Loading...
HomeMy WebLinkAboutKBI Painting Inc 2023-02-28 Contract No: 2223-168 CONSTRUCTION CONTRACT Grace Hudson Museum Exterior Painting Services This Agreement is made and entered on 2/28/2023 , in Ukiah, California, by and between KBI Painting, Inc. , a CA Corporation ("Contractor") and the City of Ukiah ("City") , a general law municipal corporation. RECITALS: 1 . The plans and specifications for this work ("the Work") are contained in Exhibit A - Bid Specification, which is attached hereto and incorporated herein by this reference . 2 . Contractor is properly licensed and qualified to perform the work. 3 . Whenever this Agreement calls for City approval or notification, the approval or notification must be signed by the City Manager or his or her designee . AGREEMENT: Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows . 1 . PERFORMANCE OF THE WORK Contractor will perform the Work as further provided herein. 1 .1 Time of Performance. Contractor shall commence the Work when receiving a formal Notice to Proceed, and shall complete the Work by no later than 9/30/2023 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 S:u\agrtms06\short form construction contract February 23, 2023 1 Contract No: E39188 that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1 . 13-1 . 14, below, the Contractor will pay to the City the sum of five hundred dollars ($500 . 00) per day for each and every calendar day' s delay beyond the time prescribed. 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) ] . S:u\agrtms06\short form construction contract February 23, 2023 2 Contract No: E39188 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 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. S:u\agrtms06\short form construction contract February 23, 2023 3 Contract No: E39188 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 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 S:u\agrtms06\short form construction contract February 23, 2023 4 Contract No: E39188 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/ 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 S:u\agrtms06\short form construction contract February 23, 2023 5 Contract No: E39188 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 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 S:u\agrtms06\short form construction contract February 23, 2023 6 Contract No: E39188 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. 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 S:u\agrtms06\short form construction contract February 23, 2023 7 Contract No: E39188 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 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. S:u\agrtms06\short form construction contract February 23, 2023 8 Contract No: E39188 2 . CONTRACT PRICE CITY shall pay the Contractor for performance of this Agreement time and materials with a total not to exceed the amount of $21 ,586. 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. 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, S:u\agrtms06\short form construction contract February 23, 2023 9 Contract No : E39188 to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys ' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers ' or workmen' s compensation acts, disability benefit acts, or other employee benefit acts . The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence . The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. S:u\agrtms06\short form construction contract February 23, 2023 10 Contract No: E39188 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 agents, representatives, employees or subcontractors . 4 .2 . 1 . 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. 4 .2 .2 . Minimum Limits of Insurance Contractor shall maintain limits no less 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 . S:u\agrtms06\short form construction contract February 23, 2023 11 Contract No: E39188 4 .2 .3 . 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 . 4 .2 .4 . 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 S:u\agrtms06\short form construction contract February 23, 2023 12 Contract No: E39188 officers, officials, employees, or volunteers shall be in excess of the Contractor' s insurance and shall not contribute with it. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E . Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code . 5. TERMINATION. This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time . If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall : a. retain any amounts earned under the Contract but not yet paid by City; b. take possession of all material and fixtures on the job site; C. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts S:u\agrtms06\short form construction contract February 23, 2023 13 Contract No: E39188 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 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 S:u\agrtms06\short form construction contract February 23, 2023 14 Contract No: E39188 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 effect without being impaired or invalidated in any way. 12 . INTEGRATION. This Agreement, including the exhibits attached hereto, S:u\agrtms06\short form construction contract February 23, 2023 15 Contract No: E39188 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, or deposited in the United States mail with proper first-class postage affixed thereto and addressed as follows : CONTRACTOR CITY KBI Painting, Inc. City of Ukiah 300 1310 Ross Street Suite A Seminary Ave. Petaluma, CA. 94975 Ukiah, CA. 95482 Email: bill@kbipaint.com Email: purchasing@cityofukiah.com Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. 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. S:u\agrtms06\short form construction contract February 23, 2023 16 Contract No: E39188 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 CITY OF UKIAH B y: (i!/Ga21X, B y: r5 William Brady Sage Sangiacomo KBI Painting, Inc. City Manager California Contractor' s License Number 944475 S:u\agrtms06\short form construction contract February 23, 2023 17 CONTRACTORS dCa STATE LICENSE BOARD ACTIVE LICENSE 0 ,,....-.944475 .M CORP „,_.. K B I PAINTING INC .�a..03/39/2024 www.cslb.ca.00v �►� Attachment 2 PAGE 1 OF 1 REQUEST FOR BID 300 SEMINARY AVENUE City of Ukiah UKIAH,CALIFORNIA 95482 (AS- P: (707)467-5774, F: (707)313-3831 DATE: 12/21/2022 Bids may be emailed,faxed, or hand delivered, to the contact information listed REQ.NO. E39188 herein, and by the specified deadline, or the bid will be rejected. BIDS WILL BE RECEIVED UNTIL Submitted by: KBI Painting,Inc. 1:30 p.m.,January 26,2023 (Company Name AT THE OFFICE OF THE BUYER &Address) 1310 Ross Street Suite A BY: Elvia Fernandez Petaluma CA.94975 Email: efernandez@cityofukiah.com BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION PRICE 1 All necessary labor,equipment and materials to paint the exterior of the Grace Lump Sum Hudson Museum,including two rain water collection tanks and attached downspouts $ 21,586.00 as per the specifications. Manufacturer of paint and primer being used: Kelly Moore Manufacturer of sealant for underside of overhang at the main entrance: Storm Number of working days to complete the work(assume no weather constraints): 21 ayment erms: SIGNATURE: DATE: 1/26/2023 PRINT NAME: William Brady PHONE: 707-889-0869 [EMAIL: bill@kbipaint.com TERMS: 1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent(5%), up to a maximum allowance of$2,500,on any bid for supplies,equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1)conducts business in an office or other business premises with a physical location in Mendocino County,2)holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location,and 3)has conducted business in compliance with 1)and 2)for not less than six(6)months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid,where one bidder is local,the other is not,and the bid is equal in price and quality,the award shall go to the Local Vendor. 2.Right is reserved to reject any and all bids. 3.Right is reserved to accept separate items unless specifically denied by bidder. 4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5. In CASE OF DEFAULT,the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 6.The price,terms,delivery point,and delivery date may individually or collectively be the basis of the awarding of the bid. 7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date,unless a different time period 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. 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 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 _X Corporation Other Legal Name of Bidder William Michael Brady Address of Bidder Po Box 750397 Petaluma, CA 94975 Tax ID# 27-1264701 Phone Number 707-795-4955 Fax Number N/A California State Contractor's License#: 944475 Expiration Date: 3/31/2024 By: Date 1/26/2023 Signature Print or Type Name: William Brady VP Title WORK PERFORMANCE HISTORY AND CAPABILITY: Contractor is requested to provide the name, locations and a narrative statement on the work performed. WORK PERFORMED 1. COMPANY NAME: Nibbi Brothers Interior and exterior painting per CONTACT: Jamie Gretz architectural specs. ADDRESS: 2626 Sir Francis Drake Blvd Fairfax, CA 94930 Tenant improvement PHONE 415-649-7541 2. COMPANY NAME: Balfour Beatty New school build. CONTACT Ed Speake Interior and exterior painting per ADDRESS 24411 Amador St Hayward, CA 94545 architectural specs. PHONE: 714-814-4008 3. COMPANY NAME: Landmark Construction Interior and exterior painting per CONTACT: Ryan Anderson architectural specs. ADDRESS 290 Atlantic Ave Fairfield, CA 94533 Anti-graffiti coating. PHONE: 415-883-5410 4. COMPANY NAME: E F Brett Interior and exterior painting per CONTACT: Neil Garner architectural specs of multiple ADDRESS: 1 Mangini Way, Burlingame, CA 94010 buildings. PHONE: 415-974-5030 5. COMPANY NAME: CWS Construction Interior and exterior painting per CONTACT: Adam Greenlief architectural specs. ADDRESS: 5019 Imhoff PI, Martinez, CA 94553 PHONE: 628-214 - 8045 KBI Painting, Inc will be self performing on the project. 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. Subcontractor's Name Work to be performed N/A Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date Subcontractors Name Work to be performed Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date Subcontractors Name Work to be performed Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (To be submitted with Bid) PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: Painting the Exterior of the Grace Hudson Museum Should we/I be awarded the contract,we/I 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. William Brady Please Print (Person,Firm,or Corporation) W4&;Z� 3 Signature of Authorized ReliVesentative William Brady Please Print (Name&Title of Authorized Representative) 1/26/2023 707-889-0869 Date Phone Number rook C1 f"v of ( Tk-ia b REQUEST FOR BID for THE GRACE HUDSON MUSEUM EXTERIOR PAINTING SERVICES RFB Issue Date: Wednesday, December 21, 2022 Bid Due Date: Thursday, January 26, 2023, at (1:30 PM PST) I. Introduction The City of Ukiah (City) is seeking bids from qualified Contractors to provide all necessary materials, equipment and labor to paint the exterior of the Grace Hudson Museum at, 431 South Main St, Ukiah, California. II. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid,depending on the City's needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone,e-mail and the internet,to obtain the lowest possible price,consistent with the City's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the City's bidder's list. III. Contact Person For questions or if require additional information, please submit it in writing via email. Contact information can be found below. Elvia Fernandez, Purchasing Finance Department, Purchasing Division City of Ukiah efernandez(a,cityofukiah.com IV. Bidder's Conference -Mandatory A qualified representative of the Contractor is requested to attend a bidder's conference at the designated date,time, and location below. Attendance at this conference is mandatory. Failure to attend this conference will be just cause for the bid to be rejected as non-responsive. The purpose of this conference will be to clarify the contents of this bid request in order to prevent any misunderstanding of the City's position. Any uncertainty as to the requirements of this solicitation or any apparent omission or discrepancy should be presented to the City at this conference. The City will then determine the appropriate action necessary, if any, and may issue a written amendment to the bid request. Oral statements or instructions will not constitute an amendment to this solicitation. Bidder Conference Date: Wednesday, January 18, 2023 Bidder Conference Time: 11:00 a.m. (PST) Bidder Conference Location: Grace Hudson Museum, 431 South Main Street,Ukiah V. Bid Submittal Instructions Bids are due no later than 1:30 PM(PST) on January 26, 2023. The City must receive bids no later than the date time and due date specified above. Any bids received after this date and time will not be considered. It is the sole responsibility of the bidders to submit bids to the City before the closing date and hour. Bids will only be accepted via email. The email is to be addressed as follows: To: efernandez(a)cityofukiah.com Cc: mhorger(a-),cityofukiah.com Subject: Bid Submission for Grace Hudson Museum Exterior Painting Services VI. Scope of Work The City of Ukiah requests a bid that includes all necessary labor, equipment and materials to paint the exterior of the Grace Hudson Museum including two rain water collection tanks and attached downspouts. Dimensions: The approximate dimensions for the house are detailed in Attachment A. Dimensions are for reference only. Contractor Responsibilities: • Contractor is responsible for confirming all dimensions necessary for accurate bid preparation. • Contractor shall prepare wall surfaces,pressure wash,repair any holes in wall surfaces,and paint as specified,per these specifications. Safety precautions must be taken as there may be lead based paint present. • Contractor will paint all areas that have been previously painted. This includes all exterior walls, doors and window areas. • After proper surface preparation, Contractor shall apply one full coat of Benjamin Moore, Sherman Williams, or Kelly Moore primer on walls, and doors, followed by two coats of Benjamin Moore, Sherman Williams, or Kelly Moore exterior. • Contractor will be responsible for all over spray on buildings, concrete, windows and vehicles. Contractor will take whatever steps are necessary to avoid this. Paint Colors: • The City will select two colors of paint and provide direction on which areas of the building are to be painted with each of the colors. Materials: The Contractor will identify in their bid the manufacturer and part numbers of the primer and paint they intend on using on this project. If Contractor wishes to offer an equivalent paint manufacturer, they must obtain written approval from the City of Ukiah, five (5) working days prior to bid opening. Work Requirements and Standard of Performance 1. General All work performed shall be in accordance with this or paint manufacturer's specifications. Contractor agrees to do all preparation work necessary to paint at his own expense,to furnish all labor, materials, tools and equipment and to perform all the work required in accordance with these specifications. Contractor shall take whatever steps are necessary to provide that the finished job will be as generally accepted by recognized industry standards. Perform preparation and cleaning procedures in accordance with paint manufacturers' instructions and as herein specified, for each particular substrate condition. Contractor is responsible for any preparations required to yield a uniform finished surface. Remove hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finish-painted,or provide surface applied protection prior to surface preparation and painting operations. Remove, if necessary, for complete painting of items and adjacent surfaces. Following completion off painting of each space or area,reinstall removed items. Take precautions to protect all adjacent areas including windows, floors, furniture, landscaping, etc. from over spray. Contractor shall be solely responsible for any and all damages extending from painting. Contractor shall restore all damaged property to its original condition if possible. Clean surfaces to be painted before applying paint or surface treatments. Exterior surfaces shall be cleaned using conventional methods such as sand blasting or hydro washing. After blast cleaning,all surfaces shall be cleaned of any dust,blast particles or residual paint particles prior to application of any coatings. This shall be accomplished by air blasting,vacuuming,wiping or other approved method depending on area of structure or substrate material. After hydro washing, all areas shall be allowed to dry prior to coating application. Surface coatings should be applied as soon as practical after cleaning to avoid rusting, tarnishing or any surface contamination that would inhibit a good bond between surface and coating. Remove oil and grease prior to mechanical cleaning. Program cleaning and painting so that contaminants from cleaning process will not fall onto wet, newly-painted surfaces. A. Wood surfaces — Clean wood surfaces to be painted of dirt, oil, or other foreign substances with scrapers, mineral spirits, and sandpaper, as required. Sandpaper smooth those finished surfaces exposed to view, and dust off. Scrape and clean small, dry, seasoned knots and apply a thin coat of white shellac or other recommended knot sealer, before application of priming coat. After priming, fill holes and imperfections in finish surfaces with putty or plastic wood-filler. Sandpaper smooth when dried. Any evidence of dry rot shall be reported to the City. B. Ferrous and nonferrous metals—Clean all surfaces to be painted using conventional methods to remove all rust,tarnish,dirt or other foreign substances. Apply primer or seal coat before exposed areas begin to rust. If rusting has begun,surface must be re- cleaned prior to application of primer or seal coat. Fill all holes and repair all surface imperfections after the application of primer. Use a filler that is suitable for use with ferrous metals. C. Galvanized metals — Clean, degrease and etch all surfaces prior to application of primer coat. Care must be given to remove factory applied stabilizer to insure maximum adhesion of primer coat. Sandpaper and feather any abraded areas. Use an appropriate putty or filler to resolve all imperfections after application of primer coat. D. Plaster—Insure that plaster has thoroughly cured or that moisture content is below 12%. If moisture content is between 8% and 12% use an alkali resistant or other approved primer sealer. Surface should be sanded smooth and dry brushed to remove all surface salts,powders and dust. E. Dry wall—Insure that all joints are properly taped and that all nail heads are set. All tape joints and nail heads are to be spackled and sanded smooth. Dry brush or wipe to remove dust. Inspect surface after application of primer coat and repair or resolve surfaces to maintain a smooth and uniform surface. Surface should not show any tape joints or nail marks. F. Masonry — All surfaces are to be free of loose mortar, dust, dirt and other contaminants. Hollow areas,bug holes, honeycombs, voids, fins, for marks and all protrusions or rough marks are to be ground or stoned to provide a smooth continuous surface. Imperfections if needed shall be filled with a material compatible with substrate and coatings. G. Vince— Sand or similarly abrade surface to insure good coating adhesion. Fill all chips, cracks and voids prior to application of finish coat. H. Previously Painted Surfaces—Certain situations may not permit complete removal of previous coatings. If this occurs, all surface contamination must be removed to assure a good bond with previous coating that cannot be removed. Peeling and flaking paint must be removed by scraping or other method. Fill scraped areas or feather edges with sandpaper to create an even texture. All remaining coatings must be tightly bonded to substrates. Semi-gloss and glossy surfaces of previous coatings must be clean and have the finish dulled. This may be accomplished by cleaning and sanding,cleaning with an abrasive cleaner any similar approved method. Method of surface preparation is to be determined by contractor. Prime bare and other spots with appropriate primer to prepare surface for smooth even finish coat. New coatings should be compatible with existing finish. Apply a test patch of approximately two square feet and check for adherence after paint is dry. 2. Materials Preparation and Storage All materials shall be delivered to job site in unopened containers. All containers shall have manufacturers label indicating name of manufacturer,type of paint(brand), color and date of manufacture. All paint must be kept sealed when not in use. Paint shall be stored in a manner that complies with manufacturers Coating Preparation and Application Sheets. Mix and prepare painting materials in accordance with manufacturers directions. Maintain containers used in mixing and application of paint in a clean condition, free of foreign materials and residue. Stir materials before application to produce a mixture of uniform density, and stir as required during application. 3. Application of Coatings General: All paints and coatings shall be applied in a manner prescribed by the coating manufacturer as specified and recommended by the SPAS(Coating and Application Sheet). Use applicators and techniques best suited for substrate and type of material being applied. Apply additional coats when undercoats, stains or other conditions show through final coat of paint, until paint film is of uniform finish, color and appearance. The applied coatings shall be free of all runs, drops, ridges, waves, laps and brush marks etc. Apply materials at not less than the manufacturers recommended spreading rate, to establish a minimum dry film thickness as indicated by the manufacturer. Apply first coat of coating system to prepared surface as soon as practicable after preparation and before surface deterioration occurs. Allow sufficient time between successive coatings and proper drying. Dry brush surfaces between coats to remove excess over spray if needed. If contractor utilizes spraying method for application it is recommended that surfaces be back rolled to provide a more uniform and full bodied finish. 4. Clean-up and Protection During progress of work, remove from site discarded paint materials, rubbish cans and rags at end of each work day. Upon completion of painting work, clean window glass and other paint-spattered surfaces. Remove spattered paint by proper methods of washing and scraping, using care not to scratch or otherwise damage finished surfaces. Provide "Wet Paint" signs as required to protect newly-painted finishes. Remove temporary protective wrappings provided by others for protection of their work, after completion of paint operations. The contractor shall dispose of all materials not incorporated into the contract work, at a location provided by contractor. The contractor shall leave work area clean each day. 5. Hazardous Materials Compliance The handling and transportation of hazardous materials,waste and substances must be in accordance with the applicable regulations of the Department of Transportation, the Environmental Protection Agency,the California Highway Patrol,the California Department of Health Services,the California Division of Occupational Safety and Health,the California Administrative Code, the California Labor Code and other regulatory and enforcement agencies. Containers of flammable, dangerous, or poisonous chemicals shall be clearly and properly labeled as to content along with other pertinent safety information. Contractor must supply MSDS(Material Safety Data Sheets)for all applicable materials including all paints, coatings, solvents or cleaning agents. 6. Guaranty and Warranty Contractor shall submit a written guaranty covering all work and materials. Guaranty shall provide for repainting or repair of defective workmanship and materials and shall be effective for two years from date of issuance of"Certificate of Completion". 7. Deviations If there are any deviations from the specifications set forth herein, the Contractor shall note the deviations. Failure to note a deviation from the specifications may be grounds for rejection of that particular bid. Where deviations are noted, the City reserves the right to accept such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the item bid to perform the function for which it is to be acquired and such deviations result in a lesser total cost to the City for the subject item.. 8. Special Coatings Any coatings requiring special application and preparation techniques that are not included in this general specification will be defined by each bid or quotation specification. These coatings although not specified should include good workmanship standards and are subject to approval by the City. VII. Price The bid price for this work shall be a Lump Sum Bid Price, and consist of all labor, materials, equipment, applicable fees, including tax (8.875%) and freight necessary to perform the work as described in this bid specification. VIII. Terms Full payment will not be made until the work has been done to the complete satisfaction and acceptance of the City. The City's standard payment terms are NET 30 after project acceptance,but can be negotiated at the time of the award. Contractors are asked to submit their payment term preferences at the time of bid submission. 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. IX. 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 requested to provide the information requested under Work Performance History Capability. Bidders are requested to provide references of similar size and functionality to the system being bid.References shall include the contact name and phone number. X. Insurance Requirements Bidder's attention is directed to the insurance requirements—see Attachment B.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 parry. 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. XI. 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) Legalquirements 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 C33 license or any other specific to the completion of the job and/or other license(s)required by the State of California or government agencies. 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,the bidder shall provide the City with proof of proper licenses, certificates, and proof of insurance for work performed. 4) Notice to Bidders—Prevailing Wages - 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/dIsL/pwd/northem.html . Any laborer of mechanic employed to perform work on the project under this contract,which work is not covered by any of the foregoing classifications, shall be paid not less than the prevailing rate of per diem wages specified herein for the classification which most nearly corresponds to the work to be performed by him. 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 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 Corporation Other Legal Name of Bidder Address of Bidder Tax ID# Phone Number Fax Number California State Contractor's License#: Expiration Date: By: Date Signature Print or Type Name: Title WORK PERFORMANCE HISTORY AND CAPABILITY: Contractor is requested to provide the name, locations and a narrative statement on the work performed. WORK PERFORMED 1. COMPANY NAME: CONTACT: ADDRESS: PHONE 2. COMPANY NAME: CONTACT ADDRESS PHONE: 3. COMPANY NAME: CONTACT: ADDRESS PHONE: 4. COMPANY NAME: CONTACT: ADDRESS: PHONE: 5. COMPANY NAME: CONTACT: ADDRESS: PHONE: 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. Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date Subcontractors Name Work to be performed Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date Subcontractors Name Work to be performed Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (To be submitted with Bid) PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: Painting the Exterior of the Grace Hudson Museum Should we/I be awarded the contract,we/I certify that wed 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. Please Print (Person,Firm,or Corporation) Signature of Authorized Representative Please Print (Name&Title of Authorized Representative) Date Phone Number Attachment A Building Location — City of Ukiah Ukiah High School Fairgrounds-RV —��� Park,Twelfth District x m. m� Pomolita Middle School The Home Depot Todd 4 G1 Grove Park Starouc-:s Walgreens9 Ukiah II Grace Hudson © A l l Museum&Sun House QUkiah ahiV it=d St Safeway Ukiah Natural Food s Co-op `o Q z Tsimage,a Y Brandon Haydon Hampton Inn Ulaah Q 4vj a art Construction{BHC}� N I 9 Iii Site Location 431 S. Main St, Ukiah CA 0 Greg's Transmission Auto s Rainbow Ag,America's Country Store-Ukiah Sports Attic' Ukiah Brewing Company Animal Feed store Grill ■ Arts Council-Mendocino Villa Del Mar County E Chutdt� ©Saturday Afternoon stan's Maple Cafe Clubhouse er .== Alliance Auto Service Au;o repair shDp R _i-id Tsole Pi,-a NAPAAuto Parts- p` - Little Lake Auto Parts 0 Auto part:store Ha m St m sla5upercharger * w o-IS, Ci¢y Grace Hudson [73 Museum&Sun House W Clay Charming—fi—n home b.rilt m 141 I ❑ N Hospice Thrift x n and Gift Store r o Thrift store 0 lnar}Ave;enter Plaza sem 0 0 4 Farmers Insurance Rancho Del Rey y Halo Hair&Apothecary Mobile Estates Ri Q x Cleveland Ln N p � V m M S Community First 19 t Credit Union Fabian Garcia M Property Se ices apn� s ,4404l%L Wipfli Maln Cir Regal Ukiah� N � Prime Market " Liquor storE m m � Air Quality P+ Management District Safeway 9 Express Mart Mendocino ConvenIen[e stare uznn,TI itr o r,nzlr / .I. Anim I W—ni1 Approximate Building Dimensions Contractor is responsible for confirming all dimensions necessary for accurate bid preparation. r* � 4$' er � Grace Hudson �, Meseum&Sun House . w Cnarmrq crahsman � hwnrpuihn,91 _ � ��■ HudsorrCarpenterPark ��r � i • 1Na I Is �1 v' at save and �2v' at rvvf peak. Cit k ah 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. I. 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 less 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. VI I. 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 City of Ukiah 411 West Clay Street, Ukiah CA 95482 efernandez@cityofukiah.com ADDENDUM NO. 1 Request for Bid (RFB) for The Grace Hudson Museum — Exterior Painting Services December 27, 2022 The following is Addendum No. 1 ADDITIONS The following "Payment Bond" provision and "Attachment C" are added and made part of this RFP solicitation: Payment Bond As per California Civil Code Section 9550, a direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before the commencement of work, give a payment (material and labor) bond to and approved by the officer or public entity by whom the contract was awarded. Please refer to Attachment C for a copy of the sample forms. Attachment C — Performance Bond Sample Forms End of Addendum 1 This Addendum 1 is hereby made part of the RFP documents to the same extent as though it were originally included therein. All other requirements remain in full force and effect. Mary V. Horger Financial Services Manager PURCHASING DEPARTMENT (11 West Clay Street,Ukiah CA 95482 CZ f f Uk i a h 707 463-6233 (A f mhorger@cityofukiah.com Addendum No. 2 Request for Bid (RFB) for The Grace Hudson Museum—Exterior Painting Services January 19, 2023 The following is Addendum No. 2. This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein. 1. The following are clarifications as a result of the Mandatory Pre-Bid meeting. a. Time of completion: The City desires that the project is completed prior to September 23, 2023. b. Paint to be provided will be semi-gloss. c. The painting of the Museum will include the following: i. Exterior of the Museum, excluding historical buildings, new fence at the back, and metal "Grace Hudson Museum" sign located at the front of the building. ii. Glulam beams and end caps at the front of the building. iii. Doors—exterior only,face and internal sides of the doors, as well as exterior door jams. iv. Gutters and downspouts. v. Water tanks located at the back of the building (two). vi. The end supporting beams at the front of the building that are currently unpainted (see Attachment 1). vii. Behind the 2 light fixtures at either side of the main entrance. viii. Electrical boxes installed on the exterior of the building. ix. Sealing of the underside of the overhang at the main entrance. Sealing to be used is Thompson Water Seal "clear" or equivalent. d. Caulking: only required at the front of the museum building, on the added walls that support the glulam beams at the front entrance. No caulking of the eaves. e. Museum hours—closed to public Mondays and Tuesdays. This would be the time to schedule painting the entrance area of the building. Page 1 of 2 2. The following is a change to the specifications: Please refer to Attachment 2, which is a revised bid sheet, and replaces the one originally issued. Added is the description, a place to identify what paint you are proposing to use, as well as timeframe needed to complete the work, start to finish (how many work days, assuming no weather constraints during that time period). All other terms and conditions remain in full force and effect. Mary V. Horger Financial Services Manager Page 2 of 2 Attachment 1 A a ' �o 1 { Attachment 2 PAGE 1 OF 1 REQUEST FOR BID 300 SEMINARY AVENUE City of Ukiah UKIAH,CALIFORNIA 95482 (ASP: (707)467-5774, F: (707)313-3831 DATE: 12/21/2022 Bids may be emailed,faxed, or hand delivered, to the contact information listed REQ.NO. E39188 herein, and by the specified deadline, or the bid will be rejected. BIDS WILL BE RECEIVED UNTIL Submitted by: 1:30 p.m.,January 26,2023 (Company Name AT THE OFFICE OF THE BUYER &Address) BY: Elvia Fernandez Email: efernandez@cityofukiah.com BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION PRICE 1 All necessary labor,equipment and materials to paint the exterior of the Grace Lump Sum Hudson Museum,including two rain water collection tanks and attached downspouts $ as per the specifications. Manufacturer of paint and primer being used: Manufacturer of sealant for underside of overhang at the main entrance: Number of working days to complete the work(assume no weather constraints): ayment erms: SIGNATURE: DATE: PRINT NAME: PHONE: EMAIL: TERMS: 1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent(5%),up to a maximum allowance of$2,500,on any bid for supplies,equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1)conducts business in an office or other business premises with a physical location in Mendocino County,2)holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location,and 3)has conducted business in compliance with 1)and 2)for not less than six(6)months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid,where one bidder is local,the other is not,and the bid is equal in price and quality,the award shall go to the Local Vendor. 2.Right is reserved to reject any and all bids. 3.Right is reserved to accept separate items unless specifically denied by bidder. 4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5. In CASE OF DEFAULT,the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 6.The price,terms,delivery point,and delivery date may individually or collectively be the basis of the awarding of the bid. 7. In submitting the bid,bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date,unless a different time period 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.