HomeMy WebLinkAboutWipf Construction 2020-11-05 CITY OF UKIAH - Contract #2021149
EMERGENCY REPAIR WORK — WATER MAIN AT YOSEMITE DRIVE
This Agreement is made and entered on November 5, 2020, in
Ukiah, California, by and between Wipf Construction, a limited
liability corporation ("Contractor") and the City of Ukiah ("City") ,
a general law municipal corporation.
RECITALS :
1 . The plans and specifications for this work ("the Work")
are contained in Exhibit A, 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 Contractor
will complete the work as soon as possible.
1 . 1 . 1 . ❑ [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1 . 1 .2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1 . 13-1 . 14, below, the
Contractor will pay to the City the sum of five hundred dollars
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($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 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 Department of Industrial Relations .
1 . 4 . 4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
contractors and subcontractors to furnish electronic certified
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payroll records directly to DLSE . All contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE .
1 . 4 . 5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451 (d) . )
1 .5 Use of Employees .
1 . 5 . 1 . Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics .
1 . 5 .2 . Contractor shall comply with the California
Labor Code Section 1775 . In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50 . 00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive . In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1 . 5 . 3 . Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
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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,� for overtime) are
available at the Department of Industrial Relations website at
http: //www.dir.ca.gov/
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1 . 6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor' s performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City' s prior written approval . City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1 . 9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations . The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws .
1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
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CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance . The Contractor shall remedy, at the Contractor' s
expense, any failure to conform, or any defect. [Initial if
following sentence applies / / / /] CITY shall retain of the
Contract Amount to secure the Contractor' s warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1. 14 . Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays .
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
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1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1 . 16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m. , nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1. 17 . Hours of Labor.
Eight (8) hours of labor shall constitute a legal day' s work and
the Contractor or any subcontractor shall not require or permit more
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 � times the basic rate of pay. The
Contractor shall forfeit to the City, as a penalty, the sum of
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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 $178, 642 .
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.
3 .2 Material and Labor Bond. As part of the execution of this
contract, the Contractor shall furnish a bond of a surety company
or other securities providing equivalent protection such as cash,
letter of credit or certificates of deposit acceptable to the City
in a sum not less than 50 percent of the total contract price, as
this sum is set forth in the agreement for the payment in full of
all persons, companies or corporations who perform labor upon or
furnish materials to be used in the work under this contract, in
accordance with the provisions of Sections 3247 through 3252
inclusive of the Civil Code of the State of California and any acts
amendatory therof.
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
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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
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include acts of the indemnified party which may be negligent or
omissions which may cause negligence .
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed of and satisfactory evidence to that effect furnished to
the City.
4 .2 Insurance. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his
or her agents, representatives, employees or subcontractors .
4 .2 . 1 . 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: $2, 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.
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2 . Automobile Liability: $2, 000, 000 per accident
for bodily injury and property damage.
3 . Employer' s Liability: $1, 000, 000 per accident
for bodily injury and property damage.
4 .2 .3 . Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of
the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects
the City, its officers, officials, employees and
volunteers; or the Contractor shall provide a financial
guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim
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
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written notice by certified mail, return receipt
requested, has been given to the City.
4 .2 .5. Acceptability of Insurers
Insurance is to be placed with admitted California
insurers with an A.M. Best' s rating of no less than A-
for financial strength, as for long-term credit rating
and AMB-1 for short-term credit rating.
4 .2 . 6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
be on forms provided by the City or on other than the
City' s forms, provided those endorsements or policies
conform to the requirements . All certificates and
endorsements are to be received within 15 days from
written notice of contract award, and the work shall not
commence until the certificates and endorsements have
been approved by the City. The City reserves the right to
require complete certified copies of all required
insurance policies, including endorsements effecting the
coverage required by these Special Provisions at any time .
4 .2 .7 . Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the
requirements stated herein.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time . If terminated for lack of funds or abandonment of the project,
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the contract shall terminate on the date notice of termination is
given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall :
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
C. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
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
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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
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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 CITY
WIPF CONSTRUCTION CITY OF UKIAH
1300 Hastings Road 300 Seminary Ave.
Ukiah, CA 95482 Ukiah, CA 95482
Email: wipf@pacbell .net Email : mhorger@cityofukiah.com
FAX: 707-462-5409 FAX: 707-463-6204
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.
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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.
WIPF CONSTRUCTION CITY OF UKIAH
By: By: S
Sage Sangiacomo
Print Name:_/�E S7 4 IJ P " City Manager
California Contractor's License Number 629598 [Number or N/A]
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EXHIBIT A
EMERGENCY WATER MAIN REPAIR AT YOSEMITE DRIVE
The contractor will provide all necessary labor,equipment and materials to perform the repair to the water main located on
Yosemite Drive. The total amount of the construction items below shall represent the total and complete cost of the fully
functional project. All work not specifically listed below and required to complete the work of the various construction items
will be considered as included throughout the various unit prices indicated.
Line Description Unit of Quantity Amount Extended
Measure
1 Mobilization LS 1 $ 3,000 $ 3,000
2 Curb &Gutter LF 130 $ 80 $ 10,400
3 Sidewak-6" SF 520 $ 25 $ 13,000
4 Driveway Aprons SF 200 $ 25 $ 5,000
5 Driveway- 12" SF 350 $ 35 $ 12,250
6 Reconstruct Roadway 12" Base/6"AC SF 2400 $ 8 $ 19,200
7 Water Valve-6" EA 5 $ 1,100 $ 5,500
8 Water Main-6" CL200 LF 460 $ 115 $ 52,997
9 Adjust Sewer Manhole EA 1 $ 2,500 $ 2,500
10 Water Service- 1" to 3/4" Meter EA 11 $ 3,000 $ 33,000
H
1 Water Main Tie-Ins I EA 1 3 $ 726,500 1$ 21,795
Total: $ 178,642