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HomeMy WebLinkAboutFerranti Construction, Inc. 2017-06-08SHORT FORM CONSTRUCTION CONTRACT #1617213 This Agreement is made and entered on June 8th, 2017 , in Ukiah, California, by and between Ferranti Construction, Inc., a CA General Corporation ("Contractor") and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. The plans and specifications for this work ("the Work") are contained in Exhibit A - Bid Specification, which is attached hereto and incorporated herein by this reference. 2. Contractor is properly licensed and qualified to perform the work. 3. Whenever this Agreement calls for City approval or notification, the approval or notification must be signed by the City Manager or his or her designee. AGREEMENT: Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows. 1. PERFORMANCE OF THE WORK Contractor will perform the Work as further provided herein. 1.1 Time of Performance. Contractor shall commence the Work when receiving a formal Notice to Proceed, and shall complete the Work by no later than July 12, 2017. 1 . 1 . 1 . ❑ [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13-1.14, below, the Contractor will pay to the City the sum of five hundred dollars S:u\agrtms06\short form construction contract June 8, 2017 1 ($500.00) per day for each and every calendar day's delay beyond the time prescribed. 1.1.2 -- [check if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 1.2 Construction of Contract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification. 1.3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work. 1.4 New SB 854 requirements 1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.4.2 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.4.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. S:u\agrtms06\short form construction contract June 8, 2017 2 1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR §16451 (d) . ) 1.5 Use of Employees. 1.5.1. Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 1.5.2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1.5.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all S:u\agrtms06\short form construction contract June 8, 2017 3 holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 1.5.4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 1.5.5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 1.5.6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 S:u\agrtms06\short form construction contract June 8. 2017 4 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and % for overtime) are available at the Department of Industrial Relations website at http://www.dir.ca.gov/ 1.6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor's performance of the Work. The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector. 1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1.8 New Products Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided. 1.9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. 1.10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws. S:u\agrtms06\short form construction contract June 8, 2017 5 1.11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. 1.12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1.13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. [Initial if following sentence applies /_/ /_/] CITY shall retain of the Contract Amount to secure the Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1.14. Extension of Time. Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable S:u\agrtms06\short form construction contract June 8, 2017 R delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order. 1.15. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 1.16. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. S:u\agrtms06\short form construction contract June 8, 2017 7 1.17. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 :� times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. 2. CONTRACT PRICE CITY shall pay the Contractor for performance of this Agreement time and materials with a total not to exceed amount of $7,029.00. 3. PAYMENT OF CONTRACT PRICE 3.1 City shall pay any invoice for completed work, and approved by the City, within thirty (30) days of its receipt by City. All payments under this contract shall be made upon the presentation of certificates in writing from the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 4. INDEMNIFICATION AND INSURANCE. 4.1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. S:u\agrtms06\short form construction contract June 8, 2017 The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re - erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. S:u\agrtms06\short form construction contract June 8, 2017 J The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 4.2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 4.2.1. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4.2.2. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. S:u\agrtms06\short form construction contract June 8, 2017 10 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4.2.3. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.2.4. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. S:u\agrtms06\short form construction contract June 8, 2017 11 4.2.5. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A - for financial strength, as for long-term credit rating and AMB -1 for short-term credit rating. 4.2.6. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 4.2.7. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services S:u\agrtms06\short form construction contract June 8, 2017 12 performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall: a. retain any amounts earned under the Contract but not yet paid by City; b. take possession of all material and fixtures on the job site; c. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of City. 8. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Con- tractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall S:u\agrtmS06\short form construction contract June 8, 2017 13 have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a sub- stantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County. 11. SEVERABILITY. If any provision of the Agreement is held by a court of com- petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and S:u\agrtms06\short form construction contract June 8, 2017 14 effect without being impaired or invalidated in any way. 12. INTEGRATION. This Agreement, including the contains the entire agreement among th prior and contemporaneous oral understandings, and representations amendments to this Agreement shall be writing by all of the parties. 13. WAIVER. exhibits attached hereto, parties and supersedes all and written agreements, among the parties. No binding unless executed in No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 14. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, telefaxed or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: RRAN/nTI CONSTRUCTION, INC. CITY Il4 att City of Ukiah eb,250x Z Zd o iA 300 Seminary Ave. Flt4eayd 4,¢.//gr�, c, 9rq,7a, Ukiah, CA. 95482 Ema_i: {-crr&«"L-k c.va't (9Cd,,,,�&C, Nom- Email: mwilliamson@cityofukiah.com FAX: FAX: 707=313-3831 Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. S:u\agrtmsQ6\short form construction contract ,Tann R, 2017 15 15. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 16. EXECUTION OF AGREEMENT. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument, When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. FERRANTI CONSTRUCTION, INC. B y : CITY OF UKIAH By: Sage S, giaco City Manager California Contractor's License Number 385543 [Number or N/A] �I i i s:u\agrtms05\short form construction contract June 8, 201'r 16 r-,po)- �r'il City of Ukiah Bids may be emailed, faxed, or hand delivered, to the contact inlonnation listed herein, and bt' the specified deadline, or the bid will be rejected. Submitted by: L-2�o N 14 t'_.ie- (Company Name _ & Address) �� �2a,.vC� �p Ni� •—i-t�lC. t�Owi3i� ✓rel( BIDS ARE REOUESTED FOR THE FOLLO"'ING 17FEMS: • t Ar Q S b PAGE I OF 11 REQUEST FOR BID 1320 Airport Road UKIAH, CALIFORNIA 95482 P: (707)467-5777, F: (707) 313-3831 DATE: 5123/2017 REQ. NO. E32811 BIDS WHJ. BF RF,CFRT.D UNTIL 1:30 p.m., June 7, 2017, 2017 A I TILE OFFICE OF THS BUYER 1310 AIRPORT ROAD. CITY of UKIAH BY: Maty Williamson Email' niMlliamsolt(_W)pityofukiah.c(,m ALL BIDS SHALL BE F.O.B. UKIAH. CA. QUANTITY DESCRIPTION UNIT PRICE F.\TFNDFD PRICE. I All labor, materials, equipment and all incidentals to perforin demolition on the interior of Warehouse #6 and Warehouse #7 as detailed in Warehouse Demolition Drawing A100 sheet 1 of 1 attached LUMP SUM PRICE �7 Mandatory Pre -Bid Meeting 10 A.M. May 31, 2017 Electric Service Center 1350 Hastings Road Ukiah, CA 95482 Taxi (8.375 %): t tveL. O "\ Shipping: 1 TOTAL: L . QQ Payment Terms: SIGNATURE: � DA7 E: uk,� o _Let LEAD TIME ARO e V rr arC TERMS: 1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in complaince with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor. 2. Right is reserved to reject any and all bids. 3. Right is reserved to accept separate items unless specifically denied by bidder. 4. Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 6. The price, terms, delivery point, and delivery date may individually or collectively be the basis at the awarding of the bid. 7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days tram the bid due date, unless a different time period is specitied in RFS. a. tsiaaer agrees to perrorm according io its Dia, IT the t.iry s acceptance is communicatea to the oiaaer wnnin the ume speaneo in numoer (soave. wo— REQUEST FOR BID City of Ukiah Hastings Warehouse Demolition -Phase 1 MAY 23, 2017 Mandatory Pre -Bid Meeting 10 a.m. May 31, 2017 at the Electric Service Center 1350 Hastings Road Ukiah, California 95482 Bid Due Date 1:30 PM, JUNE 7TH, 2017 I. Introduction City of Ukiah is seeking bids from qualified Contractors to perfom demolition as detailed on Warehouse Demolition Drawing, at 1350 Hastings Road, Ukiah, CA 95482. II. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet, to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer ifyou would like to be placed on the City's bidder's list. III. Contact Person The City has designated Mary Williamson, Buyer, as the contact person for questions related to the work requested. Questions are to be submitted in writing, and can be done so by fax at (707) 313-3831, or by e-mail at mwilliamsonkcityofukiah.com. IV. Mandatory Pre -Bid Meeting A mandatory pre-bid conference will be held May 31,2017 at 10 a.m. at the project site located at the Electric Service Center at 1350 Hastings Road, Ukiah to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be lust cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. Oral statements or instructions made during this mandatory pre-bid conference will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements ofthe Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. City of Ukiah Hastings Warehouse Denio Phase 1 - RFB V. Bid Submittal Instructions Bids can be submitted in hardcopy, fax, or by email. Bids are due on or before 1:30 PM, June Vh, 2017 to: City of Ukiah Purchasing Department Attn: Mary Williamson 1320 Airport Road Phone: (707) 467-5777, Fax: (707) 313-3831 Email: mwilliamson(2cityofukiah.com It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response. VI. Scone of Work Contractor will provide all labor, materials and equipment to perform demolition on the interior of Warehouse #6 and Warehouse #7 as detailed in Warehouse Demolition drawing A100 Sheet 1 of 1 attached. VII. Measurement and Payment Measurement and Payment shall be in accordance with the attached Bid Form, which will be in one lump sum (LS) and include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, for performing all work necessary to perform the work as described in this bid specification. VIII. Terms The City asks that vendors specify their desired payment preferences in their bid response. The actual payment terms of the contract will be open for negotiation during the contract phase. If no special payments are requested prior to issuing the work, the City will assume net 30 terms. The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction Contract", Attachment B. IX. Warranty Unless otherwise indicated, the Contractor must provide a 1 year workmanship warranty from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. X. Bidder Qualifications The City will satisfy itself that the potential contractors are reputable firms with a proven track record and a proven product. Contractors are asked to provide the information requested under Work Performance History Capability. References are to be those who you have performed similar scope of work as asked for in 3 City of Ukiah Hastings Warehouse Demo Phase I - RFB this RFB. References are to include the contact name and phone number. A minimum of three references are requested. XI. Insurance Requirements Bidder's attention is directed to the insurance requirements — see Attachment C. Contractors shall furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance with policy limits of not less than $1,000,000 naming the City as an additional insured party. It is highly recommended that contractors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance requirements, that contractor may be disqualified from award of the contract. If you have questions regarding the City's requirements, please contact the City's Risk Manager at 707-463-6287. XII. License and Additional Requirements 1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required, and it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the actual cost of licenses. 3) License Requirements: Bidder/Contractor must possess a current State of California contractor's license and a City of Uriah business license. (For information business license, please contact Kathy Norris, City of Ukiah Finance Department at 707-463-6202.) a) The Contractor shall possess a valid State of California Class A. B or C-21 license. Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shall provide proof of proper certificates of registration for same. b) The bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 4) Notice to Bidders — Contractor Registration and Prevailing Wages No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department oflndustrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2014) unless registered with the Department oflndustrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, 4 City of Ukiah Hastings Warehouse Demo Phase 1 - RFB 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.gov/dlsr/pwd/northern.htmi . The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractor and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded on or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. Citv of Ukiah Hastings Warehouse Denao Phase I - RFB INDEMNIFY AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that 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 concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts. Contractor 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 acknowledges that this document, together with the resulting purchase order issued by the City, the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties. The undersigned declares they are familiar with the items specified and have carefully read the RFB specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this bid. This bid is submitted by, (check one) Individual Owner—Paarttnership Corporation Other Legal Name of Bidder Address of Bidder 3 50tit.� Tax ID# (o 13 — 0 4117s7 Phone Number My 7) Fax Number (7,0'7) 4eq , 3 p� California State Contractor's License #: 38S,1N3 AB c-^8 Expiration Date: m3 �r Zoi 9 DIR Public Works Contractor Registration #: 1,560 496 3 R By: �.a, zn Date/BG�Zo / 7 Signature t - Print or Type Name: kL A K ��6�t1y u l�sa:de — Title City of Ukiah Hastings Warehouse Demo Phase l - RFB WORK PERFORMANCE DATA HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed. WORK PERFORMED COMPANY NAME:�P_A.stt C, is UG CONTACT: ADDRESS. Z 3 A c,l e� V ITl1,eK cAr • q'S�"� o PHONEC'08,71 j9& l5'V9 5ijr 2. COMPANY NAME: CONTACT ADDRESS PHONE: 3. COMPANY NAME. CONTACT; ADDRESS PHONE: 4. COMPANY NAME: CONTACT:- ADDRESS:- PHONE: ONTACT:ADDRESS:PHONE: 5. COMPANY NAME: CONTACT: ADDRESS: PHONE: 7 City of Ukiah Hastings Warehouse Demo Phase 1 - RFB SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with proper firm name and business address of each. t )Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 2)Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 3)Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 0 City of Ukiah Hastings Warehouse Denso Phase I - RFB BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (Submit with Bid) PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: Hastines Warehouse Demolition -Phase 1 Should wc/i be awarded the contract. we/1 certify that weil can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the performance of the work specified. L Please Print (Person, Firm, or Corporation) — Signature of Authorized Representative �.� tatrd Q• f'�.ti. Q- �4 � � 1, ides Please Print (Name & Title of Authorized Representative) &G Date Phone Number 9 WAREHOUSE DEMOLITION NOTE: ALL LABOR, MATERIALS AND EQUIPMENT TO PERFORM DEMOLITION AS DESCRIBED BELOW. CONTRACTOR TO BE RESPONSIBLE FOR REPAIR /REPLACEMENT OF CONCRETE & ASPHALT SURFACES AROUND ALL WORK SITES AS NEEDED, ALL ELECTRICAL, GAS LINES AND WATER PIPES SHALL BE CAPPED OR PLACED SAFELY IN PROPER BOXES. ONTRACTOR RESPONSIBILITY The contractor is responsible for all demolition, removal and disposal of each location. All work and disposal shall be completed in a safe manner following all State, County and City rules and regulations. All hazardous material and and recycling regulations shall be followed. Work area shall be left clean and free of any debris and without loose or bonging rnoterial. Contractor will be responsible for damage caused to the permanent structure of the building that is not port of the demolition. Any protrusions left as o result of removal of walls, benches or covers shall be cut flush with the floor. GENERAL NOTES Demolition is limited to WAREHOUSE #6 and WAREHOUSE H7. Project consists of demolitien of walls, benches and covers as noted by the dashed red lines. (FLOOR ABOVE? -. WAFHK)I/5E#4 �I I � WARFHOU5F WAREHOUSE #6 #5 II 4 11 5rw�c[ ,. - -- --- II WAREHOUSE #7 FLOOR PLAN - GROUND FLOOR SCALE: am - ra W 3 5 k � p W n �zv LL 10 > Lamw 0 z Ld o w a w a O W U W 5 pc °zz++ x w n G U W au x W z zU w VI Z a a O O LL CTRi n 0206.15 AS NOTED lSili � � f �G. rl NoaTM aA100 L 04/19'20'7 SHEET I of DEP t1 1220- _- T to CAEWOkW 95482 HASTINGS WAREHOUSE DEMOLITION - PHASE 1 Addendum No. 1 May 24, 2017 1 he following is Addendum No. 1 to SPEC, NO. E32811- HASTINGS WAREHOUSE DEMOLITION - PHASE 1 IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. The MANDATORY PRE-BID MEETING TIME has CHANGED to the following: Mandatory Pre -Bid Meeting will now be at 11:00 A.M. on May 31, 2017. All other terms and conditions remain in full force and effect. Mary Williamson Buyer ACKNOWLEDGMENT I hereby c nowI dge that I have received this Addendum No. 1 and have reviewed and considered it before s bmitti g my bid. I Signed 0 _ Date:�.�u�... o4. - 2 Company Name: Eag&&- l.� . M St NL ___ Page 1 of 1 Spec E 32811 - Addendum 1 dated S/24/2017 C'uy of 11*1i PURCiWING DAXTAt1�32'0-�A-- ,OAD "� CALIFORN" 95482 HASTINGS WAREHOUSE DEMOLITION — PHASE 1 Addendum No. 2 May 31, 2017 The following is Addendum No. 2 to SPEC. NO. E32811 — HASTINGS WAREHOUSE DEMOLITION — PHASE 1 IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. I. The following are questions that have been asked, and corresponding answers: Ql: Are the Air Lines that are on the walls to be removed? Al: No with the exception of the Air Lines that are encased in the cabinet in Warehouse #6 that would need to be removed and capped off. Q2: Will the Electrical outlets need to be removed? A2: Only the electrical outlets and wiring that are out the outside walls of the rooms being demolished. Q3: What plumbing needs to be removed? A3: Only the plumbing in the bathroom being removed from Warehouse #6 will need to be removed and capped off. Q4: Does the tile that is in the bathroom that is being demolished need to be removed. A4: No All other terms and conditions remain in full force and effect. Mary Williamson Buyer Page 1 of 2 Spec E 32811 - Addendum 2 dated 5/31/2017 ACKNOWLEDGMENT I hereby acknowledge that I have received this Addendum No before sub tting my bid. Signed: Company Name: (A i: l� Date: _�,. Lk. w _ 06 — Za '? Page 2 of 2 Spec E 32811 - Addendum 2 dated 5/31/2017 SHORT FORM CONSTRUCTION CONTRACT #1617213 This Agreement is made and entered on June 8th, 2017 , in Ukiah, California, by and between Ferranti Construction, Inc., a CA General Corporation ("Contractor") and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. The plans and specifications for this work ("the Work") are contained in Exhibit A - Bid Specification, which is attached hereto and incorporated herein by this reference. 2. Contractor is properly licensed and qualified to perform the work. 3. Whenever this Agreement calls for City approval or notification, the approval or notification must be signed by the City Manager or his or her designee. AGREEMENT: Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows. 1. PERFORMANCE OF THE WORK Contractor will perform the Work as further provided herein. 1.1 Time of Performance. Contractor shall commence the Work when receiving a formal Notice to Proceed, and shall complete the Work by no later than July 12, 2017. 1 . 1 . 1 . it [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13-1.14, below, the Contractor will pay to the City the sum of five hundred dollars S:u\agrtms06\short form construction contract June 8, 2017 1 ($500.00) per day for each and every calendar day's delay beyond the time prescribed. 1.1.2 7 [check if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 1.2 Construction of Contract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification. 1.3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work. 1.4 New SB 854 requirements 1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.4.2 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.4.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. S:u\agrtms06\short form construction contract June 8, 2017 OA 1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR §16451 (d) . ) 1.5 Use of Employees. 1.5.1. Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 1.5.2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1.5.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all S:u\agrtms06\short form construction contract June 8, 2017 9 holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 1.5.4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 1.5.5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 1.5.6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 S:u\agrtms06\short form construction contract June 8, 2017 4 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and :5 for overtime) are available at the Department of Industrial Relations website at httn://www.dir.ca.aov/ 1.6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor's performance of the Work. The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector. 1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1.8 New Products Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided. 1.9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. 1.10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws. S:u\agrtms06\short form construction contract June S, 2017 5 1.11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. 1.12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1.13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. [Initial if following sentence applies /_/ /_/] CITY shall retain of the Contract Amount to secure the Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1.14. Extension of Time. Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable S:u\agrtms06\short form construction contract June 8, 2017 delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order. 1.15. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 1.16. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. S:u\agrtms06\short form construction contract June 8, 2017 7 1.17. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 M times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. 2. CONTRACT PRICE CITY shall pay the Contractor for performance of this Agreement time and materials with a total not to exceed amount of $7,029.00. 3. PAYMENT OF CONTRACT PRICE 3.1 City shall pay any invoice fo: by the City, within thirty (30) days payments under this contract shall be certificates in writing from the City covered by the payments has been done due in accordance with this contract. 4. INDEMNIFICATION AND INSURANCE. completed work, and approved of its receipt by City. All made upon the presentation of and shall show that the work and the payments thereof are 4.1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. S:u\agrtms06\short form construction contract June 8, 2017 n. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re - erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. S:u\agrtms06\short form construction contract June 8, 2017 9 The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 4.2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 4.2.1. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4.2.2. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. S:u\agrtms06\short form construction contract June 8, 2017 10 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4.2.3. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.2.4. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. S:u\agrtms06\short form construction contract June 8, 2017 11 4.2.5. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A - for financial strength, as for long-term credit rating and AMB -1 for short-term credit rating. 4.2.6. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 4.2.7. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services S:u\agrtms06\short form construction contract June 8. 2017 12 performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall: a. retain any amounts earned under the Contract but not yet paid by City; b. take possession of all material and fixtures on the job site; c. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of City. 8. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Con- tractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall S:u\agrtms06\short form construction contract June 8, 2017 13 have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a sub- stantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County. 11. SEVERABILITY. If any provision of the Agreement is held by a court of com- petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and S:u\agrtms06\short form construction contract June 8, 2017 14 effect without being impaired or invalidated in any way. 12. INTEGRATION. This Agreement, including the contains the entire agreement among the prior and contemporaneous oral understandings, and representations amendments to this Agreement shall be writing by all of the parties. 13. WAIVER. exhibits attached hereto, parties and supersedes all and written agreements, among the parties. No binding unless executed in No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 14. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, telefaxed or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: RRAIN/nTI CONSTRUCTION, INC d l4 ��• �x Z S4/z3bo �+�ckoR.� � l cZf� t/,¢%/ark , C'K- 9s*70 Ema=1: X" FAX: C7oyj 48� cagt- CITY City of Ukiah 300 Seminary Ave. Ukiah, CA. 95982 Nth Email: mwilliamson@cityofukiah.com FAX: 707_313-3831 Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. s:u\agrLAsQ6\;hoot :ortn ccnsLruction contract Jane R, 10117 15 15. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 16. EXECUTION OF AGREEMENT. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content. of this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. FERRANTI CONSTRUCTION, INC. CITY OF UKIAH By: h.� By Sage Sgiaco ' City Manager California Contractor's License Number 385543 [Number or N/A] s:u\ag[ June A, 1 r 9V4+1 "�� / v City of Ukiah Bids nray be emailed, fared, or hand delivered, to the contuct infor•rnalion listed herein, and hr thespecified eleadlirre, or the hid will he rejected. Submitted by: 7�0N N LA ?,. f e m 2 Nil+ (Company Name _ & .Address) �� ��L>�vTt CO H is l2ed w and T✓r4-1 I e•t.{ , t A, Q �-�c� "1 b BIDS ARE REOUESTED FOR 171E FOLLOWING ITEMS: PAGE 1 OF 11 REQUEST FOR BID 1320 .Airport Road UKIAH, CALIFORNIA 95482 P: (707)467-5777, F: (707)313-3831 DATE: 512312017 REQ. NO. E32811 BIDS WILL BE RF.CEII-ED UNTIL. 1:30 p.m., June 7, 2017, 2017 Al"rHF: OFFICE OF THF [BUYER 13'0 AIRPORT ROAn. CITY of UKIAII BY: Mary Williamson Frnail: mv✓illiamsnnr;cityofukiah.com ALL BIDS SHALL BE F.O.B. UK1AH, CA. QUANTITY DESCRIPTION UNIT PRICE. FXTFNDFD PRICE I All labor, materials, equipment and all incidentals to perfonn dctnolition on the interior of Warehouse #6 and Warehouse #7 as detailed in Warehouse Demolition Drawing A 100 sheet 1 of I attached LUMP SUM PRICI �Z�•� �f rjd� Q• Mandatory Pre -Bid Meeting 10 A.M May 3l, 2017 Electric Service Center 1350 Hastings Road Ukiah, CA 95482 Tac (8.375 O Shipping: TOTAL: Payment Terms: j, pp SIGNATURL: v-4�1DATE: dk,*- o —Lb )I LEAD TIME ARO MIN e r w WC TERMS: 1. LOCAL F REE --L l=NCt: Local Vendors shall De given an allowance of five percent (5%), up to a mawmum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in complaince with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor. 2. Bight is reserved to reject any and all bids. 3. Right is reserved to accept separate items unless specifically denied by bidder. 4 Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 6. I he price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 1. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a dltferent time period is specified in RF8. a. tsiooer agrees to perform accoraing to its Dia, it the uty s acceptance is communicates to the Dlaoer witnm ine time specined in numoer r above. kie— REQUEST FOR BID City of Ukiah Hastings Warehouse Demolition -Phase 1 MAY 23, 2017 Mandatory Pre -Bid Meeting 10 a.m. May 31, 2017 at the Electric Service Center 1350 Hastings Road Ukiah, California 95482 Bid Due Date 1:30 PM, JUNE 7TH, 2017 I. Introduction City of Ukiah is seeking bids from qualified Contractors to perfom demolition as detailed on Warehouse Demolition Drawing, at 1350 Hastings Road, Ukiah, CA 95482. II. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet, to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the City's bidder's list. III. Contact Person The City has designated Mary Williamson, Buyer, as the contact person for questions related to the work requested. Questions are to be submitted in writing, and can be done so by fax at (707) 313-3831, or by e-mail at mwilliamson@cityofukiah.com. IV. Mandatory Pre -Bid Meeting A mandatory pre-bid conference will be held May 31,2017 at 10 a.m. at the project site located at the Electric Service Center at 1350 Hastings Road, Ukiah to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. Oral statements or instructions made during this mandatory pre-bid conference will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. City of Ukiah Hastings Warehouse Demo Phase 1 - RFB V. Bid Submittal Instructions Bids can be submitted in hardcopy, fax, or by email. Bids are due on or before 1:30 PM, June 7', 2017 to: City of Ukiah Purchasing Department Attn: Mary Williamson 1320 Airport Road Phone: (707) 467-5777, Fax: (707) 313-3831 Email: mwilliamson@ciiyofukiah.com It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response. VI. Scope of Work Contractor will provide all labor, materials and equipment to perform demolition on the interior of Warehouse #6 and Warehouse #7 as detailed in Warehouse Demolition drawing A100 Sheet 1 of 1 attached. VII. Measurement and Payment Measurement and Payment shall be in accordance with the attached Bid Form, which will be in one lump sum (LS) and include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, for performing all work necessary to perform the work as described in this bid specification. VIII. Terms The City asks that vendors specify their desired payment preferences in their bid response. The actual payment terms of the contract will be open for negotiation during the contract phase. If no special payments are requested prior to issuing the work, the City will assume net 30 terms. The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction Contract", Attachment B. IX. Warranty Unless otherwise indicated, the Contractor must provide a 1 year workmanship warranty from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. X. Bidder Qualifications The City will satisfy itself that the potential contractors are reputable firms with a proven track record and a proven product. Contractors are asked to provide the information requested under Work Performance History Capability. References are to be those who you have performed similar scope of work as asked for in 3 City of Ukiah Hastings Warehouse Demo Phase I - RFB this RFB. References are to include the contact name and phone number. A minimum of three references are requested. XI. Insurance Requirements Bidder's attention is directed to the insurance requirements — see Attachment C. Contractors shall furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance with policy limits of not less than $1,000,000 naming the City as an additional insured party. It is highly recommended that contractors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance requirements, that contractor may be disqualified from award of the contract. If you have questions regarding the City's requirements, please contact the City's Risk Manager at 707-463-6287. XII. License and Additional Requirements I) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required, and it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the actual cost of licenses. 3) License Requirements: Bidder/Contractor must possess a current State of California contractor's license and a City of Ukiah business license. (For information business license, please contact Kathy Norris, City of Ukiah Finance Department at 707-463-6202.) a) The Contractor shall possess a valid State of California Class A. B or C-21 license. Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shall provide proof of proper certificates of registration for same. b) The bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 4) Notice to Bidders — Contractor Registration and Prevailing Wages —No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2014) unless registered with the Department of'Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department oflndustrial Relations. Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, 11 City of Ukiah Hastings Warehouse Demo Phase I - RFB 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.€7ov/dlsr/pwd/northern.htmi . The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractor and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded on or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 5 Cin, of Ukiah Hastings Warehouse Demo Phase 1 - RPT INDEMNIFY AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that 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 concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts. Contractor 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 acknowledges that this document, together with the resulting purchase order issued by the City, the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties. The undersigned declares they are familiar with the items specified and have carefullyread the RFB specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this bid. This bid is submitted by, (check one) Individual Owner �P-a-rtnership � l-orporation Other Legal Name of Bidder gGQ�(Z��I � . (7--11 • � NC , -- Address of Bidder Tax ID# (o8—D41a `571 yf-� �-0 Phone Number (�72 �� 00p� Fax Number ?a?) Q1� 3 ps, California State Contractor's License #: 38S5-ti3 AB c--& Expiration Date: m3 .3/ z'o/ 9 DIR Public Works Contractor Registration #: I ee0 606 3 QCp ByDate Signature �,-4 Print or Type Name: -kLA 9-1 Title City of Ukiah Hastings Warehouse Denio Phase 1 - RFB WORK PERFORMANCE DATA HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed. WORK PERFORMED COMPANY NAME:_ CONTACT i�vU Fx. m, ADDRESS: Z 3 410 QAC l . 1 coma"VA e�c'Pr• PHONE(067) � iso 9 br 2. COMPANY NAME: CONTACT ADDRESS PHONE: 3. COMPANY NAME. CONTACT:- ADDRESS- PHONE:- 4. ONTACT:ADDRESSPHONE:4. COMPANY NAME: CONTACT: ADDRESS: PHONE. 5. COMPANY NAME: CONTACT: ADDRESS: PHONE: 7 City of Ukiah Hastings Warehouse Deno Phase 1 - RFB SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with proper firm name and business address of each. I )Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 2)Subcontractor s Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 3)Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # E:3 City of Ukiah Hastings Warehouse Demo Phase I - RFB BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (Submit with Bid) PROPOSERICONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for; Hastings Warehouse Demolition -Phase 1 Should we/l be awarded the contract, well certify that we/I can meet the specified requirements far insurance, including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will comply with the provisions of Section 3 700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the pertonnance of the work specified. Fi&ki., L PleasePrint (Person, Firm, or Corporurion) — Signature of Authorized Representative %t ALA F� �G.E �. tl c 1.s � L V�S • ��ix� Please Priilt (Name & Title of Authorized Representative) co(, ® (p Z Z01 i)utc; Phone Number WAREHOUSE DEMOLITION --- NO IE- Al _ LAE -1H MA ILRIALS ANLL EQLlIP\ILN 1 10 I'EII )EMOL1 II',)N 4, !�-5�'F HE HL L,4 CJN ]HAI_ [IN IU�I`J':1 IHLE -OR REFA L' 'Pi _FL ��LM I, - �CN(PEIE /3 ASFr4Ll SJ -IF ACLS AROUNC AL WCRK SIIL A_ NE-JEJ' A' LLEC PIAL, ','A INE`_ AI,J VAIEF 'l 'E'. .HPI HE (AI 'EU UR I AU; SAF LLr IN P' 'Lk W,( FS CCNTRAC J3 RES'ON`131LITY rt [ II t l_ t t t q II t All L t _ Of t t Ip' na f t t lE 1 f Wtn m, fl— t;Eh�F A_ NUTE'�, AAF- ,.JSE 0 poi, t cf cc crc_ FLOOR PLAN - GROUND FLOOR 3 c4 F z w u u z R a z x w C Z W u w z w Q Q H w z U J z a z L, d � O N x O �t 0206.15 It rf T �G 5—T10 LSM/BCM TILL Noam A 04/19/2017 (, A 1 00 SHFHTIoiI vXIAJH4 cwrJFOxxu' 95482 HASTINGS WAREHOUSE DEMOLITION — PHASE 1 Addendum No. 1 May 24, 2017 The following is Addendum No. 1 to SPEC. NO. E32811— HASTINGS WAREHOUSE DEMOLITION — PHASE 1 IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. The MANDATORY PRE-BID MEETING TIME has CHANGED to the following: Mandatory Pre -Bid Meeting will now beat 11:00 A.M. on May 31, 2017. All other terms and conditions remain in full force and effect. Mary Williamson Buyer ACKNOWLEDGMENT I hereby nowledge that I have received this Addendum No. 1 and have reviewed and considered it before s bmitti g my bid. _'tSigned 6 — Dater.. Co.(- — 20 it Company Name: Eag&lz l` . N it tic Page 1 of 1 Spec E 32811 - Addendum 1 dated 5/24/2017 "KOH, CALiFORNL' 95482 HASTINGS WAREHOUSE DEMOLITION — PHASE 1 Addendum No. 2 May 31, 2017 The following is Addendum No. 2 to SPEC. NO. E32811 — HASTINGS WAREHOUSE DEMOLITION — PHASE 1 IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR YOUR BID MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. I. The following are questions that have been asked, and corresponding answers: Q1: Are the Air Lines that are on the walls to be removed? Al: No with the exception of the Air Lines that are encased in the cabinet in Warehouse #6 that would need to be removed and capped off. Q2: Will the Electrical outlets need to be removed? A2: Only the electrical outlets and wiring that are out the outside walls of the rooms being demolished. Q3: What plumbing needs to be removed? A3: Only the plumbing in the bathroom being removed from Warehouse #6 will need to be removed and capped off. Q4: Does the tile that is in the bathroom that is being demolished need to be removed. A4: No All other terms and conditions remain in full force and effect. Mary Williamson Buyer Page 1 of 2 Spec E 32811 - Addendum 2 dated 5/31/2017 ACKNOWLEDGMENT I hereby acknowledge that I have received this Addendum No. 2 and have reviewed and considered it before sub tting my bid. Signed: Date: t& fL... v .06 — zz /I Company Name: Page 2 of 2 Spec E 32811 - Addendum 2 da