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HomeMy WebLinkAboutGregg Simpson Trucking 2021-10-21 COU No. 2122-145 SHORT FORM CONSTRUCTION CONTRACT This Agreement is made and entered on 10/21/2021, in Ukiah, California, by and between Gregg Simpson Trucking, a CA Sole Proprietor ("Contractor") and the City of Ukiah ("City") , a general law municipal corporation. RECITALS : 1 . The plans and specifications for this work ("the Work") are contained in Exhibit A - Bid Specification, which is attached hereto and incorporated herein by this reference. 2 . Contractor is properly licensed and qualified to perform the work. 3 . Whenever this Agreement calls for City approval or notification, the approval or notification must be signed by the City Manager or his or her designee. AGREEMENT: Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows . 1 . PERFORMANCE OF THE WORK Contractor will perform the Work as further provided herein. 1. 1 Time of Performance. Contractor shall commence the Work when receiving a formal Notice to Proceed, and shall complete the Work as soon as possible. 1 . 1 . 1 . ❑ [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1 . 1 . 2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1 . 13-1 . 14, below, the Contractor will pay to the City the sum of five hundred dollars S:u\agrtms06\short form construction contract October 21, 2021 1 ($500 . 00) per day for each and every calendar day' s delay beyond the time prescribed. 1 . 1 . 2 ❑ [check if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges . 1.2 Construction of Contract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification. 1 .3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work. 1 .4 New SB 854 requirements 1 . 4 . 1 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725 . 5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771 . 1 (a) ] . 1 . 4 . 2 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725 . 5 . 1 . 4 . 3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations . S:u\agrtms06\short form construction contract October 21, 2021 2 1 . 4 . 4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE . Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE . 1 . 4 . 5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR §16451 (d) . ) 1 .5 Use of Employees . 1 . 5 . 1 . Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics . 1 . 5 . 2 . Contractor shall comply with the California Labor Code Section 1775 . In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50 . 00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive . In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1 . 5 . 3 . Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all S:u\agrtms06\short form construction contract October 21, 2021 3 holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it . 1 . 5 . 4 . City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 1 . 5 . 5 . Travel and Subsistence Payments . Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773 . 8 of the Labor Code (Chapter 880, Statutes of 1968) . 1 . 5 . 6. Apprentices . Attention is directed to the provisions in Sections 1777 . 5 (Chapter 1411, Statutes of 1968) and 1777 . 6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices . Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices . Copies of Labor Code Sections 1771 (requiring prevailing wages) , 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages) , 1776 (requiring contractor to maintain available for inspection certified payroll records) , 1777 . 5 (requiring certain apprenticeship programs) , 1813 S:u\agrtms06\short form construction contract October 21, 2021 4 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and 1,2 for overtime) are available at the Department of Industrial Relations website at http: //www.dir. ca.gov/ 1. 6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor' s performance of the Work. The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City' s prior written approval . City shall notify the Contractor in writing, if it designates an Inspector. 1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1. 8 New Products Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided. 1. 9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations . The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. 1. 10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws . S:u\agrtms06\short form construction contract October 21, 2021 5 1. 11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. 1. 12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1. 13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor' s expense, any failure to conform, or any defect. [Initial if following sentence applies / / / /] CITY shall retain o of the Contract Amount to secure the Contractor' s warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1. 14 . Extension of Time. Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays . Any claim by Contractor for a time extension based on unavoidable S:u\agrtms06\short form construction contract October 21, 2021 6 delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order. 1. 15. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 1. 16. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m. , nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. S:u\agrtms06\short form construction contract October 21, 2021 7 1. 17 . Hours of Labor. Eight (8) hours of labor shall constitute a legal day' s work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 1-2 times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25 . 00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. 2 . CONTRACT PRICE CITY shall pay the Contractor for performance of this Agreement a total Lump Sum amount of $42, 000 . 3 . PAYMENT OF CONTRACT PRICE 3 . 1 City shall pay any invoice for completed work, and approved by the City, within thirty (30) days of its receipt by City. All payments under this contract shall be made upon the presentation of certificates in writing from the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 4 . INDEMNIFICATION AND INSURANCE. 4 . 1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. S:u\agrtms06\short form construction contract October 21, 2021 8 The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor' s execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor' s responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re- erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys ' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers ' or workmen' s compensation acts, disability benefit acts, or other employee benefit acts . The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. S:u\agrtms06\short form construction contract October 21, 2021 9 The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 4 .2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors . 4 .2 . 1 . Minimum Scope of Insurance Coverage shall be at least as broad as : 1 . Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001) . 2 . Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) . 3 . Worker' s Compensation insurance as required by the State of California and Employer' s Liability Insurance. 4 .2 .2 . Minimum Limits of Insurance Contractor shall maintain limits no less than: 1 . General Liability: $1, 000, 000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2 . Automobile Liability: $1, 000, 000 per accident for bodily injury and property damage. S:u\agrtms06\short form construction contract October 21, 2021 10 3 . Employer' s Liability: $1, 000, 000 per accident for bodily injury and property damage. 4 .2 .3 . Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses . 4 .2 . 4 . Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions : 1 . The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations . General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance, or as a separate owner' s policy. 2 . For any claims related to this project, the Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, volunteers . Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the Contractor' s insurance and shall not contribute with it. 3 . Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to the City. S:u\agrtms06\short form construction contract October 21, 2021 11 4 .2 .5 . Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best' s rating of no less than A- for financial strength, as for long-term credit rating and AMB-1 for short-term credit rating. 4 .2 . 6. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City' s forms, provided those endorsements or policies conform to the requirements . All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time . 4 .2 .7 . Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services S:u\agrtms06\short form construction contract October 21, 2021 12 performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall: a. retain any amounts earned under the Contract but not yet paid by City; b. take possession of all material and fixtures on the job site; C. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7 . ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of City. 8. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Con- tractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall S:u\agrtms06\short form construction contract October 21, 2021 13 have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker' s compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a sub- stantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10 . GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County. 11 . SEVERABILITY. If any provision of the Agreement is held by a court of com- petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and S:u\agrtms06\short form construction contract October 21, 2021 14 effect without being impaired or invalidated in any way. 12 . INTEGRATION. This Agreement, including the exhibits attached hereto, contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties . No amendments to this Agreement shall be binding unless executed in writing by all of the parties . 13. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 14 . NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, telefaxed or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows : CONTRACTOR CITY Gregg Simpson Trucking City of Ukiah 11 Highland Court 300 Seminary Ave. Ukiah, CA 95482 Ukiah, CA. 95482 Email:Gregg.simpson@comcast.net Email :mwilliamson@cityofukiah. com FAX: 707-468-7448 Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. S:u\agrtms06\short form construction contract October 21, 2021 15 15. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 16. EXECUTION OF AGREEMENT. . This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. CONTRACTOR CITY OF UKIAH By: Sage Sangiacomo City/ _Manager California Contractor' s License Number [Number or N/A] S:u\agrtms66\snort form construction contract October 21, 2021 16 EXHIBIT A PAGE I OF I REQUEST FOR BID 1320 AIRPORT ROAD 1.City J of Ukiah UKIAH,CALIFORNIA 45482 P: (707)467-5777, ■�r wrwrr� DATE: 9/23/2020 Bids muv be emailed,faxed, or hand delivered, to the contact information listed REQ.NO. E38915 herein, and by the specified deadline, or the bid will be rejected. rr SIDS WILL BE RECEIVED UNTIL Submitted by: L7 f e r< ,r{. ,� 2:00 p.m.,October 12, 2021 (Company Name AT THE OFFI(,'E OF THE BUYER II &Address) ala"Vk C�y 1320 AIRPORT ROAD,CITY of UKIAII BY- Mary Williamson 1— f� i .4 c 5� ��• Errtaii: mwiiliamsonLciryofukiah.cam BIBS ARE REQUESTED FOR THE FOLt.DWENG ITEMS: ALL BIDS SHAM., BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE EXTENDER PRICE All labor,materials and equipment including any incidentals for the deep ripping- and cross ripping -of all 3 Percolation Ponds at the Wastewater Treatment Plant as per details f rn Specification PI 38915. 1-Lump Sum Pond#1-Middle Pond 1 rul -I-Lump Sum Pond#3-North Pond cur 1-Lump Sum Pond#2-South Pond-To be done last-when pond has drained / Payment Terms: N30 SIGNATURE: ,� ter, DATE: r'r' +Z_ LEAD TIN R ARO: ?, g P121NT NAME: , PHONE: 7c 7 '1!v�' t G) y . N TERMS: 1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent(5%).up to a maximum allowance of$2,500,on any bid for supplies,equipment and/or materials per Ukiah City Code Section 1522.13-4- A Local'Vendor is defined as one which, 1)conducts business in an office or other business premises with a physical location in Mendocino County,2)holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location,and 3)has conducted business in compliance with 1)and 2]for not less than six(6)months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid,where one bidder is local,the other is not,and the bid is equal in price and quality,the award shall go to the Local Vendor, 2.might Is reserved to reject any and all bids. 3.Right is reserved to accept separate Items unless specifically denied by bidder. 4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5.In CASE OF DEFAUL-f,the City of Ukiah may procure the Items quoted an tram other sources and hold the original bidder liable for any Increased costs. 6. 1 he price,terms,delivery point,and delivery date may Individually or collectively be the basis of the awarding of the bid. 7.In submitting the bid,bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bId Clue date,unless a different time period is specified in KF6. ss. niacer agrees ro perform accoming 10 as old,If me t,rtys acceprance Is communlcarea io me oloaer wlmin ine nine speclflea in number r aoove. REQUEST FOR BID City of Ukiah SPECIFICATION E38915 Percolation Ponds 1-3 Scarification September 23, 2021 Bid Due Date 2:00 P.M. October 12, 2021 I. Introduction City of Ukiah is seeking bids from qualified Contractors for deep ripping scarification of the three percolation ponds at the Wastewater Treatment Plant,located at 300 Plant Road,Ukiah,California 95482 II. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid(RFB)is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet,to obtain the lowest possible price,consistent with the City's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the City's bidder's list. III. Contact Person The City has designated Mary Williamson, Buyer II as the contact person for questions related to the work requested.Questions are to be submitted in writing,and can be done so by e-mail at mwilliamson(&cityofukiah.com. IV. Examination of the Site The Contractor should familiarize himself with the local conditions of the project sites, and shall be responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in no way relieve him/her of the responsibility for performing any of the work or operations required as part of this contract. V. Bid Submittal Instructions Bids can be submitted in hardcopy,fax,or by email. Bids are due on or before 2:00 PM,October 12,2021 to: City of Ukiah Purchasing Department Attn: Mary Williamson 1320 Airport Road,Ukiah Phone: (707)467-5777 Email: mwilliamson&cityofukiah.com It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date.Late bids will not be considered and will be returned unopened to the sender.The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response. VI. Scope of Work The City of Ukiah is soliciting bids to deep scarify(rip) - and cross scarify-three percolation ponds at the Wastewater Treatment Plant. The Contractor will be responsible for providing all labor, materials and equipment,including any and all incidentals,necessary for the completion of the work.Pond#1 (Middle Pond) and Pond#3 (North Pond)would be completed first. With Pond#2 (South Pond)to be completed at a later date,when dry. Bids will be for all 3 ponds but will be separate line items.•See Attachment A for pond locations.Size of each City of Ukiah SPEC#E38915,Percolation Ponds Scarification-RFB Pond us approximately 1850 feet long by 352.5 feet wide (dimensions average, as each pond isn't exactly rectangular) The Contractor shall utilize ripping tip extensions, on their equipment, that are specifically designed for the deep penetration scarifying of the percolation ponds.In order to ensure effective percolation, the deep scarification shall penetrate the bottom soils of the pond at a range no less than 40 inches below the top surface of the subject soils. Each pass needs to overlap one-half the width of the previous pass. Cross scarifying to be at approximately 90 degrees to the long previous passes.The Contractor is to conduct the work in such a way to keep the dust to a minimum and shall take any measures required by the local Air Quality Management authorities to control fugitive dust. On a daily basis,the Contractor shall keep the site of work and adjacent premises safe and as free from material,debris,and rubbish as practical.Contractor shall confine equipment operation to the pond bottom, access the ponds only at designated point(s), and avoid damage to levee slopes. VII. Pricing Lump sum pricing is requested for each pond separately,and shall include all operational costs,materials,fees (such as move-in,move-out fees),and any incidentals necessary for the completion of the work as described in this bid request. VIII. Terms The City asks that vendors specify their desired payment preferences in their bid response.The actual payment terms of the contract will be open for negotiation during the contract phase.If no special payments are requested prior to issuing the work,the City will assume net 30 terms. The City reserves the right to award to the lowest,responsible bidder. The City also reserves the right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. In addition,the City reserves the right to make the selection of specific parts of a bid,or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction Contract",Attachment B. IX. Addenda If it becomes necessary to revise any part of this Request for Bid(RFB)after it has been issued,the City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City's website at www.cityofakiah.com/purchasing with the rest of the RFB documents. Anyone who intends to submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. X. Warranty Unless otherwise indicated,the Contractor must provide a 1 year workmanship warranty from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. XI. Bidder Oualifications The City will satisfy itself that the potential contractors are reputable firms with a proven track record and a proven product. Contractors are asked to provide the information requested under Work Performance History Capability. References are to be those who you have performed similar scope of work as asked for in 3 City of Ukiah SPEC#E38915,Percolation Ponds Scarification-RFB this RFB.References are to include the contact name and phone number.A minimum of three references are requested. XII. Insurance Requirements Bidder's attention is directed to the insurance requirements — see Attachment C. Contractors shall furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's Compensation laws of the State of California,Comprehensive General Liability and Business Auto Insurance with policy limits of not less than$1,000,000 naming the City as an additional insured party. It is highly recommended that contractors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance requirements,that contractor may be disqualified from award of the contract.If you have questions regarding the City's requirements,please contact the City's Risk Manager at 707-463-6287. XIII. License and Additional Requirements 1) Compliance with Laws and Regulations: All materials,parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall,if requested by the City, supply certification and evidence of such compliance. 2) Payment Bond: Asper California Civil Code Section 9550,a direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before commencement of work, give a payment(material and labor)bond to and approved by the officer or public entity by whom the contract was awarded. Please refer to Attachment D for a copy of the sample form. 3) Legal Requirements and Permits: The contractor agrees to fully comply with all local,City,State and Federal laws,regulations and ordinances governing performance of contractual services required,and it will be the responsibility of the contractor to obtain any and all necessary licenses,permits or clearances,including the actual cost of licenses. 4) License Requirements: Bidder/Contractor must possess a current State of California contractor's license and a City of Ukiah business license. (For information business license,please contact Kathy Norris, City of Ukiah Finance Department at 707-463-6202.) a) The Contractor shall possess a valid State of California Class A or Class C12 license. Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work.Employees actually performing the tasks shall provide proof of proper certificates of registration for same. b) The bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used,bidder shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 5) Notice to Bidders—Contractor Registration and Prevailing Wages—No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 4 City of Ukiah SPEC#E3891 S,Percolation Ponds Scarification-RFB Public Works Small Project Exemption: Small project exemption means that contractors who work exclusively on small projects are not required to register as public works contractors or file electronic certified payroll reports for those projects. However,prevailing wages must still be paid on projects with small project exemption. Contractors are still required to maintain certified payroll records on a continuous basis, and provide those records to the Labor Commissioner's Office upon request. Small project exemption is applied based on the amount of the entire project, not a contractors subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition or repair; and$15,000 for maintenance. Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid,pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California,the Director of the Department of Industrial Relations, State of California,has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation,pension and similar purposes,copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done can be reviewed at Website: www.dir.ca.F,,ov/dIsL/pwd/northem.html . The Labor Commissioner through the Division of Labor Standards Enforcement(DLSE) may at any time require contractor and subcontractors to furnish electronic certified payroll records directly to DLSE. For projects that do not meet the "Public Works Small Project Exemption", contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 5 City of Ukiah SPEC#E38915,Percolation Ponds Scarification-RFB INDEMNIFY AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity,and to defend indemnity,hold harmless and release the City,its officers,agents and employees,from and against any and all actions,claims,damages,disabilities,or costs of litigation that maybe asserted by any person or entity,arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent,passive or active negligence on the part of the City,but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmeds Compensation acts, disability benefits acts or other employees benefits acts. Contractor shall be liable to the City forany loss or damage to Cityproperty arising from or in connection with Contractor performance hereunder. The undersigned acknowledges that this document, together with the resulting purchase order issued by the City,the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties. The undersigned declares they are familiar with the items specified and have carefully read the RFB specification/requirements,checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this bid. This bid is submitted by,(check one) Individual Owner Partnership _Corporation _Other Legal Name of Bidder S'�4 Jam!I>t.PS c..�.. -T;7, QAx-:f1q AddressofBidder // 1ir'eth,P"d (+ LC.Y 9J, CA- 75'/82 Tax ID# _'Iq Z2-99 SS-i Phone Number �6J giiog I IP54 Fax Number t4jok • 7 Y U 8 California State Contractor's License#: (Q S O 3 3 9 Expiration Date: 9 -4) 2n 23 DIR Public Works Contractor Registration M jOoo 00/3c,3 By, Date /o. !Z, ?024 Signature Print or Type Name: ba�i.ER2. SIr1t�13 en) PwtiPY Title 6 City Of Vkiah SPEC NE38915,Percolation Ponds Scarification-RFR WORK PERFORMANCE DATA HISTORY AND CAPABILITY:Provide the name,Wations and a narrative statement on the work performed. WORK PERFORMED 1. COMPANYNAME: r , CONTACT: MQC(+ t*KY L oars ADDRESS: 4It tag C7ag< LLe-" a' �rr�i Ne D8N[�s PHONE 7cz 14 Ip3- (e 23 3 rrt:� i n 2. COMPANY NAME t.t�'al C.0 Lxx-.c'L- V i..¢eaTOvt( I'�cr fL 27uOtaaa. CONTACT -T kc— -6 s 't t q. a 2 ADDRESS Sc� .S2n-A�'"cvy A.oe LL*—-a- PHONE: -7O-7 4la347oi 3. COMPANY NAME: C.t v GI.Y_.r-ca-�- l9Y-4te. 4�. d-&e1 J CONTACT: mec:14 f-6'gar t('W-5u4A,- 19�'•�6 t ADDRESS 5vO /JCY't' ! PHONE: 4((/e7- !P'23 8 3 Pr'ro: R� D - 4. COMPANY NAME:SCi�•AJ, W W p4, l3�A Y, kr- 201'7 fw. � CONTACT: Gtr'ca.(oLi++. YY�t'+c.S F'a•� ADDRESS: 3Na(aXr.J+1v�t/RMci.-.c Dr l[Y'c*R. 1 `Y 00 q/ PHONE: 2.711 ' 5. COMPA14YNAME: [[OUtr /0g.-c Oc SorU.0 CONTACT: AV& &JAA-ictlr_ ADDRESB: Cc1tt/r-nL$S Dez4-� Qy(r..ta�.f PHONE: CL✓t�G�. WA310l' -IQ>we. (1L. qod Jrodi-r- 7 City of Ukiah SPEC 8E38915,Percolation Ponds Scarlfwation-RFB LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and anv amendments thereof,each bidder shall set forth(a)the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who,under subcontract to the prime contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess ofone-half of 1 percent of the total bid and(b)the Califar is Contractor License Number for each subcontractor,and(c)the portion of the work to be done by each subcontrachm. See General Conditions Section 1-09.) Include with the name ofeach sub- contractor their Department of industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR DER DESCRIPTION NAME LICENSE NUMBER REGISTRATION BUSINESS OF WORK NUMBER ADDRESS 8 City of Ukiah SPEC#E38915,Percolation Ponds Scarification-RFR Calffornle State Contractor License# DIR Public Works Contractor Registration# BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (Submit with Bid) PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: RPFCM915. Pnrrnlatinn Ponds /-3 Rrariflcaadan Should well be awarded the contract,we/I certify that we/I can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will complywith the provisions of Section 3700 ofthe Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code,before commencing the performance of the work specified. DGar I"L(„ Please Print (Person,Pimr,oror Corporation) i"n 9,L4--zv Signklik of Authorized Representative Please Print (Name&Title of Authorized Representative) /0. 12-- ZoM 7D-746n9 1&5L/ Date Phone Number 9 ATTACHMENT A Page ] of 2 E001 yet JSs�ao Z 1 0 200 400 600 1 Approximate Graphic c Scale in Feet 1 'm 1 a 1 m ' L O N V I ' 1 r Percolation Percolatic n Percolation Pond Pond Pond c No.3 No.1 No.2 J J w f?. a 0 0 al Q. Dike Drainage Ditch--- -Effluent I E002 (Typ.) Pump Station I 1 Chlorine 1 Contact Sludge Dike 42"Nort Sludge I Chamber Digesters Lagoon ' 1 Interceptc r No.1 I Sludge Seconds © Lagoon Sed.Tan s No.2 Synthetic' Media Tri kling 0p 'KP ump Filter Rock SouthInter�ceptor Trickling Filter �"' Primary Sed.Tanks Kennedy/Jenks Consultants Ukiah Wastewater Treatment Plant Facilities Plan Site Plan of Existing Facilities TO g.F K/J 920524.00 May 1993 tn Uktal� �e HWY 10 Fi°ure 4-2 . r _ N t 1 El rr ty l: rr rr Av ANUMEW s I -1 "` Cit k ah ATTACHMENT B INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. I. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability— Completed Operations Form No. CG 20 37 10 01). B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). C. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. II. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis. B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis. C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease. III. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee. IV. REQUIRED Insurance Provisions Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers' compensation policy. C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. Rev: 11/20/08 Page 1 of 2 D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. V. RATING -Acceptability of Insurers Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. VI. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. VI I. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. If you have questions regarding our insurance requirements contact: Risk Manager (707) 463-6287 FAX (707) 463-6204 Rev: 11/20/08 Page 2 of 2 ATTACHMENT D CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, AS PRINCIPAL, and AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of dollars ($ ) 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 20 , 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 day of 20 In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) WITNESS: (SEAL) (Corporate Principal) (Business Address) (City/State/Zip Code) ATTEST: (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) ATTEST: Affix (Corporate Surety) Corporate Seal (Business Address) (City/State/Zip Code) The rate of premium on this bond is $ per thousand. The total amount of premium charges is $ (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, 1 certify that I 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 DIRECTIONS FOR PREPARATION OF MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract(original counterpart) intended for signing. �, _ . ,._ YG�1 VGIGI�LI�I Signature: Signature: oarcyvaugnn(Oct z,zoz114:32 POT) Email: mhorger@cityofukiah.com Email: dvaughn@cityofukiah.onmicrosoft.com Signature: �,t,L Email: smannion@cityofukiah.com