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HomeMy WebLinkAboutGregg Simpson Trucking 2015-08-24CONTRACT #1516096 CITY OF UKIAH Mendocino County, California AGREEMENT FOR GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS Specification No. 15 -09 THIS AGREEMENT, made this 24th day of August, 2015, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Gregg Simpson Trucking, hereinafter called the Contractor, WITNESSED: 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 WITNESSED: 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 (as described), 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 one hundred and fifty (150) 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 GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 39 Spec 15 -09 — Reflecting Addendum 1 CONTRACT #1516096 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. 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 GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 40 Spec 15 -09 — Reflecting Addendum 1 CONTRACT #1516096 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) (g) 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. 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. GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 41 Spec 15 -09 — Reflecting Addendum 1 CONTRACT #1516096 (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 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 1-j" day of >" 20 /5 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: Title: C ANAG CITY OF UKIAH CIT M 44"//4 CITY C K, C T OF IAN /i _�� /_ / i/L =I../ Gregg Simpson Truckin c p t- ot_acL a 2 The foregoing contract is approved as to form and legality this ° day of Ie-K, 20/ 67 CITY •RNEY, ITY OP-UKIA GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 42 Spec 15 -09— Reflecting Addendum 1 CONTRACT #1516096 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on August 24, 2015, by and between the City of Ukiah (Ukiah) and Gregg Simpson Trucking (Contractor). Contractor is performing the work in Specification 15 -09, Grace Hudson Museum Parking & Stormwater Improvements for the City of 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. GREGG SIMP ON TRUCKING BY: TITLE: GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 43 Spec 15 -09 — Reflecting Addendum 1 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Darlene Simpson dba Gregg Simpson Trucking CONTRACT #1516096 Bond Number Bd 744662 AS PRINCIPAL, and Nationwide Mutual Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City ", in the penal sum of Four Hundred Severity Four Thousand Five Hundred Eighty Eight and 41/100 dollars ($ 474,588.41 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 August 24 a copy of which is hereto attached and made a part hereof, ,2015 , 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 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 26th day of August ,20 15 In the presence of: WITNESS: Darlene Simpson dba Gregg Simpson Trucking (SEAL) (Indiyidual Princ. al) GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 44 (Business Address) 2S0 L— rne., c,.- DY L(b'& cA 4S Y a-L (City /State /Zip Code) Spec 15 -09 — Reflecting Addendum 1 WITNESS: ATTEST: ATTEST: CC)N T RACT #1616496 (Corporate Principal) (SEAL) (Business Address) (City /State /Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City /State /Zip Code) Nationwide Mutual Insurance Company 7 (Corp ate Surety) Manu- B. Mello, A orney in Fact PO Box 1820 Affix Corporate Seal (Business Address) La Mesa, CA 91944 (City /State /Zip Code) The rate of premium on this bond is $ 17.11 per thousand. The total amount of premium charges is $ 8,118.00 (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 1 am the Secretary of 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 of its governing body. Affix Corporate Seal GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 45 Spec 15 -09— Reflecting Addendum 1 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 L County of ti Kc d On r �,{ (aij� �(.� J;��� S before me, c��,t;l�l�t lM- � C�1 <�P�- �; Glb� -{,L (insert name andiitl of tflie officer personally appeared ViAjiAl,ff \ , vet(U who proved to me on the basis of satisfactory evidence to be the person(] whose name e O are subscribed to the within instrument and acknowledged to me that he /they executed he same in 1t /her /their authorized capacity(, and that by Is /her /their signature(s)`on the instrument the person(Y, or the entity upon behalf of which the person(z)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. Signatu (Seal) cc ,iy°"`Qi, JULIA M. BAGGED COMM. #1982721 11 NOTARY PUBLIC • CALIFORNIA N HUMBOLDT COUNTY J My Comm. Expires July 19, 2016 ��rr CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Darlene Simpson dba Gregg Simpson Trucking CONTRACT #1516096 Bond Number Bd 744662 AS PRINCIPAL, and Nationwide Mutual Insurance Company AS SURETY, Four Hundred Seventy Four Thousand Five Hundred Eighty Eight and 41/100 are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of dollars ($ 474,588.41 ) 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 August 24 20 15 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 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 26th day of August ,20 15 In the presence of: WITNESS: GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 46 Darlene Simpson dba Gregg Simpson Trucking (SEAL) (Indi idual Pri ,' pal) ( usiness Address) 25O L - ►-moo. >✓ti.1/4)c wc, 9 str F z (City /State /Zip Code) Spec 15 -09 — Reflecting Addendum 1 WITNESS: ATTEST: ATTEST: CONTRACT #1516096 (SEAL) (Corporate Principal) (Business Address) (City /State /Zip Code) (Corporate Principal) Affix Corporate Seal (Business Address) (City /State /Zip Code) Nationwide Mutual Insurance Co pany (Corporate Surety) Manuel B. Mello, Attorney in Fact PO Box 1820 (Business Address) La Mesa, CA 91944 Affix Corporate Seal (City /State /Zip Code) The rate of premium on this bond is $ Included in Performance Bond The total amount of premium charges is $ 0 per thousand. (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 1 am the Secretary of 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 of its governing body. Affix Corporate Seal GRACE HUDSON MUSEUM PARKING & STORMWATER IMPROVEMENTS 47 Spec 15 -09— Reflecting Addendum 1 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 i"il,lWenL� On NAG-1 i 2l0, 76( before me, ,_) u t, \ft '11\A - G trc1� 3 � y 'P�t @ U (insert name and title of the officer) personally appeared L &III ,U L M L w who proved to me on the basis of satisfactory evidence to be the person(�s`) whose namere subscribed to the within instrument and acknowledged to me that,7se he /they executed the same in i Iher /their authorized capacity(iisT' and that by /her /their signatureJs)'on the instrument the person( or the entity upon behalf of which the person, 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. (Seal) JULIA M. BAGGETT COMM. #1982721 R1 NOTARY PUBLIC • CALIFORNIA m HUMBOLDT COUNTY U% A1yComm. ExpiresJuly v� 1•�"'PV,r KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: MANUEL B. MELLO BRADLEY Z. CLARK JAMES G. GRAY MICHAEL K. HALL RONDA F. TUOMALA SANTA ROSA CA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of SEVEN HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS $ 750,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, thatthe president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature thatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authorityto execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for 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 the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 131h day of February , 2014 . 4:1"11% 40;Ilmol Ae �, pe.. .+ Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company 6 �� / and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, _ _ L..� 0, SEAL:, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance ` � �I ` Ar Company ft',..? yw,, ♦ osuw r��7 • . ;SEAL , j % ;,SEAL 10 4� = , X44 1.i 41101•111i. 40001111 in %, ' �yy�?`� , Sandy Ally P ` / A Notarial Seal —Iowa Of SEAL:: / ''SEAL' • Commission Number 152785 4 ;.• Notary Public �� 'a°Rris�� My Commission Expires March, 24,2017 My Commission Expires \ate \ate CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of 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 Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 13"' day of February , 2014 , before me came the above -named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 26th day of August 20 15 . This Power of Attorney Expires 05/21/16 BDJ 1(03 -14) 00 06085 Secretary