HomeMy WebLinkAboutWipf Construction 2010-02-24CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
OAK MANOR WELL CONSTRUCTION
Specification No. 09-17
THIS AGREEMENT, made this day of re-hl'll~ , 20/~ , by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and Wipf Construction, 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 Davs 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 120 (one hundred and twenty) 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
OAK MANOR WELL CONSTRUCTION 33 Spec. No. 09-17
giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment
permit from the City, or without having submitted certificates of insurance that have been accepted and approved
by the Engineer
Article 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 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.
OAK MANOR WELL CONSTRUCTION 34 Spec. No. 09-17
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section
1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof,
for 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.
OAK MANOR WELL CONSTRUCTION 35 Spec. No. 09-17
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Scales
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
12. Addendum 1 and 2
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 Plum 20 .
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
CITY,PANAGER, CITY OF UKIAH
"~3rr!~
Attest:
(gY CLERK, CITY OF UKIAH
By.
CONTRACTOR
Attest:
Title:
The foregoing contract is approved as to form and legality this / ® day of , 20 P
P
CITY ATTORNEY, CITY OF UKIAH
OAK MANOR WELL CONSTRUCTION 36 Spec. No. 09-17
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on 20
by and between the City of Ukiah (Ukiah) and Wipf Construction (Contractor).
Contractor is performing work as per Specification 09-17, Oak Manor Well Construction, for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees
from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY:
TITLE:
OAK MANOR WELL CONSTRUCTION 37 Spec. No. 09-17
Bond No. 105377743M
CITY OF UKIAH
Mendocino County, California
DEFECTIVE ATERf DMfQfjK ANSHIP__ Al EN CEl BQH2
KNOW L MEN BY THESE PRESENTS,
That we, W ipf Construction
as PRINCIPAL
a~ Travelers Casualty and Surety Company of America
as SURETY,
are held and firmly bound unto the ° of U h as Obligee, in the penal sum of
Eighteen Thousand Eight Hundred Fifty and no/cents dollars
1$_18,850.00 (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors,
administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered Into a Contract with the City Of Ukiah
dated
for Oa Manor Well Construction-Spec No. 09-17
WHEREAS, said Contract has been completed, and was approved on the ° day ofr r
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee
that the work will be free of any defective materials or workmanship which become apparent during the perked of
one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full
force and effect, provided however, any additional warranty or guarantee whether expressed or implied is
extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this 23rd
day of February . 2a 10
OAK MANOR WELL CONSTRUCRON 43 Spec. No. 09-17
Wipf Construction (Seal)
Principal
Travelers Casualty and Surety Company of America (Seal)
Surety
Wipf Construction
(SEAL)
(Corporate Principal)
PO Box 234
(Business Address)
Ukiah, CA 95482
(City/StateOp Mode)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/StataMp Code)
Travelers Casualty and Surety Company of America
/n Affix
(Corporate Surety ebecca Gwynn Corporate
Attorney-in-fact Seal
4000 Kruse Way PI, Bldg #265
(Business Address)
Lake Oswego, OR 97035
(City/StateOp Code)
The rate of premium on this bond Is $ 0 per thousand.
The total amount of premium charges is $ 0
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must
ba attached).
(CERTIFICATE TO CORPORATE PRINCIPAL)
I , certify that l am the
Secretary of the corporation named as Principal in the foregoing bond; that
who signed the said bond can behalf of the Principal, was then
of said corporation, that l know his signature, and that his
signature thereto is genuine, and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
Affix Corporate Seal
OAK MANOR WELL CONSTRUCTION 41 Spec. No. 04-17
Attorney-In Fact No. 220761
Certificate No. 003058685
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Margaret M. Davis, Shari K. Welborn, Joyce Bjorge, Jeffrey L. Broyles, Charles W. Floberg, Rebecca Gwynn, Julie A. Hammond, Michelle Lauerman, Gary
Githens, Patty Clark, and Karen Venegas
of the City of Portland , State of Oregon , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory 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, the Companies have caused this instrument to he signed and their corporate seals to be hereto affixed, this
day of June 2009
Farmington Casualty Company
Fidelity and Guaranty? Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
10th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
nm
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State of Connecticut
City of Hartford ss.
By:
Georg Thompson, U., ice President
On this the 10th day of June 2009 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G•B1
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public
March 18, 2010
Mr. Ernie Wipf
Wipf Construction
PO Box 234
Ukiah, California 95482
RE: Notice to Proceed
Oak Manor Well Construction, Spec. No. 09-17
Dear Mr. Wipf:
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 construction of the project. The work
constructed 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
July 26, 2010.
The Project Manager for this project is Ann Burck, Deputy Director of Public Works -
Water/Sewer Division. She can be reached at 463-6286 or by email at
aburck@city6fukiah.com.
The City looks 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 Horg r
Purch sing u erv sor
enc.
cc: JoAnne Currie, City Clerk
Ann Burck, Deputy Director of Public Works - Water/Sewer Division
file
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 7071463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com