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HomeMy WebLinkAboutDoolittle Construction 2022-06-15 COU 2122-244 CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 22-01 THIS AGREEMENT, made this 15th day of Tune , 20 22 , by and between the City of Doolittle Construction L1.(:_DRA Ukiah, Mendocino County, California, hereinafter called the City and Doolittle Road Construction 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 Fifteen (15) 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. SLURRY SEAL OF LOCAL STREETS 53 Spec NO.22-01 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 SLURRY SEAL OF LOCAL STREETS 64 Spec NO.22-01 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) 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. SLURRY SEAL OF LOCAL STREETS 55 Spec NO.22-01 (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 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 JI 20 2,4. CITY OF UKIAH, MENDOCINO COUNTY. CALIFORNIA By FITIWMA A ER I F XUKI Attest: CITY CLERK, CITY OF UKIAH By: CO OR Attest: Title: CEO The foregoing contract is approved as to form and legality this S day of 'J ` 20 . CITY ANdAREY, CITY OPlJKfAq SLURRY SEAL OF LOCAL STREETS SB Spec NO.22-01 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on June!s , 20 22 by and between the City of Ukiah (Ukiah) and Doolittle construction LLc asA Doolittle Road construction (Contractor). Contractor is performing work per the plans and specs for Slurry Seal of local Streets,Spec No.22-01 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 BY: TITLE: GecD SLURRY SEAL OF LOCAL STREETS 57 Spec NO.22-01 CITY OF UKIAH Mendocino County, California BOND No. PB00194200126 PERFORMANCE BOND "Doolittle Road Construction KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the"City")has awarded to Doolittle Construction LLC DBA" ,(hereinafter referred to as the "Contractor") an agreement for Contract No. 22-01 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated 6/15/2022 , (hereinafter referred to, together with all attachments and exhibits thereto, as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Doolittle Construction LLC DBA NOW, THEREFORE we, Doolittle Road Construction the undersigned Contractor and Philadelphia Indemnity Insurance G�ompany as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of Four Hundred Ninety Two Thousand Six Hundred Sixty SW ($ 492,666.04 ),for which amount well and truly to be made,we bind ourselves, our heirs ,executors and administrators, successors and assigns,jointly and severally,firmly by these presents. and 041100 Dollars THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys'fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or SLURRY SEAL OF LOCAL STREETS 58 Spec NO.22-01 i ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable_ The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] SLURRY SEAL OF LOCAL STREETS 50 Spec NO,22-01 IN WITNESS WHEREOF,we have hereunto set our hands and seals this 17th day of June 2022• Doolittle Construction LLC DBA Doolittle Road Construction (Corporate Seal) Contractor/Principal By Title Cleo (Corporate Seal) Philadelphia Indemnity Insurance Company Surety Attorney-in-Fact (Attach Attorney-in Fact Certificate) Title Jim S. Kuich, Attorney-in-fact $100,000 @$151thousand $392.666 04 Q$10lthousand The rate of ppremium on this bond is per thousand. The total amount of premium charges is$ 5,427.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Philadelphia Indemnity Insurance Company 1420 Fifth Ave., Suite 3510 Seattle, WA 98101 (Name and Address of Agent or HUB Northwest Representative for service of process in PO Box 3018 California, if different from above) Bothell,WA 98041-3018 (Telephone number of Surety and Agent (425)489-4500 or Representative for service of process in California) SLURRY SEAL OF LOCAL STREETS :l Spec NO.22-01 CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. PB00194200126 KNOW ALL PERSONS BY THESE PRESENTS: Doolittle Construction LLC DBA Doolittle Road Construction WHEREAS, the City of Ukiah 'City") has awarded to ("Contractor/Principal") a contract (City Agreement No. 2-01 , dated 6/15/2022 , referred to as the "Agreement") for the work described as Slurry Seal of Local Streets . The Agreement is incorporated by this reference into this Payment Bond ("Bond"); and WHEREAS, ContractorlPrincipal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; *Philadelphia Indemn.ty Insurance Company NOW, THEREFORE, we Doolittle Construction LLC DBA Doolittle Road Construction the undersigned Contractor/Principal, and " ("Surety"). a corporation organized and existing under the laws of the State of PA and duly authorized to transact business under the laws of the State of California. as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100,or any person, company, or corporation entitled to make a claim on this bond, in the sum of$ Four Hundred Ninety Two Thousand** for which payment will and truly be made,we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally, firmly by these presents. **Six Hundred Sixty Six and 041100 Dollars ($492,666.04) THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100;or fail to pay for any materials, provisions,or other supplies, used in, upon,for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind,or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond,also will pay such reasonable attorneys'fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials,or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover en the bond;and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to thcs?for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. SLURRY SEAL OF LOCAL STREETS 61 Spec NO.22-01 Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: Attn: Jim Kuich Address: 12100 NE 195th Street, Suite 200 City/State/Zip: Bothell,WA 98041-3018 Phone: (425)4894500 Fax: (425)368-4799 Email: jim.kuich@hubinternational.com IN WITNESS WHEREO,two identical counterparts of this Bond,each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on thel?thday of June 2022 . Doolittle Construction LLC DBA Doolittle Road Construction (SEAL) ContractorlPrincipal By Contractor's Repre ive PO Box 1819 Contractor/Principal's Address Snoqualmie, WA 98065 City,State,Zip Philadelphia Indemnity Insurance Company (SEAL) Surety By ety's Representative Jim S. Kuich,Attorney-in-fact PO Box 3018 Surety's Address Bothell, WA 98041-3018 City,State,Zip (425)489-4500 Telephone Number NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City. SLURRY SEAL OF LOCAL STREETS 62 Spec NO.22-01 ATTORNEY-IN-FACT ACKNOWLEDGEMENT STATE OF WASHINGTON _) ss: COUNTY OF KING } On this 17th day of June, 2022.. before me, the undersigned, a Notary Public in and for the said State, personally appeared Jim S. Kuich, known to me to be the Attorney-in-fact for Philadelphia Indemnity Insurance Company whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. %4� oM: p�<F�,y�' Emma C. Doleshel NOTARY PUBLIC nrorpr�r My commission expires:12/01/2025 cn: iusuc "7 00 �v4' 30:. R. SH`N���`� PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 Steven M.Wagner.Michael A.Murphy,Jim W.Doyle,Chad M.Eonle,Jim S.Kuich,Julie M.Glover,Theresa A.Lamb,Danielle Enrivuez,Sarah H.Behrens,Emma C.Doleshel and Hesther L._Allen of HUB International Northwest,LLC 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 $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'"of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company (1)Appoint Attorney(s)in Fact and authorize the Attorney(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and (2)to remove,at any time,any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH,2021. (Seal) JofiGlob. President&CEO Philadelphia Indemnity Insurance Cr..mpany On this 5'b day of March,2021 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY,that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed Notary Public: c a<naawaetta afftmwards• Vamas Mdrem:ie,NotatyPu4tIG Montpomerycounty Myeoaur"$M expires kovember 3,2024 Commisskae number 13W3N m'AiOa'Pam"Nor ft wamn°r Ne"I residing at: Bala Cynwyd,PA My commission expires: November 3,2-324 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 5i°day March,2021 are true and correct and are still in full force and effect.I do further certify that John Glomb, 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. y, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this I fj / . day of 1927` == Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY %'z , •S' }�f f,