HomeMy WebLinkAboutHumboldt Fence Company 2014-06-26 SHORT FORbi CONSTRUCTTON CONTRACT #'f314251
This Agreement is made and entered on June 26, 2014, iY1 Ukiah,
Cal1if''o`�rnia, pby and between Humboldt Fence Company, a
Sl7lC T�Ii.plTV Q'kP./ [cosporation, partnership, soleproperietor] (��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, 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 its 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 after
receipt of a Notice to Proceed, and shall complete the Work by no later
than July 18C°, 2014 .
�. ,1. �.. XX[check iE 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
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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 ($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 ine2uded in such
charges.
1.2 Coastruction of Contract Documen,ts. Contractor will perform
the work in compliance with the plans and specifications set fortri in
the attached Exhibit A. Zf there is any inconsisEency 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 al1
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 Use of hYnp2oyeea.
1.4 . 1. Contractor shall pay all mechanics and laborers
employed or working upon the site of the work unconditionally and
without subsequent deductions or rebate on any account thefull 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 .4 .2 . Contractor shall comply with the California
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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. zn 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.
1.4 .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 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.
1.4 .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.
1.4 . 5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirementsin Section 1773 .8 of the Labor Code (Chapter880, Statutes
of 1968) .
1.4.6 . Apprentices.
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Attention is directed to the provisions in Sections 1777.5
(Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor
Code concerning the employment of apprentices by the Contractor or any
subcontractor under him. Contractor and any subcontractor under him
or her shall comply with the requirements of said sections in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules and other requirements may be obtained from the Director of
Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages) , 1775
(imposing penalties, including a $50 per day, per worker forfeiture,
for failure to pay prevailing wages) , 1776 (requiring contractor to
maintain available for inspection certified payroll records) , 1777.5
(requiring certain apprenticeship programs) , 1813 (imposing penalties
for failure to make records available for inspection) and 1815
(requiring time and ;4 for overtime) are attached to this Contract as
Exhibit B.
1.5 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.
1.6 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.
1.7 New Producta Required. Al1 equipment, materials or fixtures
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furnished by Contractor under this Agreement shall be new and of the
most suitable grade for the intended puxpose, unless otherwise
specifically provided.
1.8 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.
1.9 Protection of 3ite and Improvemeats. 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 propert'y 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.
1.10 Inspeetion of Work. The Contractor shall ensure that the
Work is available for inspection by CITY or its Inspector at all
reasonable times and that no work is covered up or rendered incapable
of inspection without prior notice to CITY or its Inspector and a
reasonable opportunity for inspection. The presence or absence of an
CITY inspector or the conduct of an inspection by CITY or its Inspector
shall not relieve the Contractor from any contract requirement or
compliance with Exhibit A.
1.11 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 Erom a breach of said warranty.
1.12 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
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, .
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
beforefinal 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.
Z.13. Extenaion 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 pzoportional 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 tkte full extent of the claim and a21
supporting data must be delivered to the City within 45 days of the
occurrence unless the City specifies in writing a longer period. All
claims for a time extension must be approved by the City and
incorporated into a written change order.
1.14. Unfavorable Weather and Other Conditioae.
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 wi11
be affected by any unfavorable conditions shall be constructed while
these conditions remain, unless, by special means or precautions
approved by the CiCy, the Contractor shall be able to overcome them.
The Contractor shall be granted a time exteneion of one day for each
unfavorable weather day that prevents him or her from placing concrete
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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.
1.15. 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
adequateforce and equipmentfor reasonable prosecution and tojustify
inspection of the work.
1.16. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and the
Contractor or any subcontractor shall not require or permit more than
eight hours of labor in a day from any person employed by him or her
in the performance of the work under this contract, unless paying
compensation for all hours worked in excess of eight (8) hours per day
at not less than 1 'f< 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 l, 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
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the total sum of $7,480.00.
3. PAYMENT OF CONTRACT PRICE
3 .1 City shall pay for any invoice complying with Section 3 . 1
for Work approved by City within thirty (30) days of its receipt by
City.
4. INDPsMN2FICAT20N AND INSIIRP.NCE.
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.
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
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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 necessary by
the City, shall be retained by the City until such suits or claims for
damages shall have been settled or otherwise disposed of and
satisfactory evidence to that effect furnished to the City.
4.2 Insurance. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or
her agents, representatives, employees or subcontractors.
4.2.1. Miaimum 3cope of Insurance
Coverage shall be at least as broad as:
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1. Insurance Services Office Commercial Liability
Coverage (occurrence form CG 0001) .
2 . Insurance Services Office form number CA 0001 (Ed.
1/67) covering Automobile Liability, code 1 (any auto) .
3 . Worker' s Compensation insurance as required by the
State of California and Employer' s Liability Insurance.
4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1 . General Liability: $1, 000, 000 per occurrence for
bodily injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
2 . Automobile Liability: $1, 000, 000 per accident
for bodily injury and property damage.
3 . Employer� s Liability: $1, 000, 000 per accident
for bodily injury and property damage.
4.2.3. Deductibles and Self-insured Retentioas
Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the
Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense
expenses.
4.2.4. Other Insurance Provisione
The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following
provisions:
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1. The City, its officers, officials, employees, and
volunteers are to be covered as insureds with respect to
liability arising out of automobiles owned, leased, hired
or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor's
insurance, or as a separate owner's policy.
2 . For any claims related to this project, the
Contractor� s insurance coverage shall be primary insurance
as respects the City, its officers, officials, employees,
volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees, or volunteers,
shall be excess of the Contractor's insurance and shall not
contribute with it.
3 . Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt requested,
has been given to the City.
4.2.5. Acceptability of Insurers
Insurance is to be placed with admitted California insurers
with an A.M. Best �s rating of no less than A- for financial
strength, aa for long-term credit rating and AMB-1 for
short-term credit rating.
4.2.6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
be on forms provided by the City or on other than the City's
forms, provided those endorsements or policies conform to
the requirements. Al1 certificates and endorsements are to
be received within 15 days from written notice of contract
award, and the work shall not commence until the
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certificates and endorsements have been approved by the
City. The City reserves the right to require complete
certified copies of all required insurance policies,
including endorsements effecting the coverage required by
these Special Provisions at any time.
4.2.7. Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. Al1 coverages for
subcontractors shall be subject to all of the requirements
stated herein.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach of
the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City has
abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any alleged
breach of the agreement and of the action required to cure the breach.
If Contractor fails to cure the breach within the time specified in
the notice, the contract shall be terminated as of that time. If
terminated for lack of funds or abandonment of the project, the
contract shall terminate on the date notice of termination is given
to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to satisfactorily
cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job site;
c. have the right to complete the work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with any
other damages suffered by City as a result of said breach.
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6. MODIFICATION OF AGRPsEMENT.
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. ASSIGNMBNP.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by aesignment
or novation) , without the prior written consent of City.
8. APPLICATION OF LAW3.
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, INDEPENDBNT CONTRACTOR.
It is the express intention of the parties hereto that Contractor
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 substantial
investment in its business and that it maintains its own offices and
staff which it will use in performing under this Agreement.
10. GOVERNING LASV.
This 7�greement 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. SEVE'RABILITY.
If any provision of the Agreement is held by a court of competent
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.
This7.greement, 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. WAIVBR.
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 provision, nor shall
any waiver constitute a continuing waiver. No waiver shall be binding
unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been given
when personally delivered, telefaxed or deposited in the United States
mail with proper first class postage affixed thereto and addressed as
follows:
CONTRACTOR CITY
Humboldt Fence Co. City of Ukiah
Russ Renner Ukiah Civic Center
5660 West End Road 300 Seminary Ave.
Arcata, CA. Ukiah, CA. 95482
Fax: 707-822-9512 Fax: 707-313-3621
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent by
providing notice of that change as provided in this paragraph.
15. PARAGRAPH HBADING3.
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. DUPLICATE ORIGINALS.
This Agreement may be executed in one or more duplicate originals
bearing the original signature of both parties and when so executed
any such duplicate original shall be admissible as proof of the
existence and terms of the Agreement between the parties.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
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HUMBOLDT FENCE COMPANY CITY
By: � � By: � �.�
Title: �1r�tji,�a.r� / Tit T(..�,(,�� ��s/�j/�1�,///L�
. / " �vK/�
California Contractor's License Number 808339
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� , ,
j CITY of UKIAH EXHIBIT ��A��
300 Seminary Avenue .
� Ukieh CA. 95482
Phone 7U7-463•6233,Fax 707 3133621
REQUEST FOR BID
FAX OR EMAIL RESPONSE WILL BE ACCEPTED
' RETURN THIS FORM DATE: 6/13120'14
THIS IS NOT AN ORDER
BIDS WILL BE RECEIVED UNTiL
' Submitted by: �� �— �P��Q e� . 1:30 p.m.,June Z5, 2014
(Company Name 7'CHfiOk}7CEOF'IHEPVRCISASIA'O SI.REf(V130R
&Address) 5��0 ,�'�o� f'�j?� 100SEMMMYAV5.CITYofUi(JpH
BY: MaryHorger
�, �[�1 � (�� �C��� Email: mhorgerQcityofukjalycom
, BIDS ARL RL•QU65TED FOR THE FOLLOWMG 1TEMS: ALL WDS SHALL BE F.O.B. UICIAH� CA.
QUnNt'i1'V PRICE,
1 All labor,materials and equipment for complete installation of a chain link
LUMP fence with a gate at Anton Stadium,as per attached speci5cation. S � � - ^�
SUM ��
' When responding to this Brd Regues�subn�it thu bid sheet along with
ages 6-9 of the specificatinn.
Fill informarion completely in box below.
TERMS: TERMS:
1VET 30 'I.Right is reserved to reJect arry and all bids.
DEL.TO: .Right Is reserved to accept separata items unless speclflcally den'red 6y bidder.
F.O.B. UKIAH 3.Rght is reserved lo reject a bid from any bidder who has previously halletl lo pertortn
LEAD 17ME ARO: adequately forthe Ciry of Ukiah.
COMPANY NAME: 0..In CASE OF DEFAULT,the City of Ukiah may procure the items quoted pn from other
� sources and hold the original bidder liable tor any Increased cosis.
SI6NATURE: 5.The price,terms,dellvery polnt,and dellvery date mey Individually or collectNely be the
PRINT NAME: 6 6 basis ot the avrarding of Ihe bld. . ,
TITLE: 6.ALL BIOS MUST BE SIGNED.
RI ONE: .�.." 7.In su6mitting the bid,bidder agrees that the bid shall remain open and may not ba revoked
FAX: - `3" 2,— J Z or withdrawn for 80 days from the biC due tla[e,unless a differeM time period is specified
DATE: In RFB.
8. Bidder agrees to peAorm according to Ils bid,Kthe Clry's accephance Is
communicatetl to the bldder within the timespecifled In number 7 above.
Request for Bid
City of Ukiah
SPECIFICATION #E32473
CHAIN LINK FENCE AND GATE
AT ANTON STADIUM
June 13, 2014
Non-Mandatorv Pre-Bid Meeting:
9 a.m. Thursday, June 18, 2014
Anton Stadium, 506 Park Blvd., Ukiah, CA 95482
Bid Due Date:
1:30 PM on
June 25, 2014
I. Introduction
The City of Ukiah is seeking bids from qualified contractors to provide all labor,
materials and equipment to install a chain link fence and gate.
II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market
purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under
the provisions of state law governing RFB's for Public Projects. The procedures governing open
market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid,
depending on the City's needs. The City Code encourages the Purchasing Officer to use modern
communications, including the telephone, e-mail and the internet, to obtain the lowest possible
price, consistent with the City's needs. The Purchasing Officer does use City bidder's lists when
soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the
City's bidder's list.
III. Contact Person
The City has designated Mary Horger as the contact person for questions related to this
procurement. She may be reached by phone at (707) 463-6233, fax at (707) 313-3621, or e-mail
at mhorger@cityofukiah.com.
IV. Bidder's Non-Mandatory Pre-Bid Meeting
A qualified representative of the Contractor is requested to attend a pre-bid meeting at the
designated date, time and location below. Attendance at this conference is not mandatorv,
however, written minutes and/or notes are not available, and therefare attendance is encouraged.
The purpose of this meeting will be to clarify the contents of this bid request in order to prevent
any misunderstanding of the City's position. Any doubt as to the requirements of this
solicitation or any apparent omission or discrepancy should be presented to the City at this
conference. The City will then determine the appropriate action necessary, if any, and may issue
a written amendment to the bid request. Oral statements or instructions at the bid conference
will not constitute an amendment to this solicitation. There will be no other opportunity made
available to meet with staff at the project site.
Bid Conference Date: Thursday, June 19, 2014
Bid Conference Time: 9 a.m.
Bid Conference Location: Anton Stadium, 506 Park Blvd., Ukiah, CA 95482
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V. Bid Submittal Instructions
Bidders can mail, fax, e-mail, or hand-carry their proposal on or before 130 PM, June 25,
2014 to:
City of Ukiah
Mary Horger, Office of the Purchasing Supervisor
411 West Clay Street, Ukiah, CA 95482
Phone: 707-463-6233, Fax: 707-313-3621
E-mail: mhorger@cityofukiah.com
It will be the sole responsibility of the bidders to have their bids delivered to the
City befare the closing hour and date. Late bids will not be considered and will be returned
unopened to the sender.
VI. Scope of Work
The Contractor shall provide a bid for all labor, materials and equipment for complete
installation of a chain link fence with a gate. Location of the work will be at Anton Stadium, 506
Park Boulevard, Ukiah, California 95482. Please see Attachment "A" for picture of where the
work is to be performed.
• Install approximately 194 feet of 8 foot open chain link fence.
Fabric: 9 Ga. Galvanized (2" Mesh) BK Chain Link Fabric
• Line posts —quantity and location to be installed as necessary in order to provide strong,
stable, and reliable fencing.
• Install one new 6' wide x 8' high gate
' Gates to be braced and trussed as necessary. Fabric to match fence.
• Concrete footings
Work must be completed by July 18`h,2014.
VII. Price
Pricing to be one lump sum, and consist of all labor, materials, equipment, applicable
fees, including tax (8.125%) and freight necessary to perform the work as described in this bid
specification.
VIII. Payment Terms
Full payment will not be made until the work has been done to the complete
satisfaction and acceptance of the City. The City's standard payment terms are terms are NET
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30 after project acceptance. Contractors are asked to submit their payment term preferences at
the time of bid submission.
The City reserves the right to award to the lowest, responsible biddec The City also
reserves the right to waive any irregularities and technicalities and request rebids should it be
deemed in its best interests to do so. The price, terms, delivery point, and delivery date may
individually or wllectively 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.
IX. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven
track record. Contractors shall be required to provide the information requested under Work
Performance Historv Capabilitv. Bidders shall provide references of other customers who they
have performed similar work as requested in this specification.
X. License and Insurance Requirements
The selected contractor shall, upon award of the conh-act, obtain a current City of Ukiah
business license, for information contact: Kathy Norris, Finance Department at 707-463-6202.
Contractors shall furnish to the City, upon award of contract, certificates of insurance on the
City forms wvering full liability under Worker's Compensation laws of the State of Califomia,
Comprehensive General Liability and Business Auto Insurance with policy limits of not less than
$1,000,000 naming the City as an additional insured party.
Bidder's attention is directed to the insurance requirements —see Attachment B for
detailed insurance requirements. It is highly recommended that contractors confer with
their respective insurance carriers ar 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 strictly with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have
questions regarding the City's requirements, please wntact the City's Risk Manager at
707-463-6287.
XI. Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment fumished
pursuant to these specifications shall be in compliance with the laws and regulations of the State
of Califomia and OSHA. The contractor shall, if requested by the City, supply certification and
evidence of such compliance.
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2) Leeal 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, permits or
clearances are the responsibility of the contractor, other than specified in the proposal.
3) License Requirements: Bidder/Contractor must possess a current State of California
contractor's license and the City of Ukiah business license.
a) The Contractor shall possess a valid State of California Class C-13 license or any other
specific to the completion of the job and/or other lice�se(s) required by the State of
Califomia or government agencies.
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.
4) Notice to Bidders -Each laborer or mechanic of Contractor or any subcontractor engaged
in work on the project under this contract shall be paid,pursuant to provisions of Section 1770,
including amendments thereof, of the Labor Code of the State of Califomia, the Director of the
DepaRment of Industrial Relations, State of California, has ascertained the general prevailing
rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer
payment for health and welfare, vacation, pension and similar purposes, copies of the General
Prevailing Wage Determination (applicable to the work), for the locality in which the work is
to be done can be reviewed at Website: www.dir.ca.eov/dlsr/pwd/northern.html .
Any laborer of inechanic employed to perform work on the project under this contract, which
work is not covered by any of the foregoing classifications, shall be paid not less than the
prevailing rate of per diem wages specified herein for the classification which most nearly
corresponds to the work to be performed by him.
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! INDEMNIFY AND fIOLD HARMLESS AGREEMENT
', Contractor agrees to accept all responsibility for loss or dauiage to any person or entity,
' and to defend,indemnity, hold harmless and release the City, its officers,agents and employees,
from and against any and all actions,claims,damages, disabilities,or costs of litigation that may
be asserted by any person or entity, arising out of or in connection with the negligent or willful
misconduct in the performance by contractor hereunder, whether or not there is concunent,
passive or active negligence on the part of the City, but excluding liability due to the sole active
negligence or willful misconduct of the City. This indemnification obligation is not limited in
, any way by any limitation on the amount or type of damages or compensation payable to or for
' Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other
employee's benefits acts.
' Conuacror shall be liable to the City for any loss or damage to City property arising from
or in connection with Contractor performance hereunder.
The undersigned declares they are familiar with the items specified and have care£ully
read the RFB specification/requirements, checked all of the figm•es stated on the speciflcations
, and accepts full responsibility for any error or omission in the preparation of this bid.
The undersigned acknowledges that this document, together with the City's Request for
Bid, the purchase order issued by the City, the insurance requirements for conh•actors, and the
Bidder/Contractor Statement Regarding insurance coverage comprise a written agreement
between the Contractor and the City binding on both parties.
This bid is submitted by, (check one)
�Individual Owner _Partnership _Corporation _01hec
Legal Name of Bidder� nw �{�'� ��V1C�4 �Q1M��T_
AddressofBidder �j`4 0� «�--'�} � 4"ZCf� ��'�CACL t�Al?hl �-
Tax ID# ��" �Q�Q I�C�Q
Phone Number� - St a�.- ay�� Fax Number]01 - � 3�a--0.51 Z
�} �
Caiifornia�te Contra or's License#: ��Z7� � Expiration Date:
gy, �,r,.� Date �i ' Tr�- /`�
Signature
Print or Type Name: �55 /5u?rLUr �rts���'�1�
Ttt]e
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REWIRED DATA
WORKPERFORMANCE
� HISTORY AND CAPABILITY:Contractors shall provlde the name,iocalions and a narrative statement on the work pedormed.
; WORK PERFORMED
1. COMPANYNAME:TL�� '�QVt����p�� ��5�?`eC1—C1�F��--4�,�'�
', CONTACT:�Cd�t�p,_�A�iSC.- L�,'�;�Q(�Q�I�Zrt7� C1C— C9�
, ADDRESS: �. U• VC!'d IZ�S � �S�b C'�AOA'l{���� Cen ca.
PHONE 5����- U1Z5�
I 2. COMPANYNAME: �\� Cx� E"d�I'I-�(� �!('�ro �,�C� �S
CONTACT�hAI� �t�']teA�"' L�\ F�' Lw7 � tIO�
ADDRESS Y� �bX �]L�'�J rC"V1'7�v.Y1Lt ���,��1'c
PHONE: -ZO7 _]�" Z�LLSI
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CONTACT: ��.t-lQ ��.q,r 111S�0�7SlC�Y �Y1V�4S CQ�..��
ADDRESS �� �PL1A� �Ct1.JJ`.� lA.`X�.�I T�'t��i
PHONE: �v7�77✓'�J ` _1�2�y
4. COMPANY NAME:�(I�6TM �G2.rj(?�-rj �V�'f� \K? li+y+N1�( �I��
CONTACT: �CQ�� /h{- C9� C��AI`i�\:�K-
ADDRESS:,�Cill �GLY�(LY l.�' F$-��� � IT3---�a--C(�.�"1
PHONE �7C77� R`�- a3ti q
5. COMP/�NYNAME:`.�3`�—.C1���� `�`'� ��4 \�Y\Cl (lc�
CONTACT: ��,e 5 �S��Sl-_ a�{'Ll �'"
J {� �+ �,�
ADDRESS: 531 k.S��- •. iVa= �q=?�rQ��'t^1-C:Y lY1
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PHONE: �IC�7- S�I�I -� 63
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ISUBCONTRACTORS: The 6idder must submif a list of subcontractors whom he proposes to employ on the vrork with proper
� firm name and 6usiness address of each. I
; Subcontractor's Name /�� / e Work ro be Performed
i ! V j JL
� Address
City/State/Zip �
Phone Number Fax Number
License Num6edTypelExpiration Date
, Subconiractas Name Work to be Performed
Address
City/StatelZip
Phone Number Fax Number
License NumbedTypelExpiration Date
Suhcontraciors Name Work to be Per(ormed
Address
City/State/Zip
Phone Number Fax Number
License NumbedTypelExpiration Date
$
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PROPOSEWCONTRACTORSTATEMENT
REGARDING INSURANCECOVERAGE
(To be submitted wit6 Bid)
PROPOSER/CONTRAC'COR HEREBY CERTIFIES tha� helshe has reviewed and understands the insurance
coverage requirements specified in the Request fm•Proposal for:
Chain Link Fence and Gates at Anton Stadium
Should we/I be awerded thc contract, we/I certify that we/I can meet the specified requirements for insurance,
including insurance coverage of the subcontractors,and agree to name the City of Ukiah as Additional Insured for
the wotk specified. And we/I will comply with the provisions of Section 3700 of t6e Labor Code,which re�uire
every employer to be insured against liability for worker's compensation or to undenake setf-insurance in
accordance with the provisions of that code,before commencing the performance of the work specified.
/�v/��ja1�� Y?✓1GL- Co c:�
Please Print (Person,Pirm,or Coiporation)
� 2cyww.
ignature of Authorized Rcpresentative
�VS�!' /1t�nn,�!
Please Print (Name&Title of Autl�orized Representative)
�-Zs-l�-1 70�� Cr22-�Ls'�(
paz¢ Phone Number
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ATTACHMENT "B" - INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against ciaims 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, empioyees or subcontractors.
I. Minimum Scoqe 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.
il. Minimum Limits of Insurance
Contractor shail maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
includinq operetions, products and completed operations. If Commercial General Liabitity
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this projecUlocation or the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease.
ill. Deductibles and Self-Insured Retentions
Any deductibies or self-insured retentions must be deciared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers,
officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
IV. REQUIRED Insurence Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the
foliowing provisions:
A. The City, its o�cers, 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
behaif 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 additionai
insured on a workers' compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the
Contractor's insurance and shall not contribute with it.
Rev: 17/20/08 Page 1 of2
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
V. RATING -Acceptabilitv of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. BesYs rating of no less than A- for
financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI. Verification of Coveraqe
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 FAX (707) 463-6204
Rev: 11/20/08 Page 2 of 2
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�$ �i
REQ[;EST FOR BID
SPECIFiCATION F,32473
CAAIN LINK BENCE AND C,AT$AT ANTON STADIUM
�_ Adilendom hq,]
June 17,2QI4
�, 7'hc following is Addendum No. t to REQUES'f FOR 6fD—SPEC[P(CAT(ON E32473- CFfA1N LINK FENCE
� AND GATG AT AN'fON STADIUM.
IF YOU SUBMIT A BIU, ACKNOWLEDGMENT OFTHIS ADDENDUM MUST BE SHOWN ON THIS
ADDCsNDUM. IN ADD[TION, TH(S S/GiYED ACKIVOWLEDGMENT MUS"i' BE SUBMITTED WITH
YOUR BID,OR YOUR BID MAY 6E DECMED AS NON-RESPONSIV E.
This Addendum is heteby made part oTihe Request fm�Bid to the same extent ns ihough it wcre originally
included thercin.
� The foilowing are questions askecf,end their corresponding answers:
; WIl: Is this project subjert to the Buy Ametica or BuV American material requirements stee
products?
A#1: No.
Q#2; What size pipe is required for the line posts?
naz: 2-1/2"
Q#3: Will the line posts be spaced at 10'on center spacing?
Alt3: 8'
qK4: What size pipe is required for the end/corner posts7
A#4: 3"
(Z#5: What size pipe is required for the gate?
AqS: 2-2/2"
Q#I6: Please confirm that the 6'wide gate is a single swing gate.
Af16: Single
qq7� The existingfente has windscreen attached.Will the new fence require windscreen aswell?
A#7: Windscreen will be attached but not part of this bid. Existing windscreen will be removed
prior to Install and not part of bid. ^
(`
Page 1 of 2 ����•,,,
Addcndum 1 dateci 6/i7/)4
_ �u,�br��- � -v1t�
c�f 2s
, . .
i
i
q#8: Please confirm that the fence will have bottom tension wire.
' A#8: Yes
Q#9: The Scope of work calls for 194 linear feet of fence and one 6'wide gate.The picture attached
does not have dimensions shown.Can the drawing be revised to include the dimensions?
Ap9: There will be nothing more provided. Picture is meant to provide general location
: information,and will be further dialed in at time of construction.
Qk10: Will payment and performance bonds be required7
A#10: No.
All other erms and co ditions remain in full force and effect.
, �'1�-
� Mary V.Harg
Purchasi Su i
_. ACKNOWLEDGME
I heraby acknowledge that I have received this Addendum No. 1 and have reviewed and considered it
before submitting my proposal.
Signed: Date:
Company Name:
Page 2 of 2
Addendum 1 dated 6/17/14
I^1
� Y
i 11�'tl ��
^'1 �
I2CQUESI'F012 B7D
5PEC7FICATiON E32473
--. CFIAIN LINK FENC�AND GATE AT ANT<)N 5TADIUM
_, Adciendam ryo•2
lune 18.2014
�
� The following is Addendum No.2 to R�QUEST FOR BID-SPRCIFICATION E32473-CHA1N LINK FENCE
I AND GATC AT ANTON STADIUM.
IF YOU SUBMIT A BID, ACKNOWLEDGMF.NT OF TH1S ARDENOUM MUST BE SHOWN UN THIS
ADbENDUM. IN AUDITiON, THIS 9IGNR0 ACKNOWLEDGMEIVT MUST BE SUBMITTCD WITH
YOUR BID,OR YpUR BtD MAY BE DEEMF.D AS NON-RESP4NSlVF.,
This Addendum is hereby made pan of the Requestfor Bid fo thc seme eactent as though it wera originai(y
included therein,
Clarification of Non-Mandatory Pre-bid Meeting: scheduled on Thursday,June 19,2014,9 a.m.,
Anton Stadium.
utYl�Imxf conditions�vmain in fiitl fnrce and effect,
. �
i ,�� � �
�,�f�i.� �,a
`�f4pY.lk�l, �
����
ACKNOWL�DGMENT
I hereby xcknowledge that I have received this Addendum Na 2 and havc reviewed and c�nsidered it
before submittiug my proposal, „
/� //
_—SiBtt��: �. ,K.C_.__ ���.��.� llate: �Q,C�1 ti�J /
�•'_`� d�J
_ ('n T�nnany Name: .��YV�11C1,� ��I��C�k.. lttJ
Page t of 1
Addendum 2 dated 6/18114
. �
I
I
�
� C
�
{
i
i �1 � 9548�
RF.QU EST FOR BIU
SPF.CTFICATFON E32473
CHAIN LiNK FENCE AND GATE AT ANTON b`TADIUM
_ Addendum No.3
� lune 23,2014
, 'I'he fo4tawing is Addendum No. 7 to REQUBST F02 BID–SPECIfICATION E32473 –CHAIN LINK PENCC
ANll GATG AT ANTO?J S'CAD[UM.
IF YOU SURMIT q BID, pCKNOWLF.DGMENT OF THIS ADDENDUM 1�7UST BE SHOWN ON TH[S
' ADDEND,UM. IN qDDIT10N� THTS SIGNF.D ACKNf)WLEDGMENT MUSf BE SUAMITTF,D W1TH
, YOUR BID,OR YOUR BID MAY 6E DEEMEDAS NON-RESPONSIV6.
This Addendum is hereby made part oPtlie Kequest for Bid to die same extent as though it were originally
included thcrcin.
Clarification regarding pipe size listed in Addendum 1;
1. The dimenslons are outside diameter.
2. Pipe sized used for the gate frame should be 1-5/8"OD.
� � !tl!o.4h�er,tprms and co�ditions rcmain in full torcc and efFect
� I��N
y �, Ma�y V. Horge
y'- Purc6axiqg5upe?�vis
� li
qh�ifT—ACIaV� _,._
I hereby acknowledge tNat I havc reccivcd t6is AAdcndum No. 3 and ltave reviewed and considered it
before submitting mypm�naal.
, Si�nud: �� Date:�(�S r
�,��� � l � �
Comoany Name:'�-�`�I��. �QV,�� � �
Page I of I
Addendum 3 dated 6/23/14
• Page 1
EXHIBIT B
1 of 5 DOCUMENTS
DEERING'S CALIFORNIA CODES ANNOTATED
Copyright (c) 2010 by Matthew Bender& Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
*** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1-5, ***
7,AND 8,AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SION
LABOR CODE
Division 2. Employment Regulation and Supervision
Part 7. Public Works and Public Agencies
Chapter 1. Public Works
Article 2. Wages
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
Cal Lab Code§1771 (2009)
§ 1771. Requirement of prevailing local rate for work under contract
Except for public works projects of one thousand dollars ($I,000)or less, not less than the gen-
eral prevailing rate of per diem wages for work of a similar character in the locality in which the
public work is performed, and not less than the general prevailing rate of per diem wages for holi-
day and overtime work fixed as provided in this chapter, shall be paid to all workers employed on
public works.
This section is applicable only to work performed under contract, and is not applicable to work
carried out by a public agency with its own forces. This section is applicable to contracts let for
maintenance work.
2 of 5 DOCUMENTS
DEERING'S CALIFORNIA CODES ANNOTATED
Copyright (c) 2010 by Matthew Bender& Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
• • Page 2
Cal Lab Code§ 1775
*** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1-5, ***
7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SION
LABOR CODE
Division 2. Employment Regulation and Supervision
Part 7. Public Works and Public Agencies
Chapter 1. Public Works
Article 2. Wages
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
Cal Lab Code§ 1775 (2009)
§ 1775. Forfeiture for paying less than prevailing wage rates; Amount of penalty; Payments
to workers; Liability of prime contractor; Notification of complaint
(a)
(1)The contractor and any subcontractor under the contractor shall, as a penalty to the state or
political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty
dollars ($50) for each calendar day, or poRion thereof, for each worker paid less than the prevailing
wage rates as determined by the director for the work or craft in which the worker is employed for
any public work done under the contract by the contractor or, except as provided in subdivision (b),
by any subcontractor under the contractor.
�2)
(A) The amount of the penalty shall be determined by the Labor Commissioner based on
consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem
wages was a good faith mistake and, if so, the error was promptly and voluntarily conected when
brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor ar subcontractor has a prior record of failing to meet its pre-
vailing wage obligations.
�B)
(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor
or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so,the
error was promptly and voluntarily corrected when brought to the attention of the contractor or
subcontractor.
(ii) The penalty may not be less than twenty dollazs ($20)for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor
has been assessed penalties within the previous three years for failing to meet its prevailing wage
Page 3
Cal Lab Code§ 1775
obligations on a separate contract, unless those penalties were subsequently withdrawn or over-
turned.
(iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner deter-
mines that the violation was willful, as defined in subdivision (c) of Section 1777.1.
(C) When the amount due under this section is collected from the contractor or subcontrac-
tor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Di-
vision 2 against that contractor ar subcontractor shall be satisfied before applying that amount to the
penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalTy shall be
reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for
each calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the con-
tract shall cause to be inserted in the contract a stipulation that this section will be complied with.
(b) If a worker employed by a subcontractor on a public works project is not paid the general
prevailing rate of per diem wages by the subcontractor,the prime contractor of the project is not
liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that
failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless
the prime contractor fails to comply with all of the following requirements:
(1)The contract executed between the contractor and the subcontractor for the performance of
work on the public works project shall include a copy of the provisions of Sections 1771, 1775,
]776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per di-
em wages by the subcontractor to the employees, by periodic review of the certified payroll records
of the subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages,the contractor shall diligently take corrective action to halt or
rectify the failure, including,but not limited to, retaining sufficient funds due the subcontractor for
work performed on the public works project.
(4) Prior to making final payment to the subcontractor for work performed on the public works
project,the contractor shall obtain an affidavit signed under penalty of perjury from the subcon-
tractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his
or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works
project within 15 days of the receipt by the Division of Labor Standards Enforcement of a com-
plaint of the failure of a subcontractor on that public works project to pay workers the general pre-
vailing rate of per diem wages.
3 of 5 DOCUMENTS
Page 4
Cal Lab Code § 1776
DEERING'S CALIFORNIA CODES ANNOTATED
Copyright(c) 2010 by Matthew Bender& Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
*** THIS DOCUMENT IS Ci.JRRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1-5, ***
7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SION
LABOR CODE
Division 2. Employment Regulation and Supervision
Part 7. Public Works and Pub(ic Agencies
Chapter 1. Public Works
Article 2. Wages
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
Cal Lab Code,¢ 1776(2009)
§ 1776. Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties
(a)Each contractor and subcontractor shall keep accurate payroll records, showing the name,
address, social security number,work classification, straight time and overtime hours worked each
day and week, and the actual per diem wages paid to each joumeyman, apprentice, worker,or other
employee employed by him or her in connection with the public work. Each payroll record shall
contain or be verified by a written declaration that it is made under penalty of perjury, stating both
of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any
work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be availa-
ble For inspection at all reasonable hours at the principal office of the contractor on the following
basis:
(1)A certified copy of an employee's payroll record shall be made available for inspection or
furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available
for inspection or furnished upon request to a representative of the body awarding the contract,the
Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the De-
partment of Industrial Relations.
(3)A certified copy of all payroll records enumerated in subdivision (a) shall be made available
upon request by the public for inspection or for copies thereof. However, a request by the public
. . .
Page 5
Cal Lab Code § 1776
shall be made through either the body awarding the contract,the Division of Apprenticeship Stand-
ards, or the Division of Labor Standards Enforcement. If the requested payroll records have not
been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the rec-
ords, reimburse the costs of preparation by the contractor, subcontractors, and the entity through
which the request was made. The public may not be given access to the records at the principal of-
fice of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards
Enforcement or shall contain the same information as the forms provided by the division. The pay-
roll records may consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the printouts are
verified in the manner specified in subdivision (a).
(d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdi-
vision (a)with the entity that requested the records within 10 days after receipt of a written request.
(e)Any copy of records made available for inspection as copies and furnished upon request to
the public or any public agency by the awarding body,the Division of Apprenticeship Standards, or
the Division of Labor Standards Enforcement shall be marked ar obliterated to prevent disclosure of
an individuaPs name, address, and social security number. The name and address of the contractor
awarded the contract or the subcontractor performing the contract shall not be marked or obliterat-
ed.Any copy of records made available for inspection by, or furnished to, a joint labor-management
committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29
U.SC. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individuaPs name
and social security number. A joint labor management committee may maintain an action in a court
of competentjurisdiction against an employer who fails to comply with Section 1774. The court
may award restitution to an employee for unpaid wages and may award the joint labor management
committee reasonable attorney's fees and costs incurred in maintaining the action. An action under
this subdivision may not be based on the employer's misclassification of the craft of a worker on its
certified payroll records. Nothing in this subdivision limits any other availabie remedies for a viola-
tion of this chapter.
(�The contractor shall inform the body awarding the contract of the location of the records
enumerated under subdivision(a), including the street address, city, and county, and shall, within
five working days, provide a notice of a change of location and address.
(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a
written notice requesting the records enumerated in subdivision (a). In the event that the contractor
or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or
political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars
($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectu-
ated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Stand-
ards Enforcement,these penalties shall be withheld from progress payments then due. A contractor
is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to
comply with this section.
(h)The body awarding the contract shall cause to be inserted in the contract stipulations to ef-
fectuate this section.
Page 6
Cal Lab Code § 1776
(i)The director shall adopt rules consistent with the California Public Records Act(Chapter 3.5
(commencing with Section 6250)of Division 7 of Title 1 of the Government Code) and the Infor-
mation Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of
the Civil Code) governing the release of these records, including the establishment of reasonable
fees to be charged for reproducing copies of records required by this section.
4 of 5 DOCUMENTS
DEERING'S CALIFORNIA CODES ANNOTATED
Copyright(c) 2010 by Matthew Bender& Company, Inc.
a member of the LexisNexis Group.
Allrights reserved.
*** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1-5, ***
7,AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SION
LABOR CODE
Division 2. Employment Regulation and Supervision
Part 7. Public Works and Public Agencies
Chapter 1. Public Works
Article 2. Wages
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
Cal Lab Code§1777.5(2009)
§ 1777.5. Employment of apprentices on public works
(a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon
public works.
(b)Every apprentice employed upon public works shall be paid the prevailing rate of per diem
wages for apprentices in the trade to which he or she is registered and shall be employed only at the
work of the craft or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship
standards that have been approved by the Chief of the Division of Apprenticeship Standards and
who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070)
of Division 3 are eligible to be employed at the apprentice wage rate on public works. The em-
ployment and training of each apprentice shall be in accordance with either of the following:
(1)The apprenticeship standards and apprentice agreements under which he or she is training.
(2) The rules and regulations of the Califomia Apprenticeship Council.
, . _
Page 7
Cal Lab Code§ 1777.5
(d) When the contractor to whom the contract is awarded by the state or any political subdivi-
sion, in performing any of the work under the contract, employs workers in any apprenticeable crafr
or trade,the contractor shall employ apprentices in at least the ratio set forth in this section and may
apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of
the public work for a certificate approving the contractor under the apprenticeship standards for the
employment and training of apprentices in the area or industry affected. However, the decision of
the apprenticeship program to approve or deny a certificate shall be subject to review by the Ad-
ministrator of Apprenticeship. The apprenticeship program or programs, upon approving the con-
tractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an
apprenticeship program's standards shall not be required to submit any additional application in or-
der to include additional public warks contracts under that program. "Apprenticeable craft or trade,"
as used in this section, means a craft or trade determined as an apprenticeable occupation in ac-
cordance with rules and regulations prescribed by the California Apprenticeship Council. As used in
this section, "contractor" includes any subcontractor under a contractor who perfomts any public
works not excluded by subdivision (o).
(e)Prior to commencing work on a contract for public works, every contractor shall submit con-
tract award information to an applicable apprenticeship program that can supply apprentices to the
site of the public work. The information submitted shall include an estimate of journeyman hours to
be performed under the contract,the number of apprentices proposed to be employed, and the ap-
proximate dates the apprentices would be employed. A copy of this information shall also be sub-
mitted to the awazding body if requested by the awarding body. W ithin 60 days after concluding
work on the contract, each contractor and subcontractor shall submit to the awarding body, if re-
quested, and to the apprenticeship program a verified statement of the journeyman and apprentice
hours performed on the contract. The information under this subdivision shall be public. The ap-
prenticeship programs shall retain this information for 12 months.
(� The apprenticeship program that can supply apprentices to the area of the site of the public
work shall ensure equal employment and affirmative action in apprenticeship for women and mi-
norities.
(g)The ratio of work performed by apprentices to journeymen employed in a particular craR or
trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards
under which the apprenticeship program operates where the contractor agrees to be bound by those
standards, but, except as otherwise provided in this section, in no case shall the ratio be less than
one hour of apprentice work for every five hours ofjourneyman work.
(h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a
day when any journeyman is employed at the jobsite and shall be computed on the basis of the
hours worked during the day by journeymen so employed. Any work performed by a journeyman in
excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The con-
tractor shall employ apprentices for the number of hours computed as above before the end of the
contract or, in the case of a subcontractor, before the end of the subcontract. However,the contrac-
tor shall endeavor,to the greatest extent possible,to employ apprentices during the same time peri-
od that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly ap-
prenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Appren-
ticeship Standards, upon application of an apprenticeship program,may order a minimum ratio of
not less than one apprentice for each five joumeymen in a craft or trade classification.
. . .
Page 8
Cal Lab Code§ 1777.5
(i)A contractor covered by this section that has agreed to be covered by an apprenticeship pro-
gram's standards upon the issuance of the approval certificate, or that has been previously approved
for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the
ratio of apprentices to joumeymen stipulated in the applicable apprenticeship standards,but in no
event less than the 1-to-5 ratio required by subdivision(g).
(j) Upon proper showing by a conh-actor that he or she employs apprentices in a particular craft
or trade in the state on all of his or her contracts on an annual average of not less than one hour of
apprentice wark for every five hours of labor performed by journeymen,the Chief of the Division
of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly
ratio, as set forth in this section for that craft or trade.
(k)An apprenticeship program has the discretion to grant to a participating contractor or con-
tractor association a certificate, which shall be subject to the approval of the Administrator of Ap-
prenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds
that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15
percent.
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of
its journeymen annually through apprenticeship training, either on a statewide basis or on a local
basis.
(4)Assignment of an apprentice to any work performed under a public works contract would
create a condition that would jeopardize his or her life or the life, safety, or property of fellow em-
� ployees or the public at large, or the specific task to which the apprentice is to be assigned is of a
nature that training cannot be provided by a joumeyman.
(1) When an exemption is granted pursuant to subdivision (k) to an organization that represents
contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis,the member con-
tractors shall not be required to submit individual applications for approval to local joint appren-
ticeship committees, if they are already covered by the local apprenticeship standards.
(m)
(1)A contractor to whom a contract is awarded, who, in performing any of the wark under the
contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to
the California Apprenticeship Council the same amount that the director determines is the prevail-
ing amount of apprenticeship training contributions in the area of the public works site. A contractor
may take as a credit for payments to the council any amounts paid by the contractor to an approved
apprenticeship program that can supply apprentices to the site of the public works project. The con-
tractor may add the amount of the contributions in computing his or her bid for the contract.
(2)At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter,the Califomia
Apprenticeship Council shall distribute training contributions received by the council under this
subdivision, less the expenses of the Division of Apprenticeship Standards for administering this
subdivision, by making grants to approved apprenticeship programs for the purpose of training ap-
prentices. The funds shall be distributed as follows:
. •. �
Page 9
Cal Lab Code§ 1777.5
(A) If there is an approved multiemployer apprenticeship program serving the same craft or
trade and geographic area for which the training contributions were made to the council, a grant to
that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the
same crafr or trade and geographic area for which the training contributions were made to the coun-
cil,the grant shall be divided among those programs based on the number of apprentices registered
in each program.
(C)All training contributions not distributed under subparagraphs (A) and (B) shall be used
to defray the future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the
Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury.Not-
withstanding Section 13340 of the Government Code, a(1 money in the Apprenticeship Training
Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivi-
sion and to pay the expenses of the Division of Apprenticeship Standards.
(n)The body awarding the contract shall cause to be inserted in the wntract stipulations to ef-
fectuate this section. The stipulations shall fix the responsibility of compliance with this section for
all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty
contractors not bidding for work through a general or prime contractor when the contracts of gen-
eral contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under this section are subject to Section 3081.
5 of 5 DOCUMENTS
DEERING'S CALIFORNIA CODES ANNOTATED
Copyright(c) 2010 by Matthew Bender& Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
*** THIS DOCUMENT IS CURRENT THROUGH 2O09-2010 EXTRAORDINARY SESSIONS
1-5, ***
7, AND 8, AND URGENCY LEGISLATION THROUGH CH 12 OF THE 2010 REGULAR SES-
SION
LABOR CODE
Division 2. Employment Regulation and Supervision
Part 7. Public Works and Public Agencies
Chapter 1. Public Works
Article 3. Working Hours
GO TO CALIFORNIA CODES ARCHIVE DIRECTORY
_ ti .
Page 10
Cal Lab Code§ 1815
Cal Lab Cocle�1815 (2009)
§ 1815. Work performed in excess of specified hour limitations; Compensation
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwith-
standing any stipulation inserted in any contract pursuant to the requirements of said sections,work
performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one
week, shall be permitted upon public work upon compensation for all hours worked in excess of 8
hours per day at not less than 11/2 times the basic rate of pay.