HomeMy WebLinkAboutBridges Restoration LLC 2020-03-19 (also under West Coast Fire & Water)i
CONTRACT 1920-237
ON-CALL EMERGENCY CLEAN-UP SERVICES FOR THE CITY OF UKIAH
This Agreement is made and entered on March 19, 2020, in Ukiah, California, by and between
Bridges Restoration LLC, dba West Coast Fire & Water, a limited liability company ("Contractor")
and the City of Ukiah ("City"), a general law municipal corporation.
RECITALS:
1. The work is for on-call emergency clean-up services in response to the current COVID-19
outbreak, as well as other emergency clean-up or restoration work that may be necessary, ("the Work")
as described in Exhibit 1, 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. Time is of the essence, and the Contractor shall commence making
the services available to the City at the receipt of a Notice to Proceed, and they shall be available
thereafter upon request for service by City. Contractor will be available 24 hours a day, 7 days a
week. Guarantee response time will be 45 minutes of the call, and will be onsite within 2 hours.
Contact information to call in case of an incident is provided as Exhibit 2.
1.2 Construction of Contract Documents. Contractor will perform the Work in compliance
with the attached Exhibit 1. If there is any inconsistency or conflict between Exhibit 1, and this
agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in an
Amendment to this agreement.
1.3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools,
equipment, and transportation necessary to perform the Work.
CONTRACT 1920-237
1.4 SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works
project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor
Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring and enforcement by the
Departrnent 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. All contractors and subcontractors must furnish electronic
certified payroll records directly 4o 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 Tess 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
CONTRACT 1920-237
California, City has ascertained the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar purposes) applicable to the work
to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays
recognized in the collective bargaining agreement of the particular craft, classification, or type of
workers concerned. Copies of the General Prevailing Wage Determination are on file in the office
of the City Engineer and are available to the Contractor on request. The Contractor shall post the
wage determination at the site of work in a prominent place where the workers can easily see it.
1.5.4. 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 1/2 for overtime) are available at the Department of
Industrial Relations website at http://www.dir.ca.gov/
1.6 Compliance with the Contract Work Hours and Safety Standards Act.
1.6.1. Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of laborers or mechanics
3
CONTRACT 1920-237
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
1.6.2. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to Page 14 of 25 www.fema.gov/procurement-disaster-assistance-
team To Table of Contents U. S. Department of Homeland Security Headquarters 500 C St SW
Washington, D.C. 20042 the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $26 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
1.6.3. Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined
to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
1.6.4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (b)(1) through (4) of this section.
1.7 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.
1.8 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
4
CONTRACT 1920-237
Agreement.
1.8 Compliance with Laws, including applicable federal 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. This is an acknowledgement that FEMA financial assistance may be
used to fund all or a portion of the contract. The contractor will comply with all applicable Federal
law, regulations, executive orders, FEMA policies, procedures, and directives.
1.9 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.
1.10 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 1.
2.11 Warranties. In addition to any other warranties in this contract, the Contractor warrants
that the Work conforms to the contract requirements
2. COMPLIANCE WITH DAVIS-BACON ACT
2.1. All transactions regarding this contract shall be done in compliance with the Davis -
Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may
be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the
requirements of 29 C.F.R. pt. 5 as applicable.
2.2 Contractors are required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor.
2.3 Additionally, contractors are required to pay wages not less than once a week.
3. CLEAN AIR ACT
3.1. The contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
5
CONTRACT 1920-237
3.2 The contractor agrees to report each violation to the (name of applicant entering
into the contract) and understands and Page 16 of 25 www.fema.gov/procurement-disaster-
assistance-team To Table of Contents U. S. Department of Homeland Security Headquarters 500
C St SW Washington, D.C. 20042 agrees that the (name of the applicant entering into the contract)
will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3.3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
4. FEDERAL WATER POLLUTION CONTROL ACT
4.1. The contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
4.2. The contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency Regional
Office.
4.3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
5. SUSPENSION AND DEBARMENT
5.1. U. S. Department of Homeland Security Headquarters 500 C St SW Washington, D.C.
20042 (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such, the contractor is required to verify that none of the contractor's principals (defined
at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement
to comply with these regulations in any lower tier covered transaction it enters into. (3) This
certification is a material representation of fact relied upon by (insert name of
recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
(insert name of recipient/subrecipient/applicant), the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer
agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C while this offer is valid and throughout the period of any contract that may arise from
this offer. The bidder or proposer further agrees to include a provision requiring such compliance
in its lower tier covered transactions.
h
CONTRACT 1920-237
6. BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (as amended)
6.1 Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an
employee of a Member of Congress in connection with obtaining any Federal contract, grant, or
any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to
the awarding agency. Please refer to Exhibit 4 for signed certification.
7. PROCUREMENT OF RECOVERED MATERIALS
7.1 In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired—
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
7.2 Information about this requirement, along with the list of EPA designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www. epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
7.3 The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
8. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement time and materials with a total
not to exceed amount of $20,000.
9. PAYMENT OF CONTRACT PRICE
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.
7
CONTRACT 1920-237
10. INDEMNIFICATION AND INSURANCE.
10.1 Indemnification. The Contractor shall do all of the work and furnish all labor,
materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper
for performing and completing the work herein required in the manner and within the time herein
specified. The mention of any specific duty or liability imposed upon the Contractor shall not be
construed as a limitation or restriction of any general liability or duty imposed upon the Contractor
by this contract, said reference to any specific duty or liability being made herein merely for the
purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and
the liability of the Contractor for all damages to persons or to public or private property, arising from
the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this
contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re -erections and repairs, occasioned or
rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its
officers, directors, agents, and employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees
and costs of any necessary private investigators arising out of or resulting from the performance of
the 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
8
CONTRACT 1920-237
or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to
that effect furnished to the City.
10.2 Insurance. Contractor shall procure and maintain for the duration of the contract
insurance as per Exhibit 3.
11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the
contractor agrees as follows:
11.1, The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
11.2. The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will Page 8 of 25
www.fema.gov/procurement-disaster-assistance-team To Table of Contents U. S. Department of
Homeland Security Headquarters 500 C St SW Washington, D.C. 20042 receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
11.3. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
11.4. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
9
CONTRACT 1920-237
11.5. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
11.6. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
11.7. In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
11.8. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (6.1) through (6.8) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United States. The applicant further agrees
that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant
so participating is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not participate in
work on or under the contract. The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary responsibility
for securing compliance. The applicant further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
10
CONTRACT 1920-237
contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to
Part 1I, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, Page
10 of 25 www.fema.gov/procurement-disaster-assistance-team To Table of Contents U. S.
Department of Homeland Security Headquarters 500 C St SW Washington, D.C. 20042 guarantee);
refrain from extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
12. COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT.
12.1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference
into this contract.
12.2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as FEMA may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
12.3. Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12."
13. ACCESS TO RECORDS.
13.1. The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representatives access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this contract for
the purposes of making audits, Page 23 of 25 www.fema.gov/procurement-disaster-assistance-
team To Table of Contents U. S. Department of Homeland Security Headquarters 500 C St SW
Washington, D.C. 20042 examinations, excerpts, and transcriptions.
13.2. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
13.3. The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being completed
under the contract.
11
CONTRACT 1920-237
14.4. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or internal
reviews by the FEMA Administrator or the Comptroller General of the United States.
14. DHS SEAL, LOGO AND FLAGS.
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
15. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE
ORDERS.
This is an acknowledgement that FEMA financial assistance will be used to fund all or a
portion of the contract. The contractor will comply with all applicable Federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
16. NO OBLIGATION BY FEDERAL GOVERNMENT.
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS.
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
17. TERMINATION.
This Agreement may be terminated by City: 1) for convenience 2) for breach of the agreement;
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 convenience of the City, 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
be entitled off -set any damages incurred by the City as a result of the breach from any amounts due
to Contractor for work performed prior to the date the contract was terminated.
18. 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.
CONTRACT 1920-237
19. 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.
20. 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.
21. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Contractor is an independent contractor and
not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no
right to, and shall not control the manner or prescribe the method of accomplishing those services
contracted to and performed by Contractor under this Agreement, and the general public and all
govemmental 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 substantial investment in its business and that it maintains its own offices and
staff which it will use in performing under this Agreement.
22. GOVERNING LAW.
This Agreement shall be govemed 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.
23. SEVERABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
13
CONTRACT 1920-237
24. 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.
25. 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
be binding unless executed in writing by the party making the waiver.
26. 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 CITY
Bridges Restoration, LLC
dba West Coast Fire & Water
5846 Live Oak Drive, Suite 1
Kelseyville, CA 95451
Email: lbingham@westcoastfireandwater.com
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Email: mhorger@cityofukiah.com
Either party may change the address to which notices must be sent by providing notice of that change
as provided in this paragraph.
27. 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.
28. 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.
14
CONTRACT 1920-237
WHEREFORE, the parties have entered this Agreement on the date first written above.
BRIDGES RESTORATION LLC, dba WEST COAST FIRE & WATER
By:
Print Name: Lori 123 1 haw-)
CITY OF UKIAH
By:
15
FIRE & WATER
03/18/2020
City of Ukiah
Re: Scope of Work
The scope of our services would be to ULV fog surfaces below 8 feet
30), with a special emphasis on high -touch services.
Benefect Decon 30 is a registered botanical disinfectant, bactericide,
decontaminate surfaces using a wet fog method. Benefect Decon 30
levels without compromising indoor air quality. As with any cleaning
the property will be or will remain free of the virus.
Pricing is as follows:
• 0 -1500 square feet = $1.65 per foot
• 1501- 5000 square feet = $1.30 per foot
• 5001-10,000 square feet = $.85 per foot
• 10,001- 25,000 square feet = $.70 per foot
• 25001 square feet and larger = $.60 per foot
• Police or ambulance virus cleanup $750.00
• Police or ambulance non -virus cleanup $350.00
ACCEPTANCE OF STATEMENT
I understand and agree with these statements.
EXHIBIT 1
with an EPA registered product (Benefect Decon
virucide and fungicide. It will be used to
does not add any VOCs and will reduce pathogen
protocol, there cannot be a 100% guarantee that
Signature Date
5846 Live Oak Drive
Suite 1
Kelseyville, CA 95451
EXHIBIT 2
03/18/2020
City of Ukiah
Re: Points of Contact
Danny Salazar: 707-513-5131
dsalazar(tawestcoastfireandwater.com
Leo Martinez: 707-245-7017
ImartinezPwestcoastfireandwater.com
WedtCwit
FIRE & WATER
5846 Live Oak Drive
Suite 1
Kelseyville, CA 95451
EXHIBIT 3 - ENVIRONMENTAL CONTRACTORS AND/OR CONSULTANTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors. With respect to
General Liability, Errors & Omissions and Pollution and/or Asbestos Pollution Liability coverage should be
maintained for a minimum of five (5) years after contract completion.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Forrn No. CG 20 10 10 01 and
Commercial General Liability — Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, Code 1 (any auto) or
Code 8, 9 if no owned autos.
C. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
D. Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions.
II. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence (for bodily injury, personal injury and property damage
including operations_ products and completed operations as applicable. If Commercial General Liability
Insurance or other form with a general aggregate limit Is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit. Insurance must be written on an occurrence basis.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Employer's Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease,
$1,000,000 each employee bodily injury by disease.
D. Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions: $1,000,000 each
occurrence/$2,000,000 policy aggregate.
III. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self insured retentions with respect to the City, its
officers, officials, employees and volunteers; or the Contractor to provide financial guarantee satisfactory to the
City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or
to approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability, pollution and/or asbestos pollution policies are to contain, or
be endorsed to contain, the following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor, and with respect to liability arising out of work or operations performed by or
on behalf of the Contractor including materials, parts or equipment fumished in connection with such
work or operations; Pollution and/or Asbestos Pollution.
Page 1 of 2
B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses paid under the terms of this policy which arises from the
work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on as workers' compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, and volunteer. 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.
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
E. Note: (this protects the Contractor) Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
F. The Automobile Liability policy shall be endorsed to delete the Pollution and/or the Asbestos
exclusion and add the Motor Carrier Act endorsement (MCS -90), TL 1005, TL 1007 and/or other
endorsements required by federal or state authorities.
G. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverages are written on a Claims Made form:
1. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of
contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims made policy form
with a "Retro Date° prior to the contract effective date, the Contractor must purchase "extended
reporting" coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
V. Rating - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Bests rating of no less than A -
for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating.
VI. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City's forms, those endorsements must provide coverage that is equivalent to or better
than the forms requested by the City. All certificates and endorsements are to be received and approved by
the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
if you have questions regarding our Insurance requirements contact
Revised: 11/20/08
Risk Manager (707) 463-6287 FAX (707) 463.6204
Page 2 of 2
•
EXHIBIT 4
44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Page 20 of
25 www.fema.gov/procurement-disaster-assistance-team To Table of Contents U. S. Department of
Homeland Security Headquarters 500 C St SW Washington, D.C. 20042
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Contractor, Bridges Restoration LLC, dba West Coast Fire & Water, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
)r
Signature of Cont act is Authorized Official
LG i�� B 1 \ 0\ rrk. 0l4c21 ry 1 c C .
Name and Title of Contractor's Authorized Official
c \-2—Q -LO-LS)
Date