HomeMy WebLinkAboutCal Electro Inc. 2010-09-02CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
ORCHARD SUBSTATION CONSTRUCTION
Specification No. 10-08
THIS AGREEMENT, made this ,~day of 20 /;0 , by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and C LEG7-YZ[~~L/~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
270 (two hundred and seventy) 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
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
ORCHARD SUBSTATION CONSTRUCTION 33 Spec. No. 10-08
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses
incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and
the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder"-as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and
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.
ORCHARD SUBSTATION CONSTRUCTION 34 Spec. No. 10-08
(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.
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
ORCHARD SUBSTATION CONSTRUCTION 35 Spec. No. 10-08
l .
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties halving caused their names to
be signed by authority of their duly authorized office this day of , 20 14'.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
MANAGER, CITY OF UKIAH
CITY CLERK, CITY OF
CO
By:
Attest:
By:
Attest:
Title:
The foregoing contract is approved as to form lity this day of 20 .
}
CITY ATTORNEY, CITY OF UKIAH
ORCHARD SUBSTATION CONSTRUCTION 36 Spec. No. 10-08
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on 20 by
and between the City of Ukiah (Ukiah) and @A-L ~(,L Tl2c~ 1-iJG (Contractor).
Contractor is
Cf7NTapre_-r t3 l.o-og-Ola3G-<! I 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.
CONTRACT
e7-, ~A h ~
BY: l
TITLE: _ `AI
ORCHARD SUBSTATION CONSTRUCTION 37 Spec. No. 10-08
Bond No. 105449830
Premium: $29,557.00
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned,
AS PRINCIPAL, and
Cal Electro, Inc.
Travelers Casualty and Surety Company of America
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of
Two million nine hundred eighty thousand & no/100 dollars 2'980,000_00 )
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated Aug. 18 20 10
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special rnotor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
,20 10
hereto, this 24 day of wAugust
In the presence of:
WITNESS:
(SEAL)
{Individual Principal)
(Business Address)
(City/State/Zip Code)
ORCHARD SUBSTATION CONSTRUCTION 38
*-r.. No. 10-08
Cal Electro, Inc.
WITNESS:
EAL)
(Corp rate Principal)
5199 Airport Road
-
(Business Address)
Redding, Ca, 96002
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix Corporate
Seal
(Business Address)
(City/State/Zip Code)
Travelers Casualty and Surety Corn any of America
ATTEST:
(Corporate Surety) Affix Corporate
James D. Einerson, Attorney-in-Fact Seal
11070 White Rock Rd.
-...----_.T.-
{Business Address}
Rancho Cordova, CA. 95670
(City/State/Zip Code)
The rate of premium on this bond is $ $12.25/$9.70/$8.40
per thousand.
The total arnount of premium charges is $ 29,557.00
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
,(CERTIFICATE AS TO CORPORATE PRINCIPAL..)
Secretar of th certify that I am the
y the corporation named as Principal in the foregoing bond; that
who signed the said bond on behalf of the Principal, was then
of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority~f its overnin body.
Affix Corporate Seal
ORCHARD SUBSTATION CONSTRUCTION 39 Sir.. No. 10-08
CITY OF UKIAH Bond No. 105449830
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned,
Travelers Casualty and Surety Company of America
AS PRINCIPAL, and
, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of
One million four hundred ninety thousand & no/100 dollars 1 490,000.00
)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated...____- Aug. 18 20 10
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all safes and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this 24
day of August ___...._........_._,20 10
•
In the presence of:
WITNESS:
(Individual Principal)
(Business Address)
.
(City/State/Zip Code)
Cal Electro, inc.
ORCHARD SUBSTATION CONSTRUCTION 40 C4xr. No. 10-W
1 Ele o, Inc.
WETNESS:
(SEAL)
(Car orate rincipal)
5199 Airport Road
(Business Address)
Redding, CA. 96002
(City/State/Zip Code)
ATTEST:
(Corporate Principal)
Affix Corporate
Seal
_
(Business Address)
(City/State/Zip Code)
velers Casualty and Sure pany of America
ATTEST:
n
orporate Surety)
ames D. Elnerson, Attorney-In-Fact
Affix Corporate
Seal
11070 White Rock Rd.
.
(Business Address)
Rancho Cordova, CA. 95670
(City/State/Zip Code)
The rate of premium on this bond is
$12,25/$9.70/$8:40 per thousand.
The total amount of prernium charges is $ $29,557.00
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
certify that I am the
Secretarf the orporation name - as Principal in the foregoing bond; that
.5 c~t,,~ who signed the said bond on behalf of the Principal, was then
of said corporation; that I know his signature, and that his
signat re thereto is genuin and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of is verning body.
- Affix Corporate Seal
ORCHARD SUBSTATION CONSTRUCTION 41 14xo. No. 10-08
r
Bond No. 105449830
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Electro, Inc.
,
and Travelers Travelers Casualty and Surety Company of America
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
One hundred forty-nine thousand & no/100
as PRINCIPAL
as SURETY,
$ 149,000.00
(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 August 18, 2010
for
Orchard Substation Cnnstructon
WHEREAS, said Contract has been completed, and was approved on the 18.._,,.__...-_ day of __August
2010
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 period 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 -24_....._._..._...._-- day of Aug st 20-10
Cal El tro, (Seal)
(Seal)
BY._..,..._._- Seal
Principal
l )
..__........m - -.._.._.n........'...... - - (Seal)
_ - (Seal)
James D. Einerson, Attorney-in-Fact (Seal)
rJUrety
Travelers Casualty and Surety Company of America
ORCHARD SUBSTATION CONSTRUCTION 43
Sxr.. No. 10-08
} I
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of Sacramento )
On August 24, 2010 , before me,
personally appeared
James D. Einerson
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.
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.
Signature 1. • 1~MJ
Signature of Notary Public
(seal)
Gail C. Einerson , Notary Public,_
(here insert name and title of officer)
GAIL C. EINERSON
COMM. #1794026 m
W Notary Public-Califomia
SACRAMENTO COUNTY
1 My Comm. Exp. March 21, 2012
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., 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 Fidelityand Guaranty Company 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 in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of % 20 yi
Kori M. Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER