HomeMy WebLinkAboutT&T Paving, Inc. 2020-05-21 COU#1920-255
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
UKIAH VALLEY GOLF COURSE-STORM DRAIN REPLACEMENT PROJECT
SPECIFICATION NO.19-07
THIS AGREEMENT, made this 21st day of May 21 20 20 . by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and T&T Paving,Inc.dba valley Paving hereinafter
called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
contract documents for the work herein described and shown and has approved and adopted these contract
documents,specifications and drawings and has caused to be published in the manner and for the time required
by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this
contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction
of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best
regular responsible bidder for the work and for the sums named in the proposal,
NOW,THEREFORE,THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction;
shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature
necessary for completion of the work in conformity with the Special Provisions and other contract documents
hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall
complete the work within 20 (twenty) working 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
WGC-STORM DRAIN REPLACEMENT PROJECT 60 Spec.No.19-07
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 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.
UVGC-STORM DRAIN REPLACEMENT PROJECT 61 Spec.No. 19-07
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding
authority within a stated period that the violation has been corrected, his or her pre-qualification
rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof,
for each person who was denied employment as a result of such non-compliance, the penalties
provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered
from the Contractor.The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that
may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she
has or will meet the following standards for affirmative compliance, which shall be evaluated in
each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors,foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees' referrals (including unions, employment agencies, advertisements,
Department of Employment)of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report
shall also spell out the sources of the work force and who has the responsibility for determining
whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations
with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
UVGC-STORM DRAIN REPLACEMENT PROJECT 62 Spec.No. 19-07
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 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 , 20
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
CITY MANAGER, CITY OF UKIAH
Attest:
CITY CLERK, CITY OF UKIAH
jo� -
By:
,JOUNTRACTOR
Attest:
Title: Corp. Vcty.
The foregoing contract is approved as to form and legality this 9th day of June , 20 20
�. t
CITY ATTORNEY, CITY OF UKIAH
UVGC-STORM DRAIN REPLACEMENT PROJECT 63 Spec. No. 19-07
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on May 21 20 20 ,
by and between the City of Ukiah (Ukiah) and T&T Paving Inc.,dba Valley Paving (Contractor).
Contractor is
performing work per plans and specifications for Spec. 19-07-Storm Drain Replacement Project
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 -T&T Paving Inc. dba Valley Paving
BY:
TITLE: Corp. Secty.
UVGC-STORM DRAIN REPLACEMENT PROJECT 64 Spec. No. 19-07
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND Bond#PB10400900006
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, T&T Paving, Inc. dba Valley Paving, Inc.
AS PRINCIPAL, and
Philadelphia Indemnity Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City", in the penal sum of
One Hundred Fourteen Thousand, Six Hundred Seventy-One and 00/106oIlars ($114,671.00 )
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 May 21 12020
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 attorneys 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 May 2020
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)
UVGC-STORM DRAIN REPLACEMENT PROJECT 65 Spec. No.19-07
WITNESS• T&T Paving, Inc. dba Valley Paving, Inc.
G5L� (SEAL)
(Corporate P cipal)
2601 Road E
(Business Address)
Redwood Valley, CA 95470
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/State/Zip Code)
Philadelphia Indemnity Iny"fiTe—CNnp y
ATTEST
T ((Corporate Surety) Corporate
Sherryl C. Quint, Attorney-In-Fact Seal
One Bala Plaza, Suite 100
(Business Address)
Bala Cynwyd, PA 19004-0950
(City/State/Zip Code)
The rate of premium on this bond is$25.00, $15.00 per thousand.
The total amount of premium charges is$2,720.00
(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)
I, ');h4a 7AMNESCIAl certify that I am the
S► e# the corporation named as Principal in the foregoing bond;
that 4T ,who signed the said bond on behalf of the Principal,was
then _ 6 E _ of said corporation; that I know his signatu►e, and
that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for end in
behalf of said corporation by authority of its governing body.
A� Affix Corporate Seal
UVGC-STORM DRAIN REPLACEMENT PROJECT 66 Spec.No.19-07
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND Bond#PB10400900006
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, T&T Paving, Inc. dba Valley Paving, Inc.
AS PRINCIPAL,
and
Philadelphia Indemnity Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City" in the penal sum of
dollars ($114,671.00 )
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 May 21
2020 ,
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 attorneys 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 May 2020
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
UVGC-STORM DRAIN REPLACEMENT PROJECT 67 Spec.No.19-07
(City/State/Zip Code)
WITNESS:10,3�6,..__
T&T Paving, Inc. dba Valley Paving, Inc.
k.-I L;00__ L4zwd- au-e (SEAL)
(Corporate P cipal)
00,
2601 Road E
(Business Address)
Redwood Valley, CA 95470
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/State/Zip Code)
Philadelphia Indemnity Inrance Momany
ffix
`Corporate Surety) Corporate
Sherryl L. Quint, Attorney-In-Fact Seal
One Bala Plaza, Suite 100
(Business Address)
Bala Cynwyd, PA 19004-0950
(City/State/Zip Code)
The rate of premium on this bond is$25.00, $15.00 per thousand.
The total amount of premium charges is$2,720.00
(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
!!fSi PEW- e" of the corporation named as Principal in the foregoing bond;
that Aut.T ,who signed the said bond on behalf of the Principal, was
then Say-e-R.Ef y 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.
Ion - , Affix Corporate Seal
UVGC-STORM DRAIN REPLACEMENT PROJECT 68 Spec.No.19-07
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP(MAINTENANCE) BOND Bond#PB 1 04009000C
KNOW ALL MEN BY THESE PRESENTS,
That we, T&T Paving, Inc. dba Valley Paving, Inc.
as PRINCIPAL
and Philadelphia Indemnity Insurance Company
as SURETY,
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
Five Percent(5%)Of The Final Contract Amount
($5% ),
(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 May 21, 2020
for
Ukiah Valley Golf Course-Storm Drain Replacement Project
WHEREAS, said Contract has been completed, and was approved on the day of ,
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 26th day of May 12020
(Seal)
BY; IZ4 Q4-� (Seal)
T&T Paving, Inc.Vba Valley Paving, Inc. (Seal)
Principal
(Seal)
BY: A (Seal)
5herryl L. Quint, Attorney-n- a
Philadelphia Indemnity Insurance Company (Seal)
Surety
UVGC-STORM DRAIN REPLACEMENT PROJECT 70 Spec.No.19-07
43
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Christian B.Downey,Joseph A.Menicucc[,Sherry[L.Quint,Susan J.Vance of
Downey and Company its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of
indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed
SS010001000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141h of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017.
..
`z,��P'te•BSc:G�^,�
2
(Seal)
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27"day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is
the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
MM NWE F PENNMVMM
NOTARIAL SEAL
Alagen l(ngrp.m1q Puy& NotaryPublic:
Lower MerlonTftok lfiomery Courtly
Afy ComrMfsgn Eaplres Sept.t5.2g2I
[w rr,tt Iq
residing at: Bala Cynwyd,PA
(Notary Seal)
My commission expires: September 25,2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 271h day of October,2017 are true and correct and are still in full force and effect.I do further certify
that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this� day of 20 .
j 927 ; Edward Sayago,Corporate Secretary
-
=� ' ' ,r•A'r'o PHILADELPHIA INDEMNITY INSURANCE COMPANY
PHILADELPHIA INDEMNITY INSURANCE COMPANY