HomeMy WebLinkAboutWest Coast Fire & Water 2023-03-13COU 2223 177
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SHORTFORMCONSTRUCTIONCONTRACT
ThisAgreementismadeandenteredon March 13, 2023,in Ukiah,California,by and
between Bridges Restoration LLC,dba West Coast Fire Water,a limited liability company
Contractor")and the City of Ukiah City"),a general law municipal corporation.
RECITALS:
1.TheplansandspecificationsforthisworktheWork")arecontained in Exhibit A,which
is attached hereto and incorporated herein by this reference.
2.Contractorisproperlylicensedandqualifiedtoperformthework.
3.WheneverthisAgreementcallsforCityapprovalornotification,the approval or
notification must be signed by the City Manager or his or her designee.
AGREEMENT:
Wherefore,inconsiderationoftheforegoing facts and the terms and conditions as further
stated herein,the parties hereby agree as follows.
1. PERFORMANCE OF THE WORK
ContractorwillperformtheWorkasfurther provided herein.
1.1TimeofPerformance.Time is of the essence,and the Contractor shall commence the
work as soon as possible following the issuance of a Notice to Proceed”.
1.1.1.N/Acheckifapplicable]It is agreed by the parties to the contract that time is of
the essence and that,in case all the work is not completed before or upon the expiration of the
time limit as set forth,damage,other than those cost items identified in section 1.1.2,will be
sustained by the City and that it is and will be impracticable to determine the actual amount of
damage by reason of such delay;and it is therefore agreed that,subject to Sections 1.13 1.14,
below,the Contractor will pay to the City the sum of five hundred dollars 500.00)per day for
each and every calendar day's delay beyond the time prescribed.
1.1.2N/Acheckifapplicable]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
ATTACHMENT 2
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period of such extension,except that the cost of final unavoidable delays shall not be included
in such charges.
1.2ConstructionofContractDocuments.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.
1.3Contractorfurnisheditems.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
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.Contractorandanysubcontractorsshallpayallmechanicsand 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.ContractorshallcomplywiththeCaliforniaLaborCodeSection 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
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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 the site of work in a prominent
place where the workers can easily see it.
1.5.4.Citywillnotrecognizeanyclaim 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.TravelandSubsistence Payments.
Contractorshallmaketravelandsubsistence 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.
Attentionisdirectedtotheprovisions 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.
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Copies of Labor Code Sections 1771 requiring prevailing wages),1775 imposing
penalties,including a 50 per day,per worker forfeiture,for failure to pay prevailing wages),1776
requiring contractor to maintain available for inspection certified payroll records),1777.5
requiring certain apprenticeship programs),1813 imposing penalties for failure to make records
available for inspection)and 1815 requiring time and for overtime)are available at the
Department of Industrial Relations website at http://www.dir.ca.gov/
1.6CITYInspector.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.
1.7SiteConditions.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.
1.8NewProductsRequired.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.
1.9CompliancewithLaws.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.
1.10ProtectionofSiteandImprovements.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.
1.11InspectionofWork.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.
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1.12Title.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.
1.13Warranties.N/A]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 N/A%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.ExtensionofTime.
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.UnfavorableWeatherandOther 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
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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.HoursofLabor.
Eight 8)hours of labor shall constitute a legal day's work and the Contractor or any subcontractor
shall not require or permit more than eight hours of labor in a day from any person employed by
him or her in the performance of the work under this contract,unless paying compensation for all
hours worked in excess of eight 8)hours per day at not less than 1 times the basic rate of pay.
The Contractor shall forfeit to the City,as a penalty,the sum of twenty five dollars 25.00)for each
workman employed in the execution of the contract by him or her or by any subcontractor,for each
calendar day during which such laborer,workman,or mechanic is required or permitted to labor
more than eight hours in violation of the provisions of Section 1810 to 1816,inclusive,Article 3,
Chapter 1,Part 7,Division 2)of the Labor Code of the State of California and any acts amendatory
thereof.
2.CONTRACT PRICE
The Contractor will be paid for performance of this Agreement time and materials plus
subcontractors will be added as invoice plus 20%per rate sheet provided as Exhibit B.
3.PAYMENT OF CONTRACT PRICE
3.1 City authorizes McLarens to pay Contractor solely and directly for the completed work
performed pursuant to this contract.All payments under this contract shall be made upon the
presentation of certificates in writing to 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.Within
fifteen days of the City’s receipt of the certificate of payment,City shall review and forward
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authorization for payment to McLarens for its review,approval,and payment to the Contractor.
If,for any reason,Customer receives a check from Insurance Company made payable to Customer,
Customer agrees to pay West Coast Fire and Water immediately upon receipt of the check.In order
to expedite payment to Contractor,Customer hereby appoints Contractor as attorney in fact,
authorizing Contractor to endorse Customer’s name on Insurance Company checks or drafts,and to
deposit insurance checks for the services provided in the amount invoiced.
4.INDEMNIFICATION AND INSURANCE.
4.1Indemnification.The Contractor shall do all of the work and furnish all labor,
materials,tools and appliances,except as otherwise herein expressly stipulated,necessary or proper
for performing and completing the work herein required in the manner and within the time herein
specified.The mention of any specific duty or liability imposed upon the Contractor shall not be
construed as a limitation or restriction of any general liability or duty imposed upon the Contractor
by this contract,said reference to any specific duty or liability being made herein merely for the
purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and
the liability of the Contractor for all damages to persons or to public or private property,arising from
the Contractor's execution of the work,shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this
contract,the work shall be under the Contractor's responsible care and charge.The Contractor shall
rebuild,repair,restore and make good all injuries,damages,re erections and repairs,occasioned or
rendered necessary by causes of any nature whatsoever,excepting only acts of God and none other,
to all or any portions of the work,except as otherwise stipulated.
To the fullest extent permitted by law,Contractor shall indemnify and hold harmless the City and its
officers,directors,agents,and employees from and against all claims,damages,losses and expenses
including but not limited to attorneys'fees,costs of suit,expert witness fees and expenses and fees
and costs of any necessary private investigators arising out of or resulting from the performance of
the work,provided that any such claim,damage,loss or expense 1)is attributable to bodily injury,
sickness,disease or death,or to injury to or destruction of tangible property,other than the work
itself,including the loss of use resulting therefrom and 2)is caused in whole or in part by any act or
omission of the Contractor,any subcontractor,or anyone directly or indirectly employed by any of
them,or anyone for whose acts any of them may be liable,regardless of whether or not it is caused
in part by a party indemnified hereunder,or by the negligence or omission of a party indemnified
herein.
In any and all claims against the City or any of its agents or employees by any employee of the
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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.
4.2Insurance.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.MinimumScopeof Insurance
Coverageshallbeatleastasbroadas:
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.MinimumLimitsofInsurance
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
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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.
4.2.3.DeductiblesandSelfinsuredRetentions
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 officers,officials,
employees,or volunteers shall be in excess of the Contractor’s insurance and shall not
contribute with it.
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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.
ThisAgreementmayonlybeterminatedbyCity:1)forbreachoftheagreement;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.retainanyamountsearnedundertheContractbutnotyetpaidby City;
b.takepossessionofallmaterialand fixtures on the job site;
c.havetherighttocompletetheWorkandrecoverfromContractorany 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.
Citymay,fromtimetotime,requestchangesintheWork,thetimeto 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.
TheContractorshallnotassignanyinterestinthisAgreement,and shall not transfer any
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interest in the same whether by assignment or novation),without the prior written consent of City.
8.APPLICATION OF LAWS.
ThepartiesherebyagreethatallapplicableFederal,Stateandlocal rules,regulations and
guidelines not written into this Agreement shall hereby prevail during the period of this Agreement.
9.INDEPENDENT CONTRACTOR.
ItistheexpressintentionofthepartiesheretothatContractorisan 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.
ThoseprovisionsofthisAgreementthat reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws,rules,regulations,and in
terpretations 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.
Contractorshallpayallestimatedand actual federal and state income and self employment
taxes that are due the state and federal government and shall furnish and pay worker's compensa
tion 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.
Contractorwarrantsandrepresentsthatitisaproperlylicensedfor the work performed
under this Agreement with a substantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this Agreement.
10.GOVERNING LAW.
ThisAgreementshallbegovernedbyandconstruedinaccordancewiththe 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.
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11. SEVERABILITY.
IfanyprovisionoftheAgreementisheld by a court of competent jurisdiction to be invalid,
void,or unenforceable,the remaining provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
12. INTEGRATION.
ThisAgreement,includingtheexhibits 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.
NowaiverofanyoftheprovisionsofthisAgreementshallbedeemed,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.
Whenevernotice,paymentorothercommunication 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
Bridges Restoration,LLC City of Ukiah
dba West Coast Fire Water
5846 Live Oak Drive 300 Seminary Ave.
Kelseyville,CA 95451 Ukiah,CA.95482
Email:lmartinez@westcoastfireandwater.com Email:puchasing@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.
Theparagraphheadingscontainedhereinareforconvenienceandreference only and are
not intended to define or limit the scope of this agreement.
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16. EXECUTION OF AGREEMENT.
ThisAgreementmaybeexecutedinduplicateoriginals,eachbearingthe 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,thepartieshaveenteredthis Agreement on the date first written above.
CONTRACTOR CITYOFUKIAH
By:By:
LeonardoMartinez SageSangiacomo
DirectorofLargeLoss CityManager
California Contractor's License Number:1036250
Department of Industrial Relations Registration Number:1000040614
German
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EXHIBIT A SCOPE
The work is for any and all necessary cleaning and/or restoration services at 1350 Hastings Road,
Ukiah,California,that are eligible expenses covered under Claim Number 002 059250 00.Q as
approved by McLarens Insurance and the City of Ukiah.Any expenses not pre approved by
McLarens Insurance and the City of Ukiah will be the sole responsibility of West Coast Fire and Water.
1
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
Insured: City of Ukiah Home: (707) 463-6233
Property: 1350 Hastings Rd
Ukiah, CA 95482
Estimator: Leo Martinez Business: (707) 245-7017
E-mail: lmartinez@westcoastfireandw
ater.com
Position: Director Of Large Loss
Company: West Coast Fire and Water
Business: 3001 South State St #5
Ukiah, CA 95482
Claim Number:Policy Number:Type of Loss:<NONE>
Date of Loss:Date Received:
Date Inspected:Date Entered: 5/14/2020 9:00 AM
Price List: CAUK8X_SEP22
Restoration/Service/Remodel
Estimate: T&MPRICING
EXHIBIT B
2
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 2
CODES
Main Level
REGULAR WAGE (NON PREVAILING)
REGULAR WAGE
DESCRIPTION QTY UNIT PRICE TOTAL
NON PREVAILING WAGE RATE***
1. Skilled Labor 1.00 HR @ 75.00 =75.00
2. Supervisor 1.00 HR @ 85.00 =85.00
3. Project Manager 1.00 HR @ 100.00 = 100.00
4. Project Manager- large loss 1.00 HR @ 125.00 = 125.00
5. Project Estimator 1.00 HR @ 120.00 = 120.00
6. Skilled Biohazard Technician 1.00 HR @ 120.00 = 120.00
7. Biohazard Supervisor 1.00 HR @ 125.00 = 125.00
8. Health and Safety Officer 1.00 HR @ 75.00 =75.00
9. Admin 1.00 HR @ 40.00 =40.00
Overtime rates will be calculated as rates above x1.5
PREVAILING WAGE
DESCRIPTION QTY UNIT PRICE TOTAL
PREVAILING WAGE RATES***
10. Skilled Labor 1.00 HR @ 123.00 = 123.00
11. Supervisor 1.00 HR @ 135.00 = 135.00
12. Project Manager 1.00 HR @ 130.00 = 130.00
13. Project Manager- large loss 1.00 HR @ 140.00 = 140.00
14. Skilled Microbial Remediaton Technician 1.00 HR @ 133.00 = 133.00
15. Microbial Remediation Supervisor 1.00 HR @ 145.00 = 145.00
16. Skilled Biohazard Bloodborne Pathogen Technician 1.00 HR @ 143.00 = 143.00
17. Biohazard Bloodborne Pathogen Supervisor 1.00 HR @ 155.00 = 155.00
18. Health and Safety Officer 1.00 HR @ 140.00 = 140.00
19. Admin 1.00 HR @ 70.00 =70.00
20. Resources Coordinator 1.00 HR @ 100.00 = 100.00
Overtime rates will be calculated as rates above x1.5
MATERIALS Height: 8'
3
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 3
DESCRIPTION QTY UNIT PRICE TOTAL
21. 4 mil 10X100 1.00 RL @ 140.00 =140.00
22. 4 mil 10X100 (fire resistant)1.00 RL @ 160.00 =160.00
23. 6 mil 10X100 1.00 RL @ 184.00 =184.00
24. 6 mil 10X100 (fire resistant)1.00 RL @ 315.00 =315.00
25. Absorbent 1.00 BG @ 20.00 =20.00
26. Adhesive spray 1.00 EA @ 15.00 =15.00
27. Air Neutralizer 1.00 EA @ 41.00 =41.00
28. Bags clear bags (pack of 50)1.00 BX @ 43.00 =43.00
29. Bags garbage (pack of 32)1.00 BX @ 51.00 =51.00
30. HEPA vac debris bag 1.00 EA @ 30.00 =30.00
31. Bio hazard bags (pack of 50)1.00 BX @ 75.00 =75.00
32. Booties (pair)1.00 EA @ 1.00 =1.00
33. Botanical disinfectant 1.00 GL @ 95.00 =95.00
34. Box Large 4.5 cubic feet 1.00 EA @ 8.00 =8.00
35. Box Medium 3 cubic feet 1.00 EA @ 6.00 =6.00
36. Box Small 1.5 cubic feet 1.00 EA @ 4.00 =4.00
37. Box waredrobe 24X24X34 1.00 EA @ 23.00 =23.00
38. Bubble wrap roll 1.00 RL @ 115.00 =115.00
39. Carpet shield protector 200'1.00 EA @ 114.00 =114.00
40. Chemical sponges 1.00 EA @ 5.00 =5.00
41. Cleaner glass 1.00 EA @ 15.00 =15.00
42. Cleaner heavy duty degreaser 1.00 EA @ 65.00 =65.00
43. Deoderizer for ducting 1.00 GL @ 47.00 =47.00
44. Deoderizer smoke/odor 1.00 GL @ 126.00 =126.00
45. Deoderizer thermal fog 1.00 GL @ 168.00 =168.00
46. Dry Ice 1.00 LB @ 10.00 =10.00
47. Duct sealant 1.00 GL @ 70.00 =70.00
48. Encapsulant smoke/odor 1.00 5G @ 450.00 =450.00
49. Filter carbon 1000/1200 1.00 EA @ 100.00 =100.00
50. Filter carbon 2000 1.00 EA @ 170.00 =170.00
51. Filter carbon 500 1.00 EA @ 70.00 =70.00
52. Filter HEPA 1000/1200 1.00 EA @ 254.00 =254.00
53. Filter HEPA 2000 1.00 EA @ 294.00 =294.00
54. Filter HEPA 500 1.00 EA @ 194.00 =194.00
55. FIlter pad 1000/1200 1.00 EA @ 3.00 =3.00
56. FIlter pad 2000 1.00 EA @ 3.00 =3.00
57. Filter pad 500 1.00 EA @ 3.00 =3.00
58. Filter pleated 2000 1.00 EA @ 20.00 =20.00
59. Filter pleated 500 1.00 EA @ 16.00 =16.00
60. Filter pleated 1000/1200 1.00 EA @ 18.00 =18.00
4
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 4
CONTINUED - MATERIALS
DESCRIPTION QTY UNIT PRICE TOTAL
61. Filter respirator (pair)1.00 EA @ 24.00 =24.00
62. Filter respirator odor (pair)1.00 EA @ 66.00 =66.00
63. Floor scraper blades 1.00 EA @ 2.00 =2.00
64. Furniture blanket 1.00 DA @ 2.00 =2.00
65. Furniture blocks 1.00 BX @ 81.00 =81.00
66. Gloves disposable 1.00 BX @ 18.00 =18.00
67. Lay flat 12"x500'1.00 LF @ 1.00 =1.00
68. Lay flat 18"x500'1.00 LF @ 1.25 =1.25
69. Lay flat 22"x500'1.00 LF @ 1.50 =1.50
70. Lay flat 24"x500'1.00 LF @ 1.75 =1.75
71. Lay flat 30"x500'1.00 LF @ 2.00 =2.00
72. Mop/mop head/bucket combo 1.00 EA @ 25.00 =25.00
73. N-95 1.00 EA @ 5.00 =5.00
74. Paint remover 1.00 GL @ 78.00 =78.00
75. Paint plastic 10x100 2 mil 1.00 RL @ 48.00 =48.00
76. Furniture polish 1.00 EA @ 23.00 =23.00
77. Stainless steel polish 1.00 EA @ 14.00 =14.00
78. Poly hanger T clips 1.00 EA @ 8.00 =8.00
79. Rags white (60 pack)1.00 BX @ 100.00 =100.00
80. Ramboard 38" wide 100'1.00 RL @ 205.00 =205.00
81. Sand bag (filled)1.00 EA @ 40.00 =40.00
82. Saw zawzall blades (metal)1.00 EA @ 4.00 =4.00
83. Saw zawzall blade (wood)1.00 EA @ 5.00 =5.00
84. Scouring sponges (yellow or green)1.00 EA @ 3.00 =3.00
85. Shrink wrap 1.00 RL @ 66.00 =66.00
86. Tacky mat (set of 25)1.00 EA @ 120.00 =120.00
87. Caution tape 1.00 RL @ 34.00 =34.00
88. Duct tape 1.00 RL @ 17.00 =17.00
89. Packaging tape 1.00 RL @ 12.00 =12.00
90. Painters tape 2"1.00 RL @ 20.00 =20.00
91. Painters tape 3"1.00 RL @ 28.00 =28.00
92. Tyvek suits (blue)1.00 EA @ 22.00 =22.00
93. Tyvek suits (white)1.00 EA @ 20.00 =20.00
94. Tyvek suits (yellow)1.00 EA @ 24.00 =24.00
5
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 5
CONTINUED - MATERIALS
DESCRIPTION QTY UNIT PRICE TOTAL
95. Water case (24 pack)1.00 EA @ 24.00 =24.00
96. Zipper (2 pack)1.00 EA @ 30.00 =30.00
97. Cleaner simple green 1.00 EA @ 43.00 =43.00
SMALL TOOLS FEE OF 3% WILL BE APPLIED TO INVOICE ON LABOR ONLY**
EQUIPMENT
DESCRIPTION QTY UNIT PRICE TOTAL
98. Air compressor 1.00 DA @ 100.00 = 100.00
99. Air mover 1.00 DA @ 30.00 =30.00
100. Air scrubber 1000/1200 CFM 1.00 DA @ 125.00 = 125.00
101. Air scrubber 2000 CFM 1.00 DA @ 150.00 = 150.00
102. Air scrubber 500 CFM 1.00 DA @ 80.00 =80.00
103. Airless spray 1.00 DA @ 165.00 = 165.00
104. Dehumidifer large 110-159 PPD 1.00 DA @ 175.00 = 175.00
105. Dehumidifer medium 70-109 PPD 1.00 DA @ 150.00 = 150.00
106. Dehumidifer small 69 PPD 1.00 DA @ 120.00 = 120.00
107. Desiccant dehumidifer 1,000-2,500 CFM 1.00 DA @ 710.00 = 710.00
108. Desiccant dehumidifer 10,000 CFM 1.00 DA @ 2,400.00 = 2,400.00
109. Desiccant dehumidifer 15,000 CFM 1.00 DA @ 3,350.00 = 3,350.00
110. Desiccant dehumidifer 3,000-4,000 CFM 1.00 DA @ 1,200.00 = 1,200.00
111. Desiccant dehumidifer 5000 CFM 1.00 DA @ 1,500.00 = 1,500.00
112. Desiccant dehumidifer 7,500 CFM 1.00 DA @ 2,000.00 = 2,000.00
113. Dolly 1.00 DA @ 22.00 =22.00
114. Dry ice blasting machine 1.00 DA @ 650.00 = 650.00
115. Extractor- portable 1.00 DA @ 140.00 = 140.00
116. Extractor- truck mount 1.00 DA @ 525.00 = 525.00
117. Generator 10 KW 1.00 DA @ 125.00 = 125.00
118. Generator 100 KW 1.00 DA @ 950.00 = 950.00
119. Generator 150 KW 1.00 DA @ 1,100.00 = 1,100.00
120. Generator 175 KW 1.00 DA @ 1,250.00 = 1,250.00
121. Generator 200 KW 1.00 DA @ 1,300.00 = 1,300.00
6
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 6
CONTINUED - EQUIPMENT
DESCRIPTION QTY UNIT PRICE TOTAL
122. Generator 250 KW 1.00 DA @ 1,450.00 =1,450.00
123. Generator 30 KW 1.00 DA @ 370.00 =370.00
124. Generator 300 KW 1.00 DA @ 1,650.00 =1,650.00
125. Generator 400 KW 1.00 DA @ 2,450.00 =2,450.00
126. Generator 5 KW 1.00 DA @ 95.00 =95.00
127. Generator 50 KW 1.00 DA @ 600.00 =600.00
128. Generator 75 KW 1.00 DA @ 750.00 =750.00
129. Hydroxyl generator 1.00 DA @ 300.00 =300.00
130. Moisture meter 1.00 DA @ 75.00 =75.00
131. Ozone generator 1.00 DA @ 300.00 =300.00
132. Passenger van 1.00 DA @ 195.00 =195.00
133. Pick up tuck 1.00 DA @ 205.00 =205.00
134. PPE harness and lanyard 1.00 DA @ 30.00 =30.00
135. Pressure washer 1.00 DA @ 150.00 =150.00
136. Respirator full face 1.00 DA @ 12.00 =12.00
137. Respirator half face 1.00 DA @ 42.00 =42.00
138. Scaffolding 1.00 EA @ 45.00 =45.00
139. Spider box 1.00 DA @ 72.00 =72.00
140. Spider box cables 100'1.00 DA @ 62.00 =62.00
141. Thermal camera 1.00 DA @ 175.00 =175.00
142. Thermohygrometer 1.00 DA @ 70.00 =70.00
143. Vaccum back pack 1.00 DA @ 95.00 =95.00
144. Vaccum HEPA turtle 1.00 DA @ 95.00 =95.00
145. Work light temporary lighting 1.00 DA @ 20.00 =20.00
146. Workstation (table, chair)1.00 DA @ 50.00 =50.00
VEHICLES
DESCRIPTION QTY UNIT PRICE TOTAL
147. Box truck small 1.00 DA @ 340.00 =340.00
148. Box truck medium 1.00 DA @ 415.00 =415.00
149. Box truck large 1.00 DA @ 510.00 =510.00
7
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 7
CONTINUED - VEHICLES
DESCRIPTION QTY UNIT PRICE TOTAL
150. Cargo van 1.00 DA @ 250.00 =250.00
151. Dump truck (does not include dump fees)1.00 DA @ 600.00 =600.00
152. Dump trailer (does not include dump fees)1.00 DA @ 120.00 =120.00
153. Catastrophe trailer 1.00 DA @ 600.00 =600.00
Grand Total Areas:
384.00 SF Walls 144.00 SF Ceiling SF Walls andCeiling528.00
144.00 SF Floor 16.00 SY Flooring 48.00 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 48.00 LF Ceil. Perimeter
144.00 Floor Area 160.44 Total Area 384.00 Interior Wall Area
456.00 Exterior Wall Area 50.67 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length 0.00 Total Hip Length
Coverage Item Total %ACV Total %
Dwelling 29,954.00 79.77%29,954.00 79.77%
Other Structures 0.00 0.00%0.00 0.00%
Contents 7,594.50 20.23%7,594.50 20.23%
Total 37,548.50 100.00%37,548.50 100.00%
8
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 8
Summary for Dwelling
Line Item Total 29,954.00
Replacement Cost Value $29,954.00
Net Claim $29,954.00
Leo Martinez
Director Of Large Loss
9
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 9
Summary for Contents
Line Item Total 7,594.50
Replacement Cost Value $7,594.50
Net Claim $7,594.50
Leo Martinez
Director Of Large Loss
10
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 10
Recap by Room
Estimate: CODES
Area: Main Level
Area: REGULAR WAGE (NON PREVAILING)
REGULAR WAGE 865.00 2.30%
Coverage: Dwelling 100.00% =865.00
Area Subtotal: REGULAR WAGE (NON PREVAILING)2.30%865.00
Coverage: Dwelling 100.00% =865.00
PREVAILING WAGE 1,414.00 3.77%
Coverage: Dwelling 100.00% =1,414.00
MATERIALS 4,759.50 12.68%
Coverage: Contents 100.00% =4,759.50
EQUIPMENT 27,675.00 73.70%
Coverage: Dwelling 100.00% =27,675.00
VEHICLES 2,835.00 7.55%
Coverage: Contents 100.00% =2,835.00
Area Subtotal: Main Level 100.00%37,548.50
Coverage: Dwelling 79.77% =29,954.00
Coverage: Contents 20.23% =7,594.50
Subtotal of Areas 100.00%37,548.50
Coverage: Dwelling 79.77% =29,954.00
Coverage: Contents 20.23% =7,594.50
Total 37,548.50 100.00%
11
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 11
Recap by Category
Items Total %
CONT: PACKING,HANDLNG,STORAGE 2,835.00 7.55%
Coverage: Contents @ 100.00% =2,835.00
LABOR ONLY 2,279.00 6.07%
Coverage: Dwelling @ 100.00% =2,279.00
USER DEFINED ITEMS 4,759.50 12.68%
Coverage: Contents @ 100.00% =4,759.50
WATER EXTRACTION & REMEDIATION 27,675.00 73.70%
Coverage: Dwelling @ 100.00% =27,675.00
Subtotal 37,548.50 100.00%
12
T&MPRICING 3/24/2023 Page: 12
Main Level
MATERIALSMATERIALS
Main Level
12'
12' 8"
12 12
8