HomeMy WebLinkAboutUniversal Coatings 2022-11-02 COU 2223-141
SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on November 2, 2022, in
Ukiah, California, by and between Universal Coatings, Inc. , a CA
corporation ("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 by no later than March 17, 2023 .
1 . 1 . 1 . X [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
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($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 SB 854 requirements
1 . 4 . 1 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) ] .
1 . 4 . 2 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 .
1 . 4 . 3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations .
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
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payroll records directly to DLSE . 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
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
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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. E 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
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and 4 for overtime) are
available at the Department of Industrial Relations website at
http: //www.dir.ca.gov/
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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 .
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
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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 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
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
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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.
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
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COU 2223-141
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 1,� 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
time and materials with a total not to exceed amount of $59, 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.
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.
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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 .
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
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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 agents, representatives, employees or
subcontractors .
4 .2. 1. 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 .
4 .2.2. 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
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written on an occurrence basis .
C. Worker' s Compensation Employer' s Liability:
$1, 000, 000 per accident for bodily injury or disease
4 .2 . 3. 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.
4 .2. 4 . 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 .
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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.
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 .
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
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
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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
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
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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
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
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deemed, or shall constitute a waiver of any other prevision, 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, or deposited in the united
States mail with proper first class postage affixed thereto and
addressed as follows:
CONTRACTOR CITY
Universal Coatings City of Ukiah
5191 E. Dakota Avenue 300 Seminary Ave.
Fresno, CA 93727 Ukiah, CA. 95482
Email: kim@universalcoatings.net Email : mhorger@cityofukiah.com
Either party may change the address to which notices must ba sent
by providing notice of that change as provided in this paragraph.
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 iri 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.
Novembfis a, N22
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WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRA OR CTTY OF UK1AH
Kira Nulick Sage Sangiacomo
Executive Vice president City Manager
California Contractor' s License Number 717507
NavemBer 2, 2022
16
EXHIBIT A
PACE I Or 1
REQUEST FOR BID
Alk 300 SEMINARY AVENIE''
City
of Ukiah UKIAt7)t' 3-623lttalA95462
F'; ('7U7�4G3-G2.33
DATE: 9122/2022
Bich rrruy he emaileel,faxecl,ot,hu+Id rlclirrrerl,fr+Ift cornea irifilararafien?Udell REQ.NO. E38945
herein,rind by the spec(/ied deadline,or lire bid will be rejecwt..
111M WI1.1,BE RECEIVED UNTIL
Submitted by: Universal Coatincts, Inc. I00 .m.,October 6, 2022
(Company Name ATTIIEOFFICEOFTREFINANCIALSVCS htGli
&Address) 5191 F, Dakotp Avenue 132GAIRPORTROAO.CITYoruKlAif
IRY; Mary Horner
Ee gCA�Z Email; rnhorger@cityotukiah,coa
1HDS ARE.REQUILTran 17011 THE rol.LnWlrar VTKMs; ALL BIDS SHALL RE R.O.B. UKIAH, CA,
QUANTITY DESCRIPTION PRICE
All labor,niawrinlsand cquilinient necessary for Multiple Roof Rnpnirs anti Sealhillys tit the
WasletvAtcrTrcuuncnl Plant as per attacilcd Specilicaliou f.3Rr1A5.
RASE Biri:
1 [,irntip+Unr SItoP Hulloing »� •T —•-- - -
$ 20
000.00
I I:Inq+Sun► ASIi Ruilding —
$9,040,t70
1 Limp Sou► Ilrrlk Chcnnicsl Stonrge Rnrilding $ 1 Q,0Q0,00
$20.000.00
------------- --•------ ------------------------------- ------------------------------
TOTAL: S 59,000M
ADD AUYERNATE,BID ITFNI 1: __ _
Prlcc per squv*root limt rcpTosents labor0rtiy Illel will be Cilorged fbr work for mplacingdry mr
$ 40.00 per Sq.Ft.
Mandatury>prc-13ir1 Mcellnta
1:00 Imn.,September 291h,2022
Wastewater I'malment Plant Main Offices
300 Punt Road
Ukiah,Califanlla 95492
SIC NATU JDATE. October 06 2022 LEAD TIME ARO: 3013ays
PRINTNAME. Kim Wink,EVP PHONK- 559 233-t3300 FMAl1,:kim@llniverselcoalings.net
T Ri S;
1,LOCAL PREFLRENC E< Local VenCots shall be given an silowanGe of live portent(t%).Up t0 a ma%ImUm allowanOu Of 32.t30lt,On any bid for
supplies,equlpmenl andlor materlars per Ilrriah lily Code Section 1522.13.4. A Local Vendor Is dellned as one which,1)conducts business In an
office or other business promises with a physical loeapon In Mendocino Gounly,2)holds it valid buslrtoas license Issued by Mendocino County
or one of the cities In Mendocino County lar that business location,and 31 has conducted business In compliance with 1)and 2)for not less than
stir 0)months prior to raquesorrg the preference, The City shall reeelvo sallslaclory proof that a twsiness qualifies as a local vendor before it
may receive the local preference. In Ina event trial Thera Is a tie bid,where one bidder Is local,the other is not,and the bid is equal In price and
quatlly,tree sward shrill g0 to the Local Veridor-
2.Right Is reserved to re)eol any end all bids,
3,Right Is reserved to accept separate items unless specillcally denlod by Udder,
4,Right I$relarved to reject a bid frorn any bldrrer who has previously tailed to perionn adequately for the city of Ukiah.
S.In t:ASL 01-Uhl-AUL 1,the City at Ukiah may procure itrie Items quoted an from olner source$and hold the original bidder liable Vary Increased
costs.
6.Tna price,terms,delivery point,and delivery date mey Individually or collectively he the basis of the awarding of the bid.
7.in submitting Ins Did,bidder agrees that the bid shall remain open and may not be revoked or withdrawn tar 60 days from the old aun date,unless
a dlllarant brio period Is spocillod In RFd.
III. Bidder agrees toper forin according to Its bid,if the clty's acceptance is communicated to the bidder wilhin file Lima apmlfled in number 7 alcove,
REQUEST FOR BID
City of Ukiah
SPECIFICATION E38945
Multiple Roof Repairs and Roof Sealings
at the Wastewater Treatment Plant
September 22, 2022
Mandatory Pre-Bid Meeting
Thursday, September 291h, 2022
1:00 pm
Location: Wastewater Treatment Plant, 300 Plant Road, Ukiah, CA 95482
Bid Due Date
1:30 pm October 6, 2022
City of Ukiah Multiple Roof Repairs and Sealings at WWTP—RF.B E38945
1. Introduction
City of Ukiah is seeking bids from qualified Contractors to evaluate and repair and seal existing roofs
of 4 different structures located, at the Wastewater Treatment Plant at 300 Plant Road Ukiah,CA 95482.
lI. Bid Procedure
PLEASE TAKE NOTICE: This Request for Sid(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 ofstate law
governing RFB's for Public Projects. The procedures governingopen 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 C4'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.
11). Contact Person
The City has designated Mary Horger,Financial Services Manager,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
mhorger ciWfukiah.com.
IV. Mandatory Pre-Bid Meeting-Examination of the%je,
A mandatory pre-bill conference will be held at 1:00 p.m.,September 29111,2022 at the project site
located at the Waste Water Treatment Plant Main Offices,300 Plant Road,Ukiah,to fully acquaint interested
Contractors with local conditions, construction and labor required so that he or she may fully understand the
facilities,difficulties and restrictions attending the execution of the work under the Contract.l~ailureto attend
the mand_ator rLbid Qonference will be just cause for the bid to be rejeQed as non-res oonnsive. Bidders shall
thoroughly examine and be familiar with the Plans and Special Provisions.
Oral statements or instructions made during this visit will not constitute an amendment to this
solicitation. The City will determine the appropriate action necessary, if any, and may issue a written
amendment to the bid request.
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 atl problems affecting it. Failure to doso 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. Did Submittal Instructions
Bids can be submitted in hardeopy,fax,or by email. Bids are due on orbefom 1:30 pm on October
0% 2022 to:
City of Ukiah Purchasing Department
Attn: Mary Horger
411 West Clay Street, Ukiah,Ca.95482
Phone: (707)463-6233
Email: mhor er 4lci!y0fukiah coin
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing
2
City of Ukiah Multiple Roof Repairs arrd Sealings at WWTP—RFB E38945
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 Contractor will be responsible for providing all labor,materials and equipment necessary for the
completion of the multiple roof repairs and sealings at the buildings listed below. If offering equivalent
materials,Contractor to indicate on their bid response,and provide information regarding the equivalent with
their bid. Pictures of the buildings has been provided as Attachments A, B, and C.
The following is a list of Waste Water Treatment Plant buildings,and existing roofs:
• Shop Building: 2,974 square feet(approximate)
o Existing Roof: Corrugated Metal
o Repair and seal.
o Reseal all seams and vents.
• ABB Building: 1,431 square feet(approximate)
o Existing Roof: Corrugated Metal
o Repair and seal.
o Reseal all seams and vents.
• Bulk Chemical Storage Building: 1,680 square feet(approximate)
o Existing Roof: Concrete Roof, PVC Lined
o Repair and seal.
o Repair rusted damage on the Southeast side of roof.
o All Materials Safety Data Sheets have been included as Attachments D, E,and F.
• Daft Building: 2,340 square feet(approximate)
o Existing Roof: Concrete Roof, PVC Lined
o Repair and seal.
o Reseal all seams and vents.
DMRot. In the instance where dry rot is discovered during the course of the work,the Contractor will
repair and replace. The City will inspect and approve all dry rot sections prior to repair. Contractor is
requested to price this separately,to include labor only. The City will be responsible for all lumber materials
necessary for repair of any discovered dry rot.
Work schedule should be based on working Monday thru Friday, 7:00 a.m. through 3:30 p.m.,
excluding City holidays.
Contractor will be required to provide adequate protection from weather for the building and its
contents throughout the job.
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. All roofing and construction debris created by project must be
cleaned up, removed, and be disposed of properly and recycled if practical. Hauling and dump fees are the
3
Cite of Ukiah Afsiltilile Roof Repairs and Sealings fit IYOVI—RF8 E38945
responsibility of the Contractor.
Project is to be completed within 90 working days after bid award. Contractor will pay to the City the
sum of rive hundred dollars ($500,00) per day for each and every calendar days delay beyond the time
prescribed(please sce attached Short Form Construction Contract for details).
V11. Measurement and Payment
Measurement will be lump sure for each building,and will include all labor,materials and equipment
for the completion of the work as per these specifications.
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 irre?,ularities 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 G
IX. Addenda
If it becomes necessary to revise any part of this Request for Bid (013)after it has been issued,the
City will issue an addendum to the RFB containing the revision. All addenda will be pasted on the City's
website at 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 I year workmanship warranty from the date
of final acceptance. The Contractor shall replace promptly and at his own expense any materials andlor
workmanship which fail during this warranty period.
X1. Bidder Qualifications
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
this RF'B. References are to include the contact name and phone number, A minimum of three references are
requested.
XIL Josurance.Reguirgments
Bidder's attention is rflrecwd v%the i--mranee rcquimmcnts—see Attachment H. Contractors shall
furnish to the City, ripen aspard ofconlracl, certificates of insurance covering full liability under Worker's
Compensation laws of the State of California,Comprehensive General Liability and Business Auto Insurance
4
City of Ukiah Multiple Roof Repairs and Sealings at WWTP—RFB E38945
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
I) Compliance with Laws and Regulations: Ali 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 1 for a copy of the sample forms.
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 C39 Roofing 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 oflndustrial Relations pursuant to Labor Code section 1725.5[with limited
exceptions from this requirement for bid purposes only under Labor Code section 177I.1(a)J. 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 postingjob site notices as prescribed by
regulation. This project is subject to compliance monitoring and enforcement by the Department
oflndustrial Relations.
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 contractor subcontracted amount of the project. Small project exemption applies for all
5
City of Ukiah Mrnlliple Roof Repairs and Seulings at WWT'P—RFB E38945
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 an 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 prevaliing 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+fir,ca,govdd]srlpwd/vor4hetn.htral.
The Labor Commissioner through the Division of Labor Standards Enforcement(MSE)may at
any time require contractor and subcontractors to furnish electronic cer r fed payroll records
directly to DLSE. For projects that do not meet the "Public Works Small Project Exemption",
contractors and subcontractors must furnish electronic cerr f ed payroll records directly to the
DLSL'
6
City of-Me& Mullt)rle hoof Repairs and Srtalllrgs al WWTP--RF4 1,738945
INDELANIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity,and to defend,
indemnity,holti 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 may be asserted by any person orentity,mising
out of or in connection with the negligent o!`willful misconduct in the performance by contractor hereunder,
whether or not there is concurrent,passlve or active negligence on the part of the City,but excluding[lability
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 darnages or compensation payable to or for
Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's
benefits acts.
Contractor shall he liable to the City faraoy Ions or damo8e to City propertyt rising from or in
connection with Contractor perferanance hereunder. The undersigned acknowledges that Phis document,
together with the resulting purchase order kimied 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 hove cavefully read the RFB
specificationlrequirements,checked all of the figures stated on the specifications and accepts full responsibility
for any error oi-omission In the preparation of this bid.
This bid is submitted by,(check one)
Individual Owner Partnership �Corporation Other
Legal Name of Bidder,- Universal Coatings, Inc.
Address of Bidder 5191 E. Dakota Avenue Fresno, CA 93727 _
Tax ID# 77-0100880
PhoneNtimber (559)233-6300 Email address: kirnQa universalcoatings.net
California State ContractorN License 0: 71.75Q-7- m 1~xpiration Date:_01r31./2024
DIR Public Nyorks Contractor Registration it: 1000001517
By: t _ -- _-- Date:— October 06=—2022
- -------
Signature
Print:or Type Name: Kim Nulick, Executive_ Dice President _
Title
7
City of Ukiah Multiple Roof Repairs and Seali►►gs(it WWTP—RFB E,38945
WORK PERFORMANCE DATA
HISTORY AND CAPABILITY:Provide the name,locations and a narrative statement on the work performed.
WORK PERFORMED
1. COMPANY NAME: Corona-Norco Unified School District Installed new roof coating system
CONTACT: Maria Moreno, Supervisor Purchasing_ to 150,000 square feet____
ADDRESS: 2820 Clark Avenue, Norco CA 92860
PHONE.._ (951)736-5050
2, COMPANY NAME CSU Monterey Bay New high performance roof coating
CONTACT Daniel Quagiia, Project Engineer system and metal roofing installation
ADDRESS 100 Campus Center, Mountain Hall B, _to 38,600 square feet
u�
Seaside,CA 93955-80041
PHONE:_(831)582-3820
3. COMPANY NAME: Southern California Logistics Airport Authority Installed new roofing system to
CONTACT: Eric Ray,Airport Director 71,000 square feet
ADDRESS18484 Phantom W, Victorville, CA 92394
PHONE: (760)243-1900
4. COMPANY NAME: Kern Community College District Installed new high performace roof
CONTACT: Joe DeRosa coating system to 56,000 square feet
ADDRESS: 2100 Chester Avenue,
Bakersfield,CA 93301
PHONE: (661)336-6022
5. COMPANY NAME:- Channel Island Air National Guard Installed new roofing system on five
CONTACT: Jonathan Davis buildings,a total of 98,850 square feet
ADDRESS: 4146 Naval Air Road
ort uenerne A 930
PHONE: (805)650-0591
8
Cify of Ul(iah Mtth'iple Roof Repairs aril Settlings al WWTP—RFB E38945
SUBCON7RACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with
proper firm name and business address of each.
1)Subcontractor's Name Work to be performed
N/A Universal Coatings will erform 100% of the work.
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registration#
2)Subcontractor's Name Work to be performed
Address
City/State/Zip ---
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registration#
3)Subcontractor's Name Work to be performed
Address
CilylStatelZ p
Phone Number Fax Number
California Slate Contractor License# DIR Public Works Contractor Registration#
9
City of UlftA Mot f ip1F Roof I gabs etnel Sea thig4 tie PVWTF RFB E.38945
BIDDERICONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Snbnlit 3vith Did)
PROPOSE WCONTRACTOR MERG8Y CERTIFIES tha(fselshc has reviewed and understands the insurance coverage
requirements specified in the Bequest for Bid for:
RPB E38945 _Mulii17)gfQj2f Reoairs and Sealines ut the WWTP
Should well be awArded the contract,well Certify that welt can meet the specified requirements for insurance,including
insurance coverage of the subcontractors,and agree to name the City of Uldah ns Additionn3 Insured for the work
spcci fled, And welt will comply with tits provisions of Section 3700 of tho Labor Coda,which require every employer to
be insured against Iitibility for worker's compensation or to undertake self-insurance in accordance with Ilia provisions of
that code,beforc comntuncing the performance of this work specified.
----.-Universal Coatinas.,Inc,
Mease PH t (Person.Firth,or Corporation)
Signature ufAulhorized Representative
Kim Wick, Executive Vice President
Please Print (Nance&Title of Authorized Representative) T �t
October 6 2022 559 233-6300
Date Phone Number
i()
PURCHASING DEPARTMENT
411 West Clay Street,Ukiah CA 95482 City
�� Ukiah
(707)463-6233 y o �J f
m hnrgcr;]cityofuklah.com 4
SPEC HB945
MULTIPLE ROOF REPAIRS AND ROOF SEALINGS AT THE WASTEWATER TREATMENT PLANT
Addendum No. 1
September 30, 2022
The following Is Addendum No,1 to Specification E3994S—Multiple Roof Repairs and Roof Seaiings at the
Wastewater Treatment Plant.
This Addendum is hereby made part of the Contract Documents to the same extent as though it were
originally Included therein.
The following Is a change to the specifications;
The Insurance requirements have changed from a$1 million ilmit to a$2 million limit as per the:
attached Insurance Requirements for Contractors.
All other terms and conditions remain�n full force and effect,
ie
Mary V.Hoy
Flnonclal Services Manager
Prge I of I
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Attachment I
CITY OF UKIAH
Mendocino County, California'
BOND No..
ES00013012 PERFORMANCE BOND
KNOW.ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah,. organized and operatin under the laws of the State of California,
(herdinafter referred.to as the":City")has awarded to*, UniversalUatings,Inc. (hereinafter referred
to as the "Contractor") an agreement for Contract No: ES38945 (hereinafter referred to :as the
"Project").
WHEREAS, the work to be perforrned by the.Contractor Is more particularly set forth in the Contract.for the
.Project (hereinafter dated: November 2, 2022 , referred to, together with:all attachments and exhibits
thereto, as "Contract Documents"), the terms and conditions of-which are expressly incorporated, herein by
reference,' and
WHEREAS., the Contractor is-required by the Contract-Dbourrients to perform the terms thereof and to furnish a
bond for the faithful performance of'said Contract Documents.
NOW, THEREFORE, we,. Universal Coatings,Inc. TI the undersigned Contractor and
Everest Reinsurance Company , as Surety; a corporation otganized and duly authorized .to transact business
under the laws of the State of California, are. held firmly bound until the City 'in- the sum of
Fifty Nine Thousand Dollars and 00/100 ($ 59,000.00 ) forwhich amount well and truly to be made, we
bind ourselves,.our heirs ,executors and adiinistrators, successors arid assigns,jointly and severally, firmly by
these presents.
THE, CONDITION OF THIS OBLIGATION IS SUCH that, if .the Contractor, his or its heirs, executors,
administrators, successors or assigns, shall ih all things stand to and abide by,-:and well.and.truly keep and
perform the covenarits,.coriditions and agreements iri'thC e ontract 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
lncluded costs and reasonable expenses and fees including reasonable attorneys'fees, incurred by the City in
ehforcing such obligation.
As a condition precedent to the satisfactory corrmpletion'of the Contract 0bcuments, unless otherwise provided
for in the Contract D6cu'rn6nts,.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 of damage resulting from or caused
by defective.mai terials orfaultyworkmanship.The obligations of'Surety hereundershall 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 CohtrntDocumerits, ar 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
ii. Obtain.a bid'or bids for completing the Project in accordance with.all terms and conditions: in the
Cbhtract Documents and upon.determination by Surety of the lowestresponslve 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 Cohtract.and any modification thereto, less any amount.previously paid by the City-to the
Contractorand 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
terra "balance of the contract price" as used in this paragraph shall mean the total amount payableIo
Contractor by the CIEy under the Contract and.any modification thereto, less any omount.previously paid
by the City to the Contractor and any other.setoffs 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'tlme, alteration.or
:addition,to the terms of the.Contract Documents or to the Project to be:performed thereundershall in any way
affedt 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.[NTENTI*O NALLY BLANK]
IN WII-NESS WHEREOF, we have hereunto set our hands and seals this�_ da,y of_ November
2t}22_
{Qotpdt'ate:Seal) Universal Coatings, Inc,
CQntraq,t !Pri ncipall _
gy • �
(Corporate Seat) Everest Reinsurance Company
SUtety
E3y t -c C
, orney-In-Fact
(Attach Attdrney-in Fact C,ertifld' te) Title,$onnie Gonzalez,Attorney in Fact
The rate of ppremillrn on this bond is $10.00 per thDusand. The total amount oaf premium charges
IS$ 590.00 . —
(The'above.must be filled-in by cofporete Attorney.)
THIS IS.A U2QUIRE D.FORM,
Any crams under this bond may be addressed.to:
(Narna'and Addtess of Surety) Everest Reinsurance Company
1340 Treat Blvd.Paciftc Plaza Ste 450
Walnut Creek,CA 94597
(Name and Address of Agent or Alliant Insurance Services,Inc.
Representative for service of process In 9 E River Parr Place East Ste 310
California, if different from above) Fresno,CA 93720
(Telephone numbet"of Surety and Agent Surety: (510)273-4687 Agent:(559) 374-3560
ar�Representative for service of process in California) "�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
) ss
County of Fresno )
on �,r ,,r.� .` C� before me, Kim Wilson,_Notary Public, personally appeared
Bonnie Gonzalez , who proved to me on the basis of satisfactory evidence to be the
person{} whose name(4 is/ subscribed to the within instrument and acknowledged to me
that 4@jshe/ executed the same in 4i-,/her/#w4 authorized capacity4e4, and that by
J /her/*e+-signatureW on the instrument the person, or the entity upon behalf of which
the person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
3 KIM W1150H
Notary Public-California
�~ = Fresno County
Commission;2109126
My Comm,Expires h;°23.202E + i
Signature: -
(Seal) Kim Wilson; Notary Public
CITY.OF U KIAH
Mendocino County; California
PAYMENT BOND,
BOND No. ES00013012
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS the Cityof Ukiah .(!'Pity") has awarded to. Universal Coatings,Inc. ,
, '('.Contractor/Principal ) a
contract (City Agreement No, E38945 , dated November 2 2022 referred to as the
"A reement" for the'work describec4��le Roof Repairs and Roof Sea ings at the v
9_ ) `^`�tSs�A M01110ricbrporated by this
.reference into this Payment Bond ("Bond"); and
WHEREAS, Contractor/Principal is required to-furnish a bond in connection.with the Agreement and pursuant
to California Civil Code section 9550;
NOV, THEREFORE, We .Universal Coatings,Inc. the undersigned
Contractor/Principal, and Everest Reinsurance Company ("Surety"), a corporation.organized and existing under the
laws of the State of. Delaware , and-duty 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 tofile.stop payment notices under Califordia.Civil Code Section 9100,or any person
company, or corporation entitled.to make a claim on this bond, in the sum of.$Fifty Nine Thousand Dollars and a0/100
for which payment.will and truly.be made,we.bind ourselves;our heirs,executors and adrninistrators,.successors
and assigns,jointly and severally, firmly by these presents.
THE. CO,NDIT10N 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 forany materials,.provisions,-or,other supplies,.Used in, upon, for,or about the
performande 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 heroin-
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 9.550, 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.payrnent pertaining
or relating.to any scheme or work of improvement heroin above described; nor by any'eescissions 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 on the bond;.and that this bond be construed most-strongly against the Surety and.in favor of all persons
forwhose benefit such bond is give;.and under no circumstances shall the Surety be released from liability to
those for whose benefit such bond has been given; by reason of any breach-..of contract.betweeri the Owner and
Contractot/Principal or on the part ofany oblige named in stich-bond; that the sole condition of recovery shall
be that the clalmant.is a.person described in-California Civil Code section 9100, and who.has not been paid the
full an o.uht 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
2810 and 2845 of the California Civil Code.
Any notice to .Surety.may be given in'the manner specified in the.Agreement,and delivered or transmitted to.
Surety as follows;
Attn: Plait Watson
-Address. 1340 Treat Blvd.Pacific Plaza,Ste 450
City/$#ste/Zlp: Walnut Creek,CA 94597
Phorle: (510)273-4687
'Fax: (510)273-4685
Email. phil.watson@everestre.ccm
IN VII1TfV S WPIEREO,two idrWntipalcounterparts of this.Rand.,each cfwhich shall forall purposes'be deemed
.an original thereat, have been duly executed by Cantractbr/Principal and Surety,�bove named, on-the � day of
November 2
Universal Coatings, Inc. (SEAL)
C..ontractorlPrinclpa I
ley
Contractor's representative
.9191 E.Ualcota Avenue
CantractorlPrinc)pal's Address
Fresno,CA 93727
City,State,Zlp _
Everest Reinsurance Company
(OAL)
5UretY -
13y.
Surety s Represontative
1340 Treat Blvd. Pacific Plaza,Ste 450
Surety's Address
Walnut Creek,CA 94597
City,State,Zip
(510)273-4687
Talephone`Number
NOTE' Signatures of 'those executing for Surety must be' properly acknowledged, The bond must be
ancompahied by a,properly eoknowledged bower.of Attorney'from-the.Surety authoriAng its agent to bind it to
this bond. A.copy of such Power of Attorney must be:in file.with the Clty.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document,
State of California )
ss
County of Fresno )
on before me, Kim Wilson, Notary public, personally appeared
Bonnie Gonzalez who proved to me on the basis of satisfactory evidence to be the
personal whose nameW is¢are subscribed to the within instrument and acknowledged to me
that Jae/she/they executed the same in his/her/their authorized capacitv4ie4, and that by
/her/#lei-signatures on the instrument the person{}, or the entity upon behalf of which
the persons}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MA WIL50H
w Notary Public•California
Fresno County
Commisslon;2g04126
comm.Expires Jul 23,2626 y +
Signature:
(Seal) Kim Wilson, Notary Public
�Pw
Z'YE R ts\
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELA WARE
KNOW ALL PERSONS BY THESE PRESENTS: Thai Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 108flinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Steven P.Edwards,Cody Lyman,Lyn Genho,Bonnie Gonzalez
its true and lawful Attorneyls}-in-fact to make,execute,attest,seal and deliver for and on Its behalf,as surety,and as its act and dead,
Where required,any and all hands and undartakings In the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attorneys)-In-fact shell be binding upon the Company as fully fend to
the some extent as If such bonds and undertakings were signed by the President and Secretary of the Company and sealed wilh its
corporate seal.
This Power of Attomey Is granted and Is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 281h day of July 201G.
RESOLVED, that the President, any Executive Vlca President, and any Senior Vice President and Anthony Romano ere
hereby appointed by the Board as authorized to make,execute, seal and deliver for and on bahaif of the Ccmpany,any and off bonds,
undertakings,contracts or obligations In surety or co-surety with others and that the Secretary or any Assistant Sacretsry of the Company
be and that each of them hereby is authorized to attest to fha execution of any such bonds, undertakings, contracts or obligations in
surety or co-suraiy and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, arty Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney quafffying the atiomay named in the given power of attorney to exeoufe,an
behalf of the Company, bonds and underfakings In surety or ep-surety with others,and that the Secretary or any Assistant Socrefary of
the Company ba,and that each of them is hereby authorized to attest the executlon of any such power of attorney,and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER,that the slgnaturs of such officers named in the preceding resolutions and the corporate seal of tho
Company may be afted to such powers of attorney or to any cerfAJcate relatltrg thereto by facsimile, and any sueh power of aflomey or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond undertaking,contract or obligation in surety or co-surety with others to which it is atlached.
IN WITNESS WHEREOF,Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these prasenls to
be signed by their duly authorized officers this 28th day of July 2016,
` SufaRCP Everest Reinsurance Company
yLp4ROI1P G
v SEAL
* Attest: Nicole Chase,Assistant Secretary Sy,Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
Instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid Instrument is such corporate seal and was
affixed thereto;and that he executed said Instrument by like order.
LINDA ROBINS f
Notary Putout,State of New York
No OIR06239736
Qualified In Queens County
Term Expires April 25,2023
Linde Robins,Notary Public
IN WITNESS WHEREOF,I have hereunto set my hand and afftxed the sesi of said Company,at the Liberty Corner,this day
of r` s rl 202.2--
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