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HomeMy WebLinkAboutGregg Simpson Trucking 2018-04-09SHORT FORM CONSTRUCTION CONTRACT - #1718207 This Agreement is made and entered on April 9, 2018, in Ukiah, California, by and between Gregg Simpson Trucking, a CA Sole Proprietor ("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 May 1, 2018. 1.1.1. X [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13-1.14, below, the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. S:u\agrtms06\short form construction contract April 10, 2018 1 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. 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 S:u\agrtms06\short form construction contract April 10, 2018 2 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 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 S:u\agrtms06\short form construction contract April 10, 2018 3 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 (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/ S:u\agrtms06\short form construction contract April 10, 2018 4 1.6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor's performance of the Work. The Inspector shall have no authority to change the work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector. 1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1.8 New Products Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided. 1.9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. 1.10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws. 1.11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by S:u\agrtms06\short form construction contract April 10, 2018 5 CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. 1.12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1.13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. [Initial if following sentence applies /_/ /_/] CITY shall retain % of the Contract Amount to secure the Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1.14. Extension of Time. Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 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. S:u\agrtms06\short form construction contract April 10, 2018 6 1.15. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 1.16. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 1.17. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless 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 S:u\agrtms06\short form construction contract April 10, 2018 7 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 the Lump Sum total amount of $56,294.70. 3. PAYMENT OF CONTRACT PRICE 3.1 City shall pay any invoice for completed work, and approved by the City, within thirty (30) days of its receipt by City. All payments under this contract shall be made upon the presentation of certificates in writing from the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 4. INDEMNIFICATION AND INSURANCE. 4.1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. 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- S:u\agrtms06\short form construction contract April 10, 2018 8 erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered 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. S:u\agrtms06\short form construction contract April 10, 2018 9 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. 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 S:u\agrtms06\short form construction contract April 10, 2018 10 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. 4.2.5. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A - for financial strength, aa for long-term credit rating and AMB -1 for short-term credit rating. 4.2.6. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies S:u\agrtms06\short form construction contract April 10, 2018 11 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 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. S:u\agrtms06\short form construction contract April 10, 2018 12 6. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of City. 8. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Con- tractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal S:u\agrtms06\short form construction contract April 10, 2018 13 government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a sub- stantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County. 11. SEVERABILITY. If any provision of the Agreement is held by a court of com- petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 12. INTEGRATION. This Agreement, including the exhibits attached hereto, contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 13. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall S:u\agrtms06\short form construction contract April 10, 2018 14 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: CONTRACTOR Gregg Simpson Trucking 250 Lake Mendocino Dr. Ukiah, CA 95482 Email:Gregg.simpson@comcast.net FAX: 707-468-7448 CITY City of Ukiah 300 Seminary Ave. Ukiah, CA. 95482 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. 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. S:u\agrtms06\short form construction contract April 10, 2018 15 WHEREFORE, the parties have entered this Agreement on the date first written above. GREGG SIMPSON ^RUCKING CITY OF UKIAH By: (Lv0_Sb,J y'/646 By. Sage S_giaci City .:nage California Contractor's License Number 650339 [Number or N/A] 16 EXHIBIT A City of Ukiah Bias min he entailed. !aunt nr hula delivered, la the c•wNucf inlirrnrurrnrr list('(/ lwrein. unit In Mt' Vt.' (licit dt rr trine. or the ha will he rejected Submitted by: (Company ame & Address) 4 c4- CA =CA `) 5Y P BIDS ARk.kkp( Fsfk11FOR IlIF f01,I,IMINC. IIFA! Qt .t'. r1 n DESCRIPTION Q lOF REQUEST FOR BID 1,1211 \IRI'OR ROAD I.I\tl.( \1nOR\I\t) 482 17117)467-'1777. 1. 17071 ,1 i-=sll DATE: 2/13/2018 RE • NO. E32813 BIDS N ILL BE RECEIVED 1 \ rIl 1:30 .m. t3 -Mar 2018 I nn (*Fit r.ul I Ill• lit 11 ft u 1321,:'1ttl'lett til. 4'441 „1I Al lit H1' \1an N'illiani.un lintail: misil1larnsonucii)utukiah,cunt ALL BIDS SHALL BE F.O.H. 1 Kt tit, (1. Provide all labor, materials and equipment for the installation of one (1) primary switch box pad and all 4" & 6" conduit from the intersection of Empire Drive and Bush Street to 1461 North Bush Street, Ukiah CA 95482 The work will consist of removing and replacing asphalt concrete and sidewalk, trenching compacting and installing and primary Junction box pad and conduits per Attachment 1 Work Order 1703 1481 North Busn Street Install PM Switch, 103 Circuit Improvemet (two (2) sheets). PRICE Mandatory Pre -Bid Meeting: 9:00 a.m., Marlch 1, 2018 Comer of Bush Street and Empire Drive Suh total lax (S.37S'%). Shipping: TOTA L: 5&2/. 4 ( 562Q`z< 17(1 1 LOCAL PREFERENCE :_0cai Vendors shall be given an allowance of five percent (5%; ,,p co a n a,,,nium allowance 0152.500 an any oic for supplies. equipment anoror mare' 1a pe, Ukiah City Coca Scchon ion 0 4 A Loco) Vendor ,s dor ilea as ono which Mice or diner business premises with a physical JOCabon .n Me no or one of the alias ,n MenOoano County for that busiress location and 3lahas oonductea Jus' ess n comeid business r la rice issued 1) a d 2� d� o Coulty ;ass than n sac (6) months prior to regLeaang the preference The City snag: receive satisfactory ardor trial a business qualifies as afor may receive the local preference In the event that there a a Le old where one biodei ,s loco! the other �s not, ane lila bid ,s Quality the awaro shalt gc to the any Local Vendor loos. veneer before ,t 2 Right ,s reserved to r equal in pnr� and y aro ail bias 3 Right is reser to accept separate tems ucless spececatry denieo oy mailer Right is reservers to resect a be from any b,ader Nno hes previously to lec to perform adequately for the City of Ukiah 5 In CASE OF DEFAULT lila City of Ukiah ma 07515 y pro.:ure the items gt.otea an from diner sources and hold the originalo,oder liable tar any ncreaseo The price, terms. delivery pointenc delivery Cate may indtvdual)y Or coltechve;y Iv the oasis of the awarding 7 In submitting the bid bidder agrees that the bid shah, rema n open and may a Different Urne Of the bip panda a speohed In RF8 not be revoked or wand awn for 60 days from the bid due date unless Bidder agrees to perform accar0ing to its oic ,f :he City's acceptance is comn,rn,cated ;o ire Drawer w n the t,rne specifetl in number Bove REQUEST FOR BID City of Ukiah 103 CIRCUIT EXPANSION Specification No. E32813 February 13th 2018 Mandato Pre -Bid Meetin 9:00 a.m., March 1st, 2018 Corner of Bush Street and Empire Drive Bid Due Date 1:30 p.m. March 136E 2018 City of Ukiah 1. Introduction Circuit Improvement Project RFB E32813 ('in of Lkiah is seeking bids from qualified Contractors for the installation (Wont: (1 ► rimar) pad and all 4" & 6" conduit from the intersection of Empire Drike and Bush Street to 1461 ti Street. [ Ikiah CA 95482, p switch boy The work u ill consist of remok ing and replacing North Bush trenching• compacting and installing and primas junction hot pad and conduits per Attachmentconcrete and s -Worksidewalk, Order 1703 1461 North Bush Street Install PM St itch. 103 Circuit ImprovementI 11. Bid Pure (two (2) sheets). roced PLEASE TAKE: NOTICE: This request for Bid (RFB) is issued as an open market purchase under 1522 of the Ukiah ('it) Code. This is not a kvrmai or inti)rtnal hid tinder the prokisions of governing Section RFB's for Public Protects. The procedures ;gokerning open market purchases are at the discretion of the Purchasing ostate law to obtain the lowest possible pricuse e oasis conrn sistent with the (inincluding ;c�edin T to obtain list when soliciting ssi ehprice. You nsi contact the Cit) • sn t` the telephone. e-mail and the internes, hi ids. The ifyou Purchasingod lie 1 docs use Cir the ('it)'s bidder list. b Officer ifyou would like to be placed on M. Contact Person The C'it) has designated Mar) Williamson, Bu)er II. as the contact person for questions related requested, (Questions are to he submitted in writing, and can be done so b) tax at (707 mail at 1d,\ to the work )313-3831. or b) c- 1% • Pre -Bid Meetin — :1landutor A qualified representatike of the Contractor is requested to attend a pre -hid meeting the and location below. Attendance at this conference is man d aeon. There will be given to inspect the job site, time at the designated date. e no other The purpose of this meeting will he to clarifj the contents of this hid request in order to prevent an misunderstanding of the Cit)•s position. An) doubt as to the requirements of this solicita apparent omission or discrepancy should he presented to the Cit) at this meeting. The Cit) wilor l then determine the appropriate action necessary. ,fan). and ma) issue a written amendment to the bid reqquest. am Oral statements or instructions w 111 not constitute an amendment to this solicitation, d Bid Conference Date: Rid Conference Time: Bid Conference Location: • Bid Submittal Instructions Bids can he submitted in hardcopy, fax. or hs email. Bids are due on or before 1:30 P.M .� • 'n 2018 to: larch 13 , March 1 ' 2')18 9:00 AM Corner of Bush St and Empire Dr. C'its of 1 kiah Purchasing Department Attn: 'k,1ars N illiamson. Bu) er 11 1320 Airport Road Ukiah. C'A 95482 Phone: ( 707) 467-5777. fax: ( 707) 313-3831 Entail: :1i,\ 2 City of Ukiah Circuit Improvement Project - RFB E32813 It will be the sole responsibility of the bidders to have their kids delivered to the City before hour and date. Late bids w ill not be considered and w ill he returned unopened to the sender. The City trill not he responsible for any cost incurred by the Contractor in preparation of their hid res nsethe closing Po VI• Sco a of V‘ ork Work requested shall. in general. consist of all labor. equipment and materials to install one ary switch hog pad (install only, pad to be supplied h. COf; . Attachment 1 - City of l Isiah Electric Utility Work Order 1703. 1461 North Bush Street (Install PM all 4" k 6" PVC SCH 40 conduits per Switch 103 Circuit Improvement. (two (2) sheets). The work will require the contractor to remove concrete and sidewalk, all trenching, install of all conduits, compact trench and replace asphalt conPM and sidewalk all per Attachment 1 - S asphalt Specifications K -Trench Detail". trete Contractor shall take whatever steps are necessary to provide that the finished job w ill be as generally accepted by recognized industry standards. Work schedule should he based on working. Monday thew Friday. 7:00 a.m. through . 4:00 p.m.. excluding City holidays. On a daily basis. the Contractor shall keep the site of work and adjacent premises safe and as from material. debris. and rubbish as practical. All construction debris created by project must up. remo%ed. and he disposed of properly and recycled if practical Haulingfree responsibility of the Contractor. be cleaned and dump tees are the Contractor will he responsible, in accordance with Construction Safety Orders of the Division Industrial Safety. State of California, to ensure the least possible obstruction to traffic and inconvenience to the general public. and adequate protection of persons and property in the vicinity of thew of ork. Work will not be considered complete until final inspection has been made by the City of Ukiah Electric Utility. Department. and work has been completed to his/her satisfaction. V. ork to he completed no later than: 41a tr � 8 VII, Measurement and Pa mens !Measurement - Measured by the lump sum hid. Pay ment - The lump sum price shall include full compensation for furnishing equipment and incidentals, and doing all the work involved as described by the project sco and no additional compensation w ill he allowed therefore_ all labor, materials, tools, pc and plans. V111. Tern ti The City asks that vendors specify their desired payment preferences in t actual payment terms of the contract w ill be open for negotiation during pay mems are requested prior to issuing herr hid response. The g the work. the City will assume nett 30 contract phase. If no special The City reserves the right to award to the lowest, responsible bidder. The City also reserves right to waive any irregularities and technicalities and request rehids should it he deemed in its best to do so. The price. terms. delivery point. and delivery date may individually or collectively, e be the awarding of the bid. In addition, the City reserves the right interests to make the selection of specific- pan otaarbidr' 3 City of Ukiah Circuit Improvement Project - Rf8 E32813 or multiple proposals that w ill hest meet the needs of the City as defined in this RFB. In addition, the reser%es the right to reject am or all bids. The awarded contractor will enter a "Short Form Constructi Contract", sample attached as Attachment 2. City on IX. Bidder ( ualifications 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 protide the information requested under Performance History Canahilit�. References are to he those w ho ou have as asked for in this RFB. References are to include the contact name and phone number. A mnWoof performed similar scope of work three references are requested. mum of X. Insurance Requirements Bidder's attention is directed to the insurance requirements see attached detailed insurance requirements (Attachment 3. two a requiiements insuranceA tachment t pages). Contractors shall furnish to the Cit. upon utrurd of ontrac•r. L full liability under Worker's Compensation Taws of the State of California. Comprehensive General Liability and Business Auto Insurance with policy limits of not less than S1.000.000 naming the City as an additional insured party . It is bights recommended that contractors confer with their respectite insurance carriers or brokers to determine in advance of hid submission the a%ailability of insurance certificates and endorsements prescribed and provided herein. It an apparent awarded contractor tails to comply with the insurance reyuirements, that contractor may he disqualified from award of the contract. If you have questions as regarding the City's requirements, please contact the City's Risk Manager at 707-463-6287. XI. License and Additional Re uirements 11 Cur�ance with Law, and Re,ul ltion - 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. ifrequesteJ by the City. supply certification and et idence ofsuch compliance. 2) I.e'al Requirements and Permit.: The contractor agrees to fully comply with all local, City. State and Federal laws. rrgulatioat, and ordinances governing performance of contractual services required, and it will he the responsibility of the contractor to obtain am and all necessary licenses, permits or clear s. including the actual cost of -licenses. areas. ') License Reuirctnents: Bidder/Contractor must possess a current State of California contractor's license and a Cit of Ukiah business license. ( For information business license, please contact Kathy Norris. City of ('kiah Finance Department at 7(17-463-6202.) a) -t he Contractor shall possess a valid State of California ('lass A (General Engineering) Contractor's 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 sante. 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 pros ide the City with proof of proper licenses. certificates and proof of insurance for work performed. J 4) Notice to Bidders —Contractor Re,istration and Prey ail in W acNs <<mN'ueYnr orAtnccontructor 4 City of Ukiah Circuit Improvement Project - RFB E32813 mut he listed on a hid proposed for a ambler tro►k.% project tc,uc s \ registered o re l ..rrd with t he Ue puymcn tof Industrial Relations ptncrunt to Labor (ode section 1-25.5 /with !imlyd execPliar'Icor thisrryrirvtent for hid purposes (Rill tinder Labor (,dc section I I Irt/ .1.'ncnarsrhrunnuc/„rora• he accorded a contract for public Nark on a/rhliworks pred unless +rgiatcrrtti/the Department of Industrial Relations pursuant t, Labor secbut 125• The prlse control. %/ulhe responsible /or he%:lr fob site nuu.e% as prcripe/ hrregulation. Tficproject is suhiecto compliance monitorin; and entorcenent hr the Thwart/nem uJ Industria Relations Public Works Small Pro/ed Even/pion: Small project exemption means that contractors who w exclusively on small projects are not required to register as electronic certified payroll reports for those projects. I lowever. prevailing wages must ark public works contractors or file on projects a ith small project exemption. Contractors are still required to maintain certified payroll ' b still be paid records on a continuous basis. and pro% ide those records to the Labor Commissioner's Office upon request. Small project exemption is applied based on the amount of the entire project. not a contractors subcontracted amount of the project. Small project exemption applies for allubl' works projects that do not exceed:$25.000 for new construction, alteration. installation, demolition or repair. and $15.000 for maintenance. p re Each laborer or mechanic of Contractor or an) subcontractor engaged in work on the project under this contract shall he paid. pursuant to provisions of Section 1770. including amendments thereof: Relations, ges of the Labor Code of the State of California, the Director of the Department of Industrial State of California. has ascertained the general prevailingrate of %%a • • Saturda}s. Sunday, and llolidays including emplo%ertbr;traight time. overtime P pension and similar purpose, copies of the General Pr a`ilin b nt for Determination (applicable health and welfare, vacation. to the work. for the locality in which the work is to be done can he reviewed at Website. \N\1 illi.,.; �� ,11•I 1\\\�p•llill'r ll.l_tli.. The Labor Commissioner through the Division or am lime require out/rm./or and .%ubcon/ruc•tor.% nl �turnishbor relec /ryink•certifiedt payroll may at dirrc•t!r• n, D/..S£. For IH•ajec•L% that c% out meet the put'rull pejo,,"% contractors a nl.sub subcontractors must /morel.%/r electronic certified pk\t•rr,// re .ordsSmall cdircctlt to the DL.SL•. City of Ukiah Circuit Improvement Project RFB E31813 1NDENINIF1 AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for lis, or damage to any person or entity. and to defend. indemnity. hold harmless and release the City. its officers, agents one employees, from and against am and all action,. claims. damages. disabilities. or casts of litigation or entity. arising out of or in connection with the negligent or illful misconduay ct insthe Aerted be. any person contractor hereunder• whether or not there is concurrent• grist s i or active negligencepthe pari nor he City, hut excluding liability due to the sole acriye negligence or willful miscoduct ot,the ('ity.`il!his 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 4ents under Workmen's Compensation acts. disability benefits aces or other employee's benefits act.. Contractor shall he liable 10 the City for any loss or damage to City property arising from or in connection with (untractur performance hereunder. I he undersigned acknowledges that this ducuntent, together with the resulting CShort onstruction Contract. the insurance reyuireme its fur orocontractors. er issued �and the (y the !untractor Statemty. the esecuteent Regarding insurance cuycragc comprise .: ►%ritten agreement between tae Contractor and the City binding on both parties. rhe undersigned declare, they ars familiar with the items specified and have carefully read the RI'3 specificatior requirements. checked all of 1Iic figures stated on the specifications and accept, full responsibility tor any error or omission in the preparation of this hal. r his hid is submitted hy. toned. ,rte) Indio idual Oµ tier _ I'artncr.hip t urporation Legal Name of Bidder' ;/.).- Address of bidder 1 ! f } t Q�,(r .j j C. Lit ,n !' ( : Iax IUB Phone Nutrher 5CC 70 7 c/ g l (c :Sof Other Fav \umher 1141 7yyel California State Contractor's License. #: 4^ ()-C. '?; " 9 1•xpiratDate: C12.e'tcj l3� t Signature Print or lype Name: j)t j r Lne c5, 6 1 )a t.• 1 itle City of Ukiah Circuit Improvement Project RFB E32813 NORK PERFORMAN DATA Prowde the name. locations anc a narra•we statement on the work performed HISTCRY AND CAPABILITY 1 COMPANY NAME Lt_}- tta C. CONTACT: & _rte_ 1�, ADDRESS. 3t,C,4-14 Ave- PHONE vePHONE 7t: 1 6 7 4 2 COMPANY NAME CA 'h CONTACT ADDRESS-__ � `t St IL, j ..r PHONE_ _ 403-LC'L&tl 3. COMPANY NAME (it". L /))c r.et.ct CONTACT __12)' f2). ADDRESS eti /qt.:Qd PHONE 7._) 1- jt, 4 COMPANY NAME a Ci n" - 4, CONTACT— L-.' S_ ADDRESS _ 3__V LA -Cc thcf..rtet -2:) Z 3k )I2 5. COMPANY NAME _Cr -Py si t t V., e C CONTACT /141:% t N c•,5A ADDRESS ,At c' y PHCNE - . `1(J L 33 7 WORK RERFORMED c r C 4rel2 ['m�Sst�a! r 1 CsZ et_( e ed tit / n IN -14 �cmr i uk..c( q.e .t .or SAtE Lit kw+c rc" /?-6►"°`L� f�2,yr,l;hs UAL, Satt;r.,u-Gzek 8' /t. • — r% i7tS1tL.( / •C 04 . J C ^t� .1; e. _ City of Ukiah Circuit Improvement Project - RFB E32813 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. Subcontractors Name Address CityiState/Zip Phone Number =ax Number License Number/Type:Expiration Cate Subcontractors Name Address City'StateZip Phone Numoer Fax Natter L.cense Number/Type/Expratio•1 Date Subcontractors Name Adcress Cay/State/Zia Phone N,,mber Fax Number License Number/TypxpuaGon Date 8 lora .o De performed Aorx :o be perorried Work to be performed City of Ukiah Circuit Improvement Project - RFS E32813 1311)1)1.RCO\IRA(•IOR SIAII.AIt \ I RI.G \RI)I\G I\St R \\; •1 (Y ri 1:RA(i, (Submit with Bid) PRt )POSER C_C)\ IR•'t .1 OR III RI BY (1 R III 11 S that he she ha. re%tcwcd and understands the insurance coscrage requirements ,p;citied in the Request for Bid her WI t 32 b 13 c.. (ttr1 : A. arae•_,✓• Should we.I he awarded the „ontract .,e I certif.) that we 1 can meet :he specilied r:auirenlertts tilt insurance. including insurance co%crag,. of the ,uhcontractors. and agree :o name the (.it h of l kiah as Additional Insured tun the work ,pccitied. \ski we 1 will .,irnpl� with the pros isions oI Scc:iun 771111 of the Labor ('odc. which require esen employer to he insured against liahiiiher wuiket•, “„11 pcnwtion or to undertake self-insurance in accordance with the proctstons of that code. netorc c.lnlrnencrng the nerformance of !he work specitied Please Print ,Person. Finn. or C orporat:vnt : J"se- Signature se,Si nature of Authorized Rcprc,c•ntati%c _DO( l..f rt E �lu.,.JOiZ Please Print 1\anle & , itic ,rt \uillorved Rcprescrnatisel 3 is /6. Date !'hone \umber 9 PE ?a, A6 P1683 25 • • II 1 ..a.Cli,C111 Al NMI mo mem .moni• poem am... 0001- •••••• EMPIRE 91( 4 I 1 r i•i it , .4,11 1•1. c tit VAULT 55 • I !IP I II 1 1 CITY Of LAIAll t I t Vital, • .41 Mitt • ,• MI4 .• • -• - • - 1461 NORTH BUSH STREET INSTALL PM SWITCH 103 CIRCUIT IMPROVEMENT '.1-1 frj 1 4 12 • 3 1 11" 2' 3 5. N ciPF I T'4,IRA f4S, ,IREof E•15EJ CITY or ff.& CAPAP fW<Ifl • ' 4 I• VW ANA °Mt (V ‘1,4 "WM. ft, aff •f. ftw. 1461 NORTH BUSH STREET INSTALL PM SWIICH 103 CIRCUIT IMPROVEMENT 41, NOTE: `/G GRJvhj CCNJvCTOR CG, - uRUu\U ROL ..AxIP GROUNDING DETAIL 1. A COIL OF GROUND CONDUCTOR SHAL,_ 3E L=F f ROD CAMP ATTACHMENT. THEBEYOND UC GROUND NEEDED AT EACH TYPE LENGTH OF GROUND CONDUCTOR MODULE ENCEOSUREQUIPMENT LOCATION IS AS FOLLOWS: TRANSFORMER - 6 ft. VAULT - 6 ft. SWI -CH - 16 ft. - 18 ft 2. WHERE GROUND BUS 15 TO BE INSTALLED AT PRIMARY VAULT LOCATIONS, THE GROUND ROD SHALL BE DRIVEN OUTSIDE PRIMARY VAULT. THE COIL OF GROUND CONDUCTOR SHALL BE PLACED NSIDE THE VAULT THROUGH A OF THE 2. SEALED OPENING IN THE VAULT (S;DE) THE GROUND ROD SHALL BE GALVANIZED STEEL OR PER STEEL NOT LESS THAN 5/8" IN DIAMETER AND 8 ft. IN LEN CLAP GTH 4. A GROUND ROD CLAMP SHALL BE USED TO CONNECT THE GROUND CONDUCTOR TO THE GROUND ROD. BE A 3/4", THE GROUND ROD CLAMPSHALLOR APPROVED EQUAL. 8- 1 /0 STR COPPER C -AMP JOSLYN CAS NO. J8493AB CONSTRUCTION STANDARD SOIL AROUND REMAINDER OF BOX PAD TO MATCH FINISHED GROUND GRADE HEIGHT OF ROCK NSIDE BOX PAD PADMOUNT SWITCH 90X PAD MAXIMLM 4-5" HEIGHT OF SOIL AT BACK OF BOX PAL �- 6" min. f CRUSHED ROCK PER ASTM 038 GRADIENT #67 (j4" TO NO. 4 WELL GRADED) HEIGHT OF CONDUITS INSIDE BOX PAD (TYP ALL CONDUITS) 1. PADMOUNT SWITCH BOX PAD SHALL BE LEVEL. 2 PADMOUNT SWITCH SITE TO BE COMPACTED TO 90% COMPACTION (HYDRO—HAMMER IS NOT TO BE USED AROUND BOX PAD) 3. GROUND CONDUCTOR PER UEUD SPEC. 314 1007(2) & 314 1008. T �\ r No. REVS'ONS DATE BY CK'D APP'D CONSTRUCTO, STANDARD SI•EET OF -