt henit16q, I, ah,-Jil szmgirl (Y1 lull ioNc'G and affa'Lt" N fl ='11110a(1on 0( rho r:1oF'!tl°C'cor ~3 f~irl aic r~ of the term therect, nor &,rty for ,aaoc nce on Il`ro G' a t o~ the CRY ~ hrall any tt,,E y ralo-a-ss ih*- Fariolptai or tha S;. il{ rYJi`i'i kit ,!V he¢'s!"i$1dar. I' oiloe Fo ffiv e .S.1ww of any ~"Uch =1141catlon, I E by+walvsd, U! and Q'ufQLy i cavo axoa;.Ae d Ihls Instrument and affixed their E;ea,Is ti 121ST{f, OCTOBER ;ric 08 In 7 ,-r°::r°nr- oi; (individual Principal) ( ( u8irWi Address) (Cfty/ftle/Zlp Carla) hVr)C PLAGEME iT - GRACS r'tUOSON MU13CU 5 0 place, N~. 1 , Addendum 1 a'ated f a WITNESS: EAL) (Corporate Principal) THOMAS L ROBERTS II - PRESIDENT 4649 DOWDELL AVE (F4uf*)~; . a Address) SANTA ROSA, CA 94507 (Cltyt5t fz1'a ~a= } X-77--l' , (Cotprt'ete Prinolpalj Affix Corporate see( (Businasa Addrnes) T i 1 KELLY HAGEN ~&A)Aff IX (CoTporrm4 Cry rata LISA ROUSHAR - ATT09NEY-IN-FACT seal PO BOX 328 OWATONNA, MN 55060 (CRYJ, _ zjp Code) The rate of premium ovi thi, bond is 18 . 0 0 per thousand, The tonal amount of premium charges le 456.00 (The above is to be Fill=:d in ,y Surety Company). (Power of Attorney of person signing for Surety Corrip ny roost be atteohed), 9, _ c'F;1'Wy that 1 am the Secretary of the oorpc..,:.)i, named as F-0ncfpal in t~, f rn9 ~3,,; r~ that Who Z1Qf),-)d r0said bond on loshnltof ft Pdnoip,t1, w,z'then ofoa€dcorporation; thatl ul x',''1(3 ~JI t, LJ~ , ~~P~41 IMM hj@ elgrff ' ir- ~hare'L 4 1` r ninon nmd flhzi t~~sdrJ bwid Dias duly signed, sealed, f j by a utnQ,,' t o 1i 7 o° crnln bogy, AfF1.x Corporate Seal HV,40 REPLACEMENT GRACE HUDSON MUSEUM 31 8plac. ND. 08-1 - Addencturn 3 dafed 9008 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF STEELE On this 21 ST day of OCTOBER 2008 before me, a Notary Public within and for said County, personally appeared LISA ROUSHAR who being first duly sworn, says that he/she is the attorney-in-fact of Federated Mutual Insurance Company Surety herein, a Corporation duly organized and existing under laws of the State of Minnesota, and executed the foregoing instrument for and in its behalf, by authority of its Board of Directors; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and further acknowledged said instrument and the execution thereof to be the voluntary act and deed of said corporation. 01/31/10 (NOTARIAL SEAL) BF-21 Ed. 11-88 RIDER TERRORISM RISK INSURANCE ACT POLICYHOLDER DISCLOSURE NOTICE Losses for certified acts of terrorism, as defined by the Terrorism Risk Insurance Act, would be partially reimbursed by the United States Government under a formula established by the Act. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for certified acts of terrorism is $0.00. AF-114 Ed. 1-03 OCT-29-2008 07:37 AM ROBERTS MECH. & ELECT. 707 584 9195 P-01 Prhl C P: the City , tats of gnd i its cip d of . ' # x . Lt A R0U8HAR C NIV;4 of -die city, a l d Mutual Innulmoe. Commy in job for.. kidh i$ P6wer of A- k qW d; this i t be, its qo tb seal be affho4 by itg w io r. d atd 'sta e Seacm-ty bi e eta dT, „g -7-fiAy of