HomeMy WebLinkAboutGregg Simpson Trucking 2014-04-20 C 0(it� l 3 l`I �- 1 ��I �
I
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR I
OAK MANOR TRAIL
Specification No. 14-02
THIS AGREEMENT, made this �� day of �- 20!�, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and ✓������st c" l r�k��.i hereinafter called the
—�
Contractor,
WITNESSETH:
W HEREAS, 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 publidy opened. examined and canvassed the !
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular I
responsible bidder for the work and for the sums named in the proposal,
NOW. THEREFORE, THIS AGREEMENT WITNESSETH: ��
Article1 WorktobeDoneandContractDaVSAllowed.
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
twenty (20) working days. Contract days shall be counted starting with the 10th day following receipt of notice that II
the contract has been executed by the City. CoMractor, 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.
I
Oak Manor Trail 47 Spec. No. 14-02 I�i,
i
.
�
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
pertormance 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 wilifully 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.
OakManorTrail 48 Spec No. 14-02
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 opportunityfor employment.
(5) The Contractor shall notify the Ciry 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.
Oak Manor Trail 49 Spec. No.14-02
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. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN W ITNESS W HEREOF,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�, 20�.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By' -
� I�Y MAN ER, CITY,OF UK�V l/ �
/ �a
Attest: ` ���
C T LERK, CI Y OF UKIAH
By:
C TRACTO
Attest: �
Title:
-rh
The foregoing contract is approved as to form and legality this ��` '' day of � v� , 20�.
�
CIT RNEY, CITY F KIAH
Oak Manor Trail 50 Spec No. 14-02
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on �� , 20�, by
and between the City of Ukiah (Ukiah) and ���,� e�u��y,��(Contractor)
" l� �
Contractor is
��rP���ml�5����na
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 pertormance 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
Bv: �oc��zv � L� � -- - --
TITLE: Y� �. _ �--
Oak Manor Trail 51 Spec. No. 14-02
Bd 739848
' CITY OF 11KIAH
� Mendoano CouMy,Califomia '
EAITHFULPERFORMANCEBOND �
KNOW i1LL 6IIEN BY THESE PRESENFS,
TFiatv�the undersigned, Darlene R. Simpson
dba Gregg SimpsQn Trucking
� AS PRINC[PAL, and . .
Nationwide Mutual Insurance Companv
AS SURETY, �'�
are held firmty bound unro THE CfTY OF UKIAH, hereinafter calied the'City',in the penal sum aF
Ninety Six Thousand Five Hundred SQVenty Seven dollars($ 96,577.29 �
for the paymentof which sum we bind ourselves,our heirs,execuiws,admenistiatflrs,and,successors,joiMlyand
severally. �
WH�pS,the Principal has entered iMo a cersain coniract wiui the city,dated _Feb. 5th ,2p 14 a
copy of which is heretoatfached and made a pa�t hereof,
NOW,7HERFFORE,YFte condition of 3his obligation is such that i4the Flincapal shall in all respects{uity perform the
Contract and all duly autlior¢ed modifications tliereof,during its origirql term and any extensions iFereof thaf may
be grairtetl and during anyguaraniy period for wtrich the Contractpravides,and'rf tt�e Principal shall fullysa6siy all
da'uns, arising out of the prosecution of the wnHC under the Contraa �tl sha0 fully indem nify gie Ciry for aIl
expenses which�it may incur by reason of such claims, induding ils attomeys fees and couR costs, and if the
Principal shall make fWl payment to all persons suppEying labor, services, materals, or equipment in the �
prosecution of the work under fhe CoMract, in defautt of which such persons shall have a�dired right of action
hereupon; and if the Prmcipal shall pay or cause tn be paid alf sa7es arid use taxes payabte as a resutt of ifie
pertortn ance of ihe wn'vace as weii as paymenY of gason�arKi special motorfiieis fa�ces in 4he per�brmar�ca o;,y-�e .
Contract and all mofor vehiGe fees requ'ved for- commesziaf moWr vehides used in connec6on with tfie
perfqrtn a�ce of the Contract,fhen this obl:gafion sha6 be voitl;otherwise,R shall reman in fWl force a�effed No
modification of die Contrac[or rx#ension of Vie te7ttt ihereof,nor any forbearance on fie part of ihe City shalt in arry
way release the Principal w fhe Surety from LaWlity hereunder. NoSce m the Suretyof any such modification,
extension,or forbearance is herebywarved. � ,
IiJ Wfi7�ESS WHEREC7F,the aforesaid Rrirtcipat and Surety have gxecuted fhis instrumenf and�t'«ed iheirseals
hereto,ihis 10th dayof_ FebruaN 20 14
In the.prese�ce ot . �
WITNESS: - .
� �� Li (SEAL)
pnaiviaua€Princ� )q�riene R. Simpson
dba Gregg Simpson Truckinp
(eusirEess AtltlressJ
19 Highland Crt
� - ' (City/state2p Code)
Ukiah CA 95482
oa�c MenaT�a sz sae�No.Tn-az
' Bd 739848
WITNESS:
(Corporate Principal) Affuc
Corporete
Seal
(BUSiness Address)
(City/State/Zip Code)
ATTEST:
(CorporatePrincipal) Affix
Corporate
Seal
(Business Address)
(CityiS e2ip Code
� ATTES' : �,tG�
( orate ty) Affix
Manuel B. Mello, AttornS���at
P.O. Box 1820
(Business Address)
La Mesa, CA 91 9 44-1 8 2 0
� �Ciliy)SSeiP./2�7�OdB�
The rate of premium on this bond is$ 25 per thousand.
The total amount of premium charges is$ incl. in Perf. Bond
(The above is to be fiiled in by Surety Company).(Power of Attomey of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
� certify that I am the
Secretary of the corporation named as Pnncipal in the foregomg bond; that
who signed the said bond on behalf of the Principal,was then
of said corpora6on; that I know his signature, and that his
signafure 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 goveming body.
A�x Corporate Seal
Oak Manor Trail 55 Spec.No.t4-02
State of California
County of ��alnn�n���i'
Subscribed and sworn to (or affirmed) before me on this I Q�
day of F�ehn.tc� , 201�i, by - � ���
proved to me on the basis of satis actory evidence to be the
person� who appeared before me.
� JULIAM.BAGGETT m
N ... COMM.#t982721 �
� ;�.; NOTMYPUBUC•CALIFORNIA �
W HUMBOLOTCOUNfY
MyCamm.ExDUeduly 14,2018+
��I (Seal) Signa
I
� Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an lowa corporation
Farmland Mutual Insurance Company,an lowa corporahon Allied Propedy and Casuatty Insurance Company,an lowa corporation
Nationwide Agribusiness Insurance Company,an lowa corporahon Depostors Insurance Company,an lowa corporation
heremafter referred to severally as the "Company"and collectively as the"Companies;'each does hereby make,constaute and appoint:
MANUEL Ii.MELLO QRADLEY "L.CLARK JAMES G. GRAY
MICHAEL K. HALL
SANTA ROSA CA
each m iheir individual capacity,its true and lawlul attomey-in-fact,wrth tull power and authornyto sign,seal,and execute on its behaN any and all bonds and underiakings,
and other obligatory instrumeMS ot similar nature,in penaities not exceedingthe sum ot
SEVEIV I3UNDRED�I�TY THOUSAND AND NOJI00 DOLLAIiS % 750,000.00
and to bind the Company thereby,as tully and to the same extent as it such instruments were signed bythe duly authorized officers of the Company;and all acts of said
Attorney pursuant to[he authonty given are hereby ratdied and confirmed
This power of attorney is made and executed pursuant to and by authority ot the following resolution duly adopted by the board ot dvectors oi the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is, authorized and empowered to appoint attomeys-in-tad of ihe Company,and to
authorize them to execute and dehver on behalf of ihe Company any and all bonds,Sorms,applications,memorandums, undertakings,rewgnizances,transfers,
contrads of indemmiy,poiicies,contracts guaranteeing the fidelity ot persons holding positions of public or private trust,and other writings obligatoryin nature ihatlhe
business ot the Company may reqwre,and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authonty granted
hereby shall in no way limit ihe authority of other duly authorized agents to sign and countersign any of said documenis on behali of the Company."
"RESOLVED FURTHER,that such atlorneys-in-tact shall have tull power and authontyto execute and deliver any and all such documeMS and to bind the Company
sub�ed io the terms and limnations of the power ot attorney issued ro them,and to affix the seal ot the Companythereto;provided,however,that said seal shall not be
necessary tor the validity of any such documents:'
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of ihe Gompany
Ezecution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and au[honTy to sign or attest all approved
documents,insiruments,conirads,or other papers in connection wtlh ihe operation ot the business ot the company in addition ro the chairman of the 6oard,the chiet
executive officer,president,treasurer or secretary;provided,however,ihe signature ot any of ihem may be printed,engraved,or stamped on any approved document,
contrad, insirument,or other papers of the Company
IN WITNESS WHEREOF,ihe Company has caused this instrument to be sealed and duiy attested by the signature of its officer ihe
11'" day oi November, 2011 .
���� ���' �� Gary A.Douglas,Presitlent and Chief Operating Officer of Nationwide Agribusiness Insurance Company
- /�� �� is:......�
. � �;:.o�an;�� and Farmland Mutual Insurance Company;and Vice Presiderrt of Nationwide Mutual Insurance Company,
�"SSEAL;�t / 'SEAL3 � AMCO Insurance Company,Allied Property and Casua�ty Insurance Company,and Depositors Insurance
��"te,� ,y�,i ����::::::��i Company
'4+rti.��aa° ��j1.�
ACKNOWLEDGMENT
�
ixs �
J1V`��p���yT ��u;;;�„\ STATE OF IOWA,COUNTY OF POLK: ss
> ��S�o..oa,;��� Onthisll dayolNovember,2011 ,beforemecametheabove-namedoflicerlortheCompaniesaforesaid,
�S E A L� /�:$�,3�� to me personally known to be the officer described in and who executed the precedmg instrumem,and he
�. °, ' ° ��t%,..,,.o:<� acknowledged ihe execution of the same, and being by me duly swom, deposes and says, that he is ihe
yb �.u�.1� �d�'�u�N �/
'•�ow� a,���+ officer of ihe Companies aforesaid,that the seals aftixed hereto are the corporaie seals of said Companies,
and the said corporate seals and his signafure were duly aHized and subscribed to said insirument by ihe
,�s„ ��t authorit and direction of said Com anies
.�JS� 4j�4 I`,piW4M��t�,
: c`reiy'e � �R' ?� +tPUI� �ntivNlz " / �
° SEAL ° ��:�],'�� i �(. IowaNOlanalSeal
fo p, ,. � ` . ! f ��+ tammisnonnumner�snss Notdr PubIIC
I W canmission emires rnarm za:ot� Y
%r °ro ���=i�.� �" My Commission Expires
` CERTIFICATE March 24,2014
I, Robert W Horner I I I,Secretary of the Companies,do hereby certity that the foregoing is a full,true and correct copy of the original power ot attorney issued by the
Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been
revoked or amended in any manner,that said Gary A. Douglas was on the date of the execution of ihe foregoing power of attorney ihe duly eleded officer of ihe
Companies,and ihe corporate seals and his signature as officer were duly affixed and subscribed to ihe said instrument by the authority ot said board of directors;and ihe
toregoing power oi attorney is still m fuil force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary,and aHixed the corporate seals of said Companies this lOth day
ofFebruary , zo14 J %
L�yK.�7—w ��^--�s
Secretary
This Power oi Attorney Expires O5/z�li6
BDJ 1 (11-71)00 .
06085