HomeMy WebLinkAboutAFM Environmental, Inc. 2024-08-09 Contract 2425-085
CITY OF UKIAH
Mendocino County,California
AGREEMENT
FOR
HAZARDOUS MATERIAL REMOVAL DEMOLITION AT 501 SOUTH STATE STREET
Specification No.24-06
THIS AGREEMENT,made this 9th day of August ,2024,by and between the City of
Ukiah,
Mendocino County,California,hereinafter called the City and AFM Environmental, Inc. 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 sixty(60)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.
HAZARDOUS MATERIAL REMOVAL.DEMOLITION 46 Spec.No.24-06
AT 501 SOUTH STATE STREET
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.
HAZARDOUS MATERIAL REMOVAL DEMOLITION 48 Spec.No.24-06
AT 501 SOUTH STATE STREET
(i) The"Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Article IV. epal gf the Qgntrapl.
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
12. Addenda
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 ,2024.
CITY OF U IAH,MENDOCINO COUNTY,CALIFORNIA
By:
1
M AGER, U.rrYF TUKH
Attest'. � ` � L (,
CITY CL RK CI OF UKIAH
By:
C NTRACT R /
Attest: eft,A
Title: [��✓
The foregoing contra is approved as fo and legality this day of'S A of Ac r ,2024.
CITY EY, Crry O IAA I
HAZARDOUS MATERIAL REMOVAL DEMOLITION 49 Spec.No.24-06
AT 501 SOUTH STATE STREET
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah,California, on August 9th , 2024, by
and between the City of Ukiah (Ukiah)and AFM Environmental, Inc. (Contractor).
Contractor is
performing work as per Specification No. 24-06 Hazardous Material Removal Demolition at 501
South State Street 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. Contractorshall indemnify and hold harmless Ukiah and its officers,agents,and employees
from and against any claim,loss,or damage,including the legal and othercosts 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:
HAZARDOUS MATERIAL REMOVAL DEMOLITION 5o Spec.No.24-06
AT 501 SOUTH STATE STREET
CITY OF UKIAH
Mendocino County,California
BOND No SU 1204701-0000 PERFORMANCE BOND
KNOW AL1_PERSONS BY THESE PREESNTS:
THAT WHEREAS,the City of Ukiah.organized and operating under the laws of the Stale of California,(hereinafter
referred to as the '01y`)has awarded to AFM Environmental, Inc. , (hereinafter referred to as the
'Contractor')an agreement for Contract No.2425-089 (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 PrciJect
dated ,(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 e
bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, AFM Environmental, Inc. , the undersigned Contractor and
Arch Insurance Company,as Surety,a corporation organized and duly authorized to transact business undor
the laws of the State of California, are held firmly bound until the City in the sum of
One Hundred Forty=Fhm Thousand Dollars ($ 145,000.00 1,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.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors,
administmtom,successors or assigns,shall in all th;ngs 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 bo kept and performed at the time and in the manner therein specified,and in all respects
according to their intent and moaning; and shalt 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 th,s 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 foes including reasonable attomeys'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,compiale,and satisfactory repair and
mpl000ments And totally protect the City from loss or damage resulti rig 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 heroin shall limit the City's rights or the Contractor or Surety's obligations under the Contract
Documents,law or equ:.ty, Including,but not Ismlted to,Caldomsa Code of Civil Procedure Section 337.15.
Whenever Contractor shall be,and is declared by the Clty to be, in default under the Contract Documents,the
Surety shall remedy the default pursuant to the Contracl 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
it Obtain a bid or b€ds 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
HAZARDOUS MATMAL REMOVAL DEMOLITION 51 Spec.No.24-06
AT 601 30UM STATE BTRFF.T
progrossos sufficient funds to pay the cost of oomplotion of tho Project,loss 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 Califomia 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 tho
City under the Contract and any modification thereto,less any amount previousty 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.
Surely 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 dofauft,notifies Surety or the City's objection
to Contractoes 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 horoby 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]
HAZARDOUS MATERIAL REMOVAL DEMOLITION h2 Spec.No.24-06
AT*01 SOUTH STATE MEXT
IN WITNESS WHEREOF,we have hereunto set our hands and sows this 21 stday of August
Z=2024.
(Corporate seal) AFM Environmental, Inc.
Contractor rirtq a!
By- J
Title e✓ .✓ �/
(Corparate feat) Arch Insurance Company
Sw
By
Attom Ct
(Attach Attotney-in Fact Cortificate) Title act
The rate of premium on this bond is 2.125 per thousand.The total amount of premium charges is
$ 935.00
(The above must be filled in by corporate attorney.)
THIS.-IS A_REQUIRED FQRM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) Arch Insurance Com an Claims Deparbmryt
Surety Claims
P.O.Box 542033 Omaha,NE 68154
(Name and Address of Agent or Becky DeGeorge
Representative for service of process in 2710 Gateway Oaks Drive
California,if different from above) Sacramento,CA 95833
(Telephone number of Surety and Agent 918 641-5100
or Representative for service of process In California)
HAZARDOUS MATERIAL.REMOVAL.DEMOLITION 53 SaeG No.24-M
AT ooi sourm 5TATE STREET
NEW YORK STATE NOTARY ACKNOWLEDGMENT
THE STATE OF NEW YORK
COUNTY OF CORTLAND
On the before me, the undersigned, personally appeared Peter Tam
personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s)whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed
the instrument.
Notary Public Signature
Print: Sarah E. West
Title or Office: Notary
My commission expires: August 3, 2026
Sarah E. West
Notary Public, State of New York
No. 01 WE6011309
Qualified in Cortland County
Commission Expires Aug 3, 20rx
(Seal)
Page 4 of 1
10409
Ibis Power ofAttorney Ihnhs the acts of those named herein,and they have no authod&to bled the Company except In the wanner and to the extent herein stated
Not valid for Note,Loan,Lever ofCredU,Currency Rare,interest Rate or Resldendal Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal administrative office in Jersey City.
New Jersey(hereinafter referred to as the"Company')does hereby appoint:
Anne M.Barber,Daniel McNeil III,David Byrne,Olga Garza,Pauline Perlongo,Peter Tam mad William A.Ballay of Orland Park,IL(EACH)
its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance ofthis power for and on its behalf as surely,and as its act and deed:
Any and all bonds,undertakings,recagnizances and other surety obligations,in the penal sum not exceeding One Hundred Fiftv Million Dollars(S150.000.Ot10.001.
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth
herein.
The execution of such bonds,undertakings,mcognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as
fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative
office in Jersey City,New Jersey,
This Power of Attorney is executed by authority ofresolulions adopted by unanimous consent of the Board of Directors of the Company on August 31,2022,true and
accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice Resident,of the Surety Business Division,or their
appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneysAri-fact,and to
authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company,and attach the seal of the Company
thereto,bonds,undertakings,rocognizances and other surety obligations obligatory in the nature thereof,and any such officers of the Company may appoint agents for
acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of
Directors of the Company on August 31,2022:
VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President, of the Surety Business
Division,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the
Secretary,may be affixed by facsimile on any power ofanorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31,2022.and
any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the
Company.In Testimony Whereof,the Company has caused this instrument to be si nod and its corporate seal to be affixed by their authorized officers,this 6"day of
may,201}.
Attested and Certified
'�, SE/tL Arch Insurance Company
r�` . (Jz 1/ WItrOKnTE We4t-L�'
111rt
Regan .Shulman,Secretary Stephen C.Ruschak,Executive Vice Resident
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SSI�fOY�
1,Michele Tripods,a Notary Public,do hereby certify that Regan A.Shulman and Stephen C.Ruschak personally known to me to be the same persons whose names
are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of The State of
Missouri,subscribed to the foregoi rig instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own fine and voluntary acts for the uses and
purposes therein set forth.
MKHH[ flotsftrt A
IV 31,2C�i Mich a 'pods,Not brie
gaptgyldpp CERTIFICATION N x*w I966til3 My commission expires 07/31/2025
1,Regaa A.Shulman,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated July 6.2023 on behalf of the persons)
as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this
certificate;and 1 do further certify that the said Stephen C.Ruschak,who executed the Power of Attorney as Executive Vice Resident,was on the date of execution of
the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF.I have hereunto subscribed my tome and affixed the corporate seal of the Arch Insurance Company on this ZU0ay of August
20 24
Shulman.Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company
except in the manner and to the extent herein stated. C49
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance—Surety Divlsioa
3 Parkway,Salle I500 e><ntn>m,�Tt
Philadelphia.PA 19102 sm
r*rt
U6084
To verify the outheriMity of this Fbwer of Attorney,phase coetoctArch Insurance Company al5tl"Authe Insurance.tom
Please refer to tdw above named A ttoroey-hl•Fact and the details of the bond to whkh the pawer to attached.
AICPOA040120 Printed in U.S.A.
ARCH INSURANCE COMPANY
STATEMENT OF FINANCIAL CONDITION
DECEMBER 31, 2023
Assets
Cash & Cash Equivalents in Banks $328,130,777
Bonds owned 6,481,021,338
Stocks 813,423,103
Premiums in course of collection 945,968,974
Accrued interest and other assets 1,398,321,681
Total Assets $ 9,966,865,873
Liabilities
Reserve for losses and adjustment expenses $3,580,722,897
Reserve for unearned premiums 1,770,436,315
Ceded reinsurance premiums payable 1,021,006,333
Amounts withheld or retained by company for account of others 165,467,758
Reserve for taxes, expenses and other liabilities 986,839,682
Total Liabilities $7,524,472,985
Surplus as regards policyholders 2,442,392,888
Total Surplus and Liabilities $9,966,865,873
By: Attest:
Exec tive Vice President, Chief Exec6tfve Vice President,
Financial Officer and Treasurer General Counsel and Secretary
State of New Jersey )
SS
County of Hudson )
Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and
Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn,
of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct
statement of financial condition of said company, as of December 31, 2023.
Subscribed an rn to before me, this, day of k
Notary Publi
r �
BARBARA A. LEE
CAmm,ssion N 5U107758
Na141y Public,Stete of New Jersey
My Comm,ss� pires
June 27,2024