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HomeMy WebLinkAboutWoida Enterprises, Inc. dba Arrow Fencing 2018-05-03CONTRACT 1718221 - FENCING AT WELL #4 This Agreement is made and entered on May 3, 2018, in Ukiah, California, by and between Woida Enterprises, Inc., dba Arrow Fencing, a corporation, 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 June 30, 2018. 1.1.1. U [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13-1.14, below, the Contractor will pay to the City the sum of five hundred dollars S:u\agrtms06\short form construction contract May 3, 2018 1 ($500.00) per day for each and every calendar day's delay beyond the time prescribed. 1.1.2 ❑ [check if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 1.2 Construction of Contract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification. 1.3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work. 1.4 New SB 854 requirements 1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.4.2 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.4.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. S:u\agrtms06\short form construction contract May 3, 2018 2 1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR §16451(d).) 1.5 Use of Employees. 1.5.1. Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 1.5.2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 1.5.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all S:u\agrtms06\short form construction contract May 3, 2018 3 holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 1.5.4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 1.5.5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 1.5.6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 S:u\agrtms06\short form construction contract May 3, 2018 4 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and for overtime) are available at the Department of Industrial Relations website at http://www.dir.ca.gov/ 1.6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor's performance of the Work. The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector. 1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement. 1.8 New Products Require fixtures furnished by Contractor and of the most suitable grade otherwise specifically provided. d. All equipment, materials or under this Agreement shall be new for the intended purpose, unless 1.9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work. 1.10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws. S:u\agrtms06\short form construction contract May 3, 2018 5 1.11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A. 1.12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty. 1.13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. [Initial if following sentence applies /_/ //] CITY shall retain of the Contract Amount to secure the Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor. 1.14. Extension of Time. Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable S:u\agrtms06\short form construction contract May 3, 2018 6 delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order. 1.15. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 1.16. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. S:u\agrtms06\short form construction contract May 3, 2018 7 1.17. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. 2. CONTRACT PRICE CITY shall pay the Contractor for performance of this Agreement time and materials with a total not to exceed amount of $6,500.00. 3. PAYMENT OF CONTRACT PRICE 3.1 City shall pay any invoice for completed work, and approved by the City, within thirty (30) days of its receipt by City. All payments under this contract shall be made upon the presentation of certificates in writing from the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 4. INDEMNIFICATION AND INSURANCE. 4.1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. S:u\agrtms06\short form construction contract May 3, 2018 8 The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re - erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. S:u\agrtms06\short form construction contract May 3, 2018 9 The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 4.2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 4.2.1. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4.2.2. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. S:u\agrtms06\short form construction contract May 3, 2018 10 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4.2.3. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.2.4. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. S:u\agrtms06\short form construction contract May 3, 2018 11 4.2.5. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A - for financial strength, aa for long-term credit rating and AMB -1 for short-term credit rating. 4.2.6. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 4.2.7. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services S:u\agrtms06\short form construction contract May 3, 2018 12 performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall: a. retain any amounts earned under the Contract but not yet paid by City; b. take possession of all material and fixtures on the job site; c. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach. 6. MODIFICATION OF AGREEMENT. City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of City. 8. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 9. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Con- tractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall S:u\agrtms06\short form construction contract May 3, 2018 13 have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City. Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a sub- stantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County. 11. SEVERABILITY. If any provision of the Agreement is held by a court of com- petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and S:u\agrtms06\short form construction contract May 3, 2018 14 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 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 Woida Enterprises, Inc. Dba Arrow Fencing PO Box 385 Calpella, California 95482 Email: arrowfenceCsaber.net CITY City of Ukiah Attn: Purchasing 300 Seminary Ave. Ukiah, CA. 95482 Email: mhorger@cityofukiah.com Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. S:u\agrtms06\short form construction contract May 3, 2018 15 15. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 16. EXECUTION OF AGREEMENT. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. CONTRACTOR By: By, CITY OF UKIAH '1 //) Sage S i�a Print Name: v�%%�1i/ ith/ ngco City anager;, California Contractor's License Number 585041 [Number or N/A] S:u\agrtms06\short form construction contract May 3, 2018 16 EXHIBIT A City of Ukiah Bids may be emailed, faxed, or hand delivered, to the contact information listed herein, and by the specified deadline, or the bid will be rejected. Submitted by: (Company Name & Address) /tha a i a v e,o 3v ettp,uo, 9so PAGE 1 OF 1 REQUEST FOR BID 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 P: (707) 467-5719 DATE: 4/5/2018 REQ. NO. E33958 BIDS WILL BE RECEIVED UNTIL 1:30 p.m., April 26, 2018 AT THE OFFICE OF THE BUYER 300 SEM (NARY AVE. CITY of UKIAH BY: Tyler Anliker Email: aanliker®cityofukiah.com BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA. QUANTITY 1 Lump Sum DESCRIPTION UNIT PRICE All labor, materials and equipment to install fencing and gates at Well #4, located at 64 Lorraine Street, Ukiah, CA 95482. ( o° Tax (8.875 %): Shipping: TOTAL: Payment Terms: EXTENDED PRICE (l1�U0- d 0 N/Q �0 7-0 SIGNATURE: DATE: 970/.57/i LEAD TIME ARO PRINT NAME:CK/us t /JD lcev PHONE: 7O7�jjA----//a aEMAIL: • Q/fp 4e, 2_,caierlier. TERMS: 1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid tor supplies, equipment and/or matenals per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County tor that business location, and 3) has conducted business in compliance with 1) and 2) tor not less than six (6) months pnor to requesting the preference. The City shall receive satisfactory proof that a business qualities as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in pnce and quality, the award shall go to the Local Vendor. 2. Right is reserved to reject any and all bids. 3. Right is reserved to accept separate items unless specifically denied by bidder. 4. Right is reserved to reject a bid from any bidder who has previously tailed to pertorm adequately tor the City of Ukiah. 5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the onginal bidder liable tor any increased costs. 6. The pnce, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding o1 the bid. 7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn tor 60 days from the bid due date, unless a different time penod Is specified In RFB, 8. Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above. REQUEST FOR BID City of Ukiah Specification #E33958 FENCING AT WELL #4 April 5, 2018 Bid Due Date 1:30 p.m., April 26, 2018 City of Ukiah Fencing at Well #4 - RFB I. Introduction City of Ukiah is seeking bids from qualified Contractors to install fencing and gates at Well #4, located at 64 Lorraine Street, Ukiah, CA 95482. D. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet, to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the City's bidder's list. III. Contact Person The City has designated Tyler Anliker, Buyer, as the contact person for questions related to the work requested. Questions are to be submitted in writing, and can be done so by e-mail at aanliker@cityofukiah.com. IV. Examination of the Site The Contractor should familiarize himself with the local conditions of the project sites, and shall be responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in no way relieve him/her of the responsibility for performing any of the work or operations required as part of this contract. V. Bid Submittal Instructions Bids can be submitted in hardcopy or by email. Bids are due on or before 1:30 p.m., April 26, 2018 to: City of Ukiah Purchasing Department Attn: Tyler Anliker, Buyer 300 Seminary Avenue, Ukiah, CA 95482 Phone: (707) 467-5719 Email: aanliker@cityofukiah.com It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response. VI. Scope of Work The scope of work is to include all labor, materials and equipment to do the following (please refer to Attachment A for sketch of the work as described, and Attachment B for example of slats): 1) Remove the existing gate and the fencing that extends to the south of the existing gate, and then continues east, up to the point where it meets the fencing located on the east side (or back side) of the existing fence. Dispose of all removed materials. 2) Replace the existing gate with two (2) swing gates with the following specifications: 2 City of Ukiah Fencing at Well #4 - RFB • 1-5/8" structural frame • Truss rods and brackets • 4 inch 180 degree hinges • Malleable for latch • 4 -point commercial barbed wire, 3 strands at top • Straight barbed wire arms 1-7/8, steel • Slats to match existing. 3) Install replacement fencing, approximately 115 linear feet, as per the following: • 4" gate posts schedule 40 Swing Post • 2-7/8" corner posts structural • 1-7/8" line posts structural • 45 -degree barbed wire arms 1-7/8, steel • 4 -point commercial barbed wire, 3 strands at top • 1-5/8" top bar • Tension wire on bottom, 9 gauge • 2-7/8" brace bands • 2-7/8" tension bands • 1-5/8" rail cups • 6' tall heavy-duty tension bars • 2-7/8" dome caps • Steel ties — long and short • 9 -gauge hog rings • 9 -gauge 6' wire with slats to match existing 4) Concrete footings: • Line posts — 24" deep x 10" • Corner posts — 36" deep x 12" VII. Measurement and Payment Measurement is lump sum, and price bid will include all materials, labor, and equipment for the work requested. VIII. Terms The City asks that vendors specify their desired payment preferences in their bid response. The actual payment terms of the contract will be open for negotiation during the contract phase. If no special payments are requested prior to issuing the work, the City will assume net 30 terms. The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction Contract", Attachment C. 3 City of Ukiah Fencing at Well #4 - RFB IX. Warranty Unless otherwise indicated, the Contractor must provide a 1 -year workmanship warranty from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. X. Bidder Qualifications The City will satisfy itself that the potential contractors are reputable firms with a proven track record and a proven product. Contractors are asked to provide the information requested under Work Performance History Capability. References are to be those who you have performed similar scope of work as asked for in this RFB. References are to include the contact name and phone number. A minimum of three references are requested. XI. Insurance Requirements Bidder's attention is directed to the insurance requirements — see Attachment D. Contractors shall furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance with policy limits of not less than $1,000,000 naming the City as an additional insured party. It is highly recommended that contractors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance requirements, that contractor may be disqualified from award of the contract. If you have questions regarding the City's requirements, please contact the City's Risk Manager at 707-463-6287. XII. License and Additional Requirements 1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required, and it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the actual cost of licenses. 3) License Requirements: Bidder/Contractor must possess a current State of California contractor's license and a City of Ukiah business license. (For information business license, please contact Kathy Norris, City of Ukiah Finance Department at 707-463-6202.) a) The Contractor shall possess a valid State of California Class C-13 license. Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shall provide proof of proper certificates of registration for same. b) The bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 4) Notice to Bidders — Contractor Registration and Prevailing Wages —No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department ofI ndustrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as 4 City of Ukiah Fencing at Well #4 - RFB prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Public Works Small Project Exemption: Small project exemption means that contractors who work exclusively on small projects are not required to register as public works contractors or file electronic certified payroll reports for those projects. However, prevailing wages must still be paid on projects with small project exemption. Contractors are still required to maintain certified payroll records on a continuous basis, and provide 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 all public works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition or repair; and $15,000 for maintenance. Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes, copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done can be reviewed at Website: www.dir.ca.gov/dIsr/pwd/northern.html . The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) niay at any time require contractor and subcontractors to furnish electronic certified payroll records directly to DLSE. For projects that do not meet the "Public Works Small Project Exemption", contractors and subcontractors must fiurnish electronic certified payroll records directly to the DLSE. 5 City of Ukiah Fencing at Well #4 - RFB INDEMNIFY AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. The undersigned acknowledges that this document, together with the resulting purchase order issued by the City, the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties. The undersigned declares they are familiar with the items specified and have carefully read the RFB specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this bid. This bid is submitted by, (check one) / Individual Owner Partnership t/ Corporation Other Legal Name of Bidder tool/..., '7 C ' cYz ,t6Ai Ae t) ,(eAf/dV ' A..G, &ix 3 L�.�' ftp &t. 9SS//8 Address of Bidder Tax ID# db -37a -97V7 Phone Number 707 —W5--//a-g Fax Number 707- 035=//4'C California State Contractor's License #: -S '1/ Expiration Date: 3/3r// 9 DIR Public Works Contractor Registration #: /000002d-0SS - By: � Date %/ —rn g Signature Print or Type Name: eh/J0O/ /i%St G%Pft-1 Title 6 City of Ukiah Fencing at Well #4 - RFB WORK PERFORMANCE DATA HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed. WORK PERFORMED 1. COMPANY NAME: t'-Zc7G2J CONTACT: i2 ' L / AIA - ADDRESS: t7) 7 kikS7 4-4 PHONE l$ SD -73g _3go(.7 2. COMPANY NAME: 51 c141-6(4" Afir 71/ CONTACT n aS, a -O( ADDRESS /2:9-1"""0 S%% PHONE: ` l'D� — l 'a"/ 3. COMPANY NAME: A /3"` & 4 UsL CONTACT: �.(//.e v S /36 90 /yPi G7)0 . Lv r Si /64 5vtl Vi) ADDRESS ply/ .8x16 . / /ilS(yJLSoa&/I PHONE: 7b7 gig -Nos-- 4. NoS" 4. COMPANY NAME: af��Lf.(is -491 / ��(e-SA' CONTACT: Maki IZ 2( A-%ndt/h' ADDRESS: 3Tflt---Er PHONE: giff— - &c 3 5. COMPANY NAME:Za C/ Q azatie CONTACT: �UU7.y ADDRESS: / nlabl td, PHONE: 31/ r � 02 7 / 4/2 3?- City of Ukiah Fencing at Well #4 - RFB SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with proper firm name and business address of each. 1)Subcontractor's Name Work to be performed ,t)/A- Address CityiState/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 2)Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 3)Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number California State Contractor License # DIR Public Works Contractor Registration # 8 City of Ukiah Fencing at Well #4 - RFB BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (Submit with Bid) PROPOSER/CONTRACTOR HEREBY CERTIFIES that he she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: Fencing at Well #4 Should we/I be awarded the contract, we/l certify that we I can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the performance of the work specified. L(%/e/aArr amineCil0A. ktev4) 4x./,€X, Please Print (Person, Firm, or Corporation) Signature of Authorized Representative emus a_)evie- P��pe€617-- Please Print (Name & Title of Authorized Representative) Y///3 7at-co r//a-d Date Phone Number 9 ATTACHMENT A i 04qtAa 9)111q 1 1-+ a) C0i-0110, 1901)19-0 -11)14W) ctv, \C 1 ,01 ,01 won) OL -512 ZQ?-65b 7)\)‘,\I..),.)..0-1 J Page 1 of 1 ATTACHMENT B https://www.pacificfence.com/wp-content/uploads/2016/09/Screen-Shot-2016-09-07-at-4.3... 3/1/2018 Cit cah INSURANCE REQUIREMENTS FOR CONTRACTORS 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. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability — Completed Operations Form No. CG 20 37 10 01). B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). C. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. II. Minimum Limits of Insurance Contractor shall maintain limits no Tess than: A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. 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: $1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis. C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease. 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 a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee. IV. REQUIRED Insurance Provisions Proof of general liability and automobile liability 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, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers' compensation policy. C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. Rev: 11/20/08 Page 1 of 2 D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. V. RATING - Acceptability of Insurers Insurance is to be placed with admitted California insurers with a current 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. 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 or policies must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. VII. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. If you have questions regarding our insurance requirements contact: Risk Manager (707) 463-6287 FAX (707) 463-6204 Rev: 11/20/08 Page 2 of 2 PURCHASING DEPARTMENT 411 West Clay Street, Ukiah CA 95482 (707) 463-6233 mhorger@cityofukiah.com SPEC. E33958 — FENCING AT WELL #4 Addendum No. 1 April 18, 2018 The following is Addendum No. 1 to SPEC. NO. E33958 — FENCING AT WELL #4. IF YOU SUBMIT A BID, ACKNOWLEDGMENT OF THIS ADDENDUM MUST BE SHOWN ON THIS ADDENDUM. IN ADDITION, THIS SIGNED ACKNOWLEDGMENT MUST BE SUBMITTED WITH YOUR BID, OR IT MAY BE DEEMED AS NON-RESPONSIVE. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. 1. Section I. Introduction: The address provided in this section is incorrect. The location of Well #4 is changed to the following: Well #4 does not have a specific street address. It is located between 52 and 60 Lorraine Street. Please see Exhibit A for a picture of its entrance. 2. Section 111. Contact Person: The City contact person has changed to the following: Mary Horger, Procurement Manager Phone: (707) 463-6233 Email: mhorger@citvfoukiah.com 3. Section V. Bid Submittal Instructions: Bid Submittal Instructions have changed as follows: "Bids can be submitted in hardcopy or by email. Bids are due on or before 1:30 p.m., April 26, 2018 to: City of Ukiah Purchasing Department Attn: Mary Horger, Procurement Manager 411 West Clay Street Ukiah, CA 95482 Phone: (707) 463-6233 Email: mhoraer@citvofukiah.com It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response," Page 1 of 2 All other terms and conditions remain in full force and effect. Mary V. Horger Procurement ACKNOWLED I hereby acknoldge that I have received this Addendum No. 1 and have reviewed and considered it before submitting my bid. Signed: G�—/` Date: Company Name0/64- —vim 6t/6 dime Page 2 of 2 EXHIBIT A