Loading...
2010-09-07 4-E ContractCONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 24th day of August, 2010, by and between CITY OF ALAMEDA, a municipal corporation (hereinafter referred to as "City and W.R. FORDE ASSOCIATES, a partnership whose address is 984 HENSLEY STREET, RICHMOND, CALIFORNIA 94801 hereinafter called the Contractor, in reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City and Contractor desire to enter into an agreement for Cyclic Sewer Repair Project, Phase 8, Portions of Buena vista Avenue, Pacific Avenue and Lincoln Avenue, in accordance with Specifications, Special Provisions and Plans, adopted therefor, No. P.W. 01 -10- 03, filed in the office of the City Clerk on July 6, 2010. Now, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within five (S) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before the expiration of sixty (60) consecutive working days from the date of receipt of notice to begin work. The sixty (60) working days shall be inclusive of the ordering and delivery time for pipes, manholes, and all other associated supplies with the project. This contract may be mutually amended on a year -by -year basis, for up to four (4) additional years, based on satisfactory performance of all aspects of this contract. The Public Works Director may submit written notice that the contract is to be extended at the same terms and costs as the existing contract, except as provided herein. The unit prices for any contract amendment(s) to this agreement shall be adjusted by the Engineering News Record Index for the trades associated with the work from the date of the original bid opening to the estimated date of the proposed amendment(s). Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. W. R. Forde Associates Page: 1 No. P.W. 01 -10 -03 Cyclic Serer Repair Project, Phase 8 GVUBWORKSUPTYCLIC SEWER PHASE 81CONMDOCSkWRPOROE AGREEIVlEYvTDOC Contractor shall perform each requested service set forth in the list of services detailed in Exhibit "A as directed by the City, which is attached hereto and incorporated herein by this reference. The Contractor acknowledges that the work plan included in Exhibit "A" is tentative and does not commit the City to perform all task included therein 3. COMPENSATION TO CONTRACTOR Contractor shall be compensated for services performed pursuant to this Agreement in the amount and planner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of said City, to be taken from the Sewer fund. Payment will be made by the City in the following manner. On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made for 90% of the value of the work completed as determined by the City. The City shall retain 10% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. Total compensation under this contract shall not exceed $1,372,209.00, which includes a 15 percent contingency ($178,984.00). Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City. 4 TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for tinder the Agreement is not completed before or upon the expiration of the time limit as set forth. in paragraph I above, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the su.m. of THREE THOUSAND DOLLARS ($3,000.00) per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated darnages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the work called for under the Agreement is not finished and completed in all. parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and W. R. Forde Associates Page: 2 No. P.W. 01 -10 -03 Cyclic Sewer Repair Project, Phase 8 G.TUBWORKSTIPTYCLIC SEWER PHASE MCONST'ID UMRFORDE AGREEMENT.DOC overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidermic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the dewy, and its findings of the facts thereon shall be final and conclusive. 5. STANDARD OF CA Contractor agrees to perform all services hereunder in a planner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. City and Contractor intend that the relationship between them created by this Agreement is that of employer- independent contractor. The planner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or. other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City. to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from City to Contractor, its employees.. or agents. Deductions shall not be made for any state or federal taxes, FICA payments., PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due Contractor. Payments of the above iterns, if required, are the responsibility of Contractor. 7. IMMIGRATION FO AND CONTROL AC'I` IRCA Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IR CA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor`s employee. on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. W, R. Forde Associates Page: 3 No. P.W. 01-10 -03 Cyclic Sewer Repair Project, Phase 8 G:IPUBWORKS\CLPICYCLIC 5ENVERPHASE 81 CONMIDOMWRFORDE AGREEMENT.DOC 9. HOLD HARMLESS Except for lass, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, caused solely by the negligence of the City, its City Council, boards and commissions, officers and employees, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all lass, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit arising from or in any planner connected to Contractor's negligent act or omission regarding performance of services or work conducted or performed pursuant to this Agreement. Except for loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, caused solely by the negligence of the City, its City Council, boards and commissions, officers and employees, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers. and. employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services,, materials, equipment or supplies arising from or in any planner connected to the Contractor's negligent act or omission regarding performance of services or work conducted or performed pursuant to this Agreement. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered .by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (3 D) days' advance written notice to. the. City of Alameda by certified mail, "Attention: Risk Manager." It is agreed that Contractor shall maintain in force at all times during the performance of .this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE Contractor shall maintain the following insurance coverage: (1) workers' Com ensation: Statutory coverage as required by the State of California. (2) Lia ill Commercial general liability coverage in the following minimum limits: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate all other Property Damage: $2,000,000 each occurrence $2,000,000 aggregate W. R. Forde Associates Page: 4 No. P.W. 01 -10 -03 Cyclic Sewer Repair Project, Phase 8 G:\PUBWGRKSICTPTYCLIC SEWER PHASE 81C0NSMClM%RF0RDE AGREEMEN'T`.DOC If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence or Combined Single Limit: $2,000,000 each occurrence (4) Pollution Prevention: Legal liability required for hazardous materials excavation in the amount of 2,000,000 each occurrence. Contractor agrees that in the event of loss due to any of the perils for .which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to .City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue .of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in.. the. Contractor's name or as an agent of the Contractor and. shall be compensated by the Contractor for the costs of the insurance premiums at the maximu m rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL I NSURED: City, its City Council, boards and commissions, officers, and. employees shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect. any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. W. R. Forde Associates Page: 5 Cyclic Sewer Repair Project, Phase 8 No. P.W. 01 -10 -43 G :\PUBWORKSICIPICYCLTC SEWER PHASE STONSDtDOMINRFORDE AGREEMENT.DOC 11. BONDS: Contractor shall furnish the following bonds from a bonding company acceptable to the City .Attorney' A. Faithful Performance A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials A bond for labor and materials in the amount of 100% of the total contract price. 002DI'M Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of lave or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and. void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as .an assignment of this Agreement. Control means fifty percent (50 or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the. scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance. carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. W. R. Forde Associates Page: 6 No. P.W. 41 -10 -43 Cyclic Sewer Repair Project, Phase 8 G:\PUBWORKSTIPTYCLIC SEWER PHASE StCONST DOCStWRFORDE AGREEMENT,DOC 15. PORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. Co S Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required. by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance. with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives. of City or its designees at all proper tunes, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with. supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. 17. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered person ally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. City at: All notices, demands, requests, or approvals from Contractor to City shall be addressed to City of Alameda Public works Department Alameda Point, Building 1 950 W. Fall Square, Room 110 Alameda CA 94501 Attention: Barbara Hawkins, City Engineer Ph: (510) 749-5840 Fax: (510) 749-5 Email: bhawkins ci aameda. ca. us W. R. Forde Associates Cyclic Sewer Repair Project, Phase 8 Page: 7 No. P.W. 01-10-03 G;TUBWQRKSICIMYCLIC SEWER PHASE 8 \CONS' ROCS \WRFGRDE AGREEMENT.DQC All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: W.R. Forde Associates 984 Hensley Street Richmond, CA 94801 Attention: Gus Carrell, Project Manager Ph: (510) 215 -9338 /Fax: (510) 215 -9867 18. URBAN RUNOFF MANAGEMENT The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain. inlets prior to the start of the rainy season (October 15), in site de- watering activities and saw cutting activities; shovel or vacuum saw -cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. .After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Alameda County -wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up- graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the State's Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7. 1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. W. R. Forde Associates Page: 8 No. P.W. 01 -10 -03 Cyclic Sewer Repair Project, Please 8 &TUBWORKSTIPTYCLIC SEWER PHASE MCONSTDOCS\WRFORDE AGREEMENT.DOC Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. water Code §13385. 19. COMPLIANCE WIT THE CITY INTEGRATED PEST MANAGEMENT POLICY: The Contractor shall follow the requirements of the City's Integrated Pest Management (IPM).Policy to ensure the City is in compliance with its .Municipal Regional Stormwater NPDES Permit, order No. R2 -2009 -0074, issued. by the California Regional water Quality Control Board. Contractor shall follow the City's IPM Policy and utilize generally accepted IPM Best Management Practices (BMPs) to the maximum extent practicable for the control or management of pests in and around City buildings and facilities, parrs .and. golf courses, urban landscape areas, rights -of -way, and other City properties. A copy of the City's IPM Policy may be obtained from the Department of Public works and is also on file with the City Clerk. 20. COMPLIANCE WITH MARSH CRUST ORDINANCE Contractor shall perform all excavation work in compliance with the City's Marsh Crust Ordinance as set forth at Section 13 -56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building official whether the excavation work is subject to the Marsh Crust ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be sub j ect to the Marsh Crust ordinance. 21. SAFETY REQUIREMENT: All work performed under this Agreement shall be performed in such a manner as. to provide safety to the public and to meet or exceed the safety standards outlines by CAL -OSHA. The City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the 'work sites free of hazards to persons and /or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations. Any hazardous condition noted by Contractor, which .is not a result of his or her operations, shall immediately be reported to the City. 22. PURCHASES OF MINED MATERIALS UI ENT Contractor shall ensure that all purchases of mined materials. such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface ruining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA). Within five days of award of contract, Contractor shall submit a report to City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation's office of Mine Reclamation (OMR) and can be viewed at: v conservation. ca. ov OMR ab 3)098 list inde ehtm.. Note that the list changes periodically and should be reviewed accordingly. W. R. Forde Associates Page: 9 No. P.W. 41 -I0-03 Cyclic Sewer Repair Project, Phase 8 G :1PUBWORKSICIPTYCLIC SEWER PHASE 81C0NSrD4CS\WRF0RDE AGREEMENT.DOC 23. TE IATIO In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 24. COI PLI,A LACES Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 25. LONFLICT OF LAW: This .Agreement shall be interpreted under, and enforced by the laves of the State of California excepting any choice of law rules which may direct the application of laves of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California. 26. ADVERTISEMENT. Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, shove bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 27. WAIVER A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 28. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every bind or. nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever Find or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. W. R. Forde Associates Page: 10 No. P.W. 01 -10 -03 Cyclic Sewer Repair Project, Phase 8 G:1PUSWORKS\C1P\CYCLIC SENVER PHASE StCONSTDOCSIWRFORDE AGREEMENT.DOC 29. INSERTED PROVISIONS Each provision and clause required. by law to be. inserted. into the Agreement shall be deemed to be enacted herein., and the Agreement. shall be read and .enforced as though each were included herein. If through mistake or. otherwise, any such provision is not inserted or is. not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 30. CAPTIONS: The captions in this .Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be .executed on the day and year first above written. Ma.t.thew. T. Naclerio Public Works Director APPROVED AS To FORM: City Attorney I ura Za g aro i Deputy City Attorney I W. R. Forde Associates Page: I I No. P.W. 01 -10-03 Cyclic Sever Repair Project, Phase 8 G :TUB ORKS ]PTYCLIC SEWER PHASE: STONsTOMMUORDE AGREENIENT.©oc EXHIBIT SECTION XIV. BIDDER'S PROPOSAL Specifications and Special Proposal. to the .COUNCIL of the Provisions CITY OF A.LAMEDA; 3-To. P.W. 0 -10-03 The. undersigned declares that lie has Piled: carefully examined the location of Cyclic Sewer Repair Project, Phase 8 the proposed work and the Plans, Portions of Buena Vista Avenue, Specifications, and Special Provisions Pacific Avenue and Lincoln Avenue therefore, referred to herein, and hereby proposes. to furnish all labor, materials, machinery, tools. and equipment required to perform the work; and to do all.. the said work,. in accordance with .said Plans, Specifications and Special Provisions far. the unit prices set forth in the following schedule: Item Approximate Items with Unit Prices Unit Total No. Quantity Written in Words Price Price 1. I Lump Suez Mobilization Lump 2. i Lump Sung. Maintaining Traffic Z& Lump S um 3. 6,200 Linear Foot Replace Existing SS Main with 8" Pipe (Open Trench Linear 1`oot Cyclic Sewer, Phase 8 No. P.W. 01 -10 -03 Portions of Buena 'vista Avenue, G:1PUBW(]W%C1RCYCLJC SEWER PHASE 81 DESIGMDOMSPEMSPEC MJIBrTS.DOC Pacific Avenue and Lincoln Avenue Item Approximate Items with Unit Prices Unit Total No. Quantity Written in Words Price Price 4. 3,500 Linear Foot Replace Existing SS Lateral With 4" Pipe (Open Trench) 1 7 4, f Cyclic Sever, Phase 8 No. P.W. 01 -10 Portions of Buena Vista Avenue, a;TUBWoRKS cC] MYCLIC SEWER PHASE KDE.S]ornnoMSPEMSPEC EXMBITs.Dxx Pacific Avenue and Lincoln Avenue Linear Foot 5. 170 Each Install 4" 2 -Tay Kelly Cleanout r Each r 6. 27 Each Install New Type A Manhole �-Yc- I 'ma Each 7. 4,500 Square Foot Recons Sidewalk f/ s Square Foot 8. 900 Linear Foot Reconstruct Curb and Gutter Linear Foot 9. 27,000 Square Foot Asphalt Concrete Patch Scl are Foot Cyclic Sever, Phase 8 No. P.W. 01 -10 Portions of Buena Vista Avenue, a;TUBWoRKS cC] MYCLIC SEWER PHASE KDE.S]ornnoMSPEMSPEC EXMBITs.Dxx Pacific Avenue and Lincoln Avenue Item Approximate Items with Unit Prices Unit. Total No. ._Quanti Written in Words Price Price 10. 19,500 S Foot Asphalt Concrete Brid S Foot 6,200 Linear Foot Mechanical Sheetin and Shorin of Sewer 'C'rench Linear Foot 12 1 Lump Sum SJ g na g e, Stri and. Restoration of Traffic.Loop 1u np Sum. 13. 250 Linear Foot Grout Abandoned Sewer Pipe Linear F of 14. I Allowance Permits Five Thousand Dollars $5 $5,000.00 Permits F TOTAL BASE .BID C Sewer, Phase 8 No. P.W, 01-10-03 Portions of Buena Vista Avenue, G.TU5W0RKS1,CMCYCL1C SEWER PHASE STESIGNTfOMSPEMSPEC E.VVBJ'rS.D0C Pacific Avenue and Lincoln Avenue ADD ALTERNATE Na.1 Item .Approximate Items with Unit Prices 1. otal No. Q uantity Written in Words Price Price I 20 'Tan Stocl pj tarsi ated Soil Ton 2 2 0 Ton Import BQae r 1 Ton 3. 1,000 Gallon Conta Water,, Ga llon r -17 TOTAL ADD ALTERNATE NO.1 TOTAIL BASE BID ADD ALTERNATE NOJ 0 C) Amount of Time Required to Commence Work After Receipt of Work Order: 5 Days Cyclic SeNver, Phase 8 No, P.W. 41 -10 -0 Portions of Buena Vista Avenue, GAPUBWORK&CIRCYCLIC SEWER PHASE 80FSJGNDXSISPECS SPEC EX1-fIBUSDOC Pacific Avenue and Lincoln Avenue The undersigned agrees to execute the contract required .in said Specifications, to the satisfaction of the Council of the City of Alameda,, with the necessary bonds, if any be required, within ten days, not including Sundays or legal holidays, after receiving notice that the contract. has been. awarded and is ready for signature; and further agrees that, in case. of his default. in any of the foregoing provisions, the proceeds of any heck which may accompany his bid in lieu of a bid bond shall become the property ofthe City of Alameda as agreed and liquidated damages. Firm Name (Please Print) ate's Signature of Person on Behalf of Firm Business Address r City 2p Code Incorporated under the laws of the State of Contractor's License No. Expiration Date The signature above certifies that the foregoing information given on this document is true and correct under penalty of penury (Section 7028.15 California Business and Professionals Code). Cyclic Sever, Phase 8 Igo. P.W. 01 -10 -03 Portions of Buena vista Avenue, G:IdP BWQRK&CnCYCLIC SEWER PHASE SMSICNII]fl{ WECSISPECEXHMrrS.DX Pacific Avenue and Lincoln Avenue SUBCONTR TO BE USED IN THE PERFORMANCE OF TICS CONTRACT Name Address Work to be Perfo ed C-"c Cyclic Sewer, Phase S No. P.W. 01 -10 -03 Portions of Buena Vista Avenue, G .TUBW0RKSICIPtCYCLI+C SEWER PHASE 8\DF.SIGN1I7XWPECS%SPEC E3mrrS.Doc Pacific Avenue and Lincoln Avenue SECLTJTY FOR COMPENSATION CERTIFICATE To: (Required by P 1861, California Labor Code) I am aware of the provisions of Section 3700 of the Labor Code of the State of California, which requires every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that. Code, and I will comply with such p rovisions before comm encing the performance of the work of this contract. 1 I A d d r ess Business Cyclic Sewer, Phase 8 No. P. W 01 -10 -03 Portions of Buena Vista Avenue, c.-TUSwoRxsiCIKCYC .Ic SE1VER PHA MDESIcznnoCS�SPEcSWEC ExmrrS.DOC Pacific Avenue and Lincoln Avenue CITY.OF ALAMEDA BIDDERS'. LIST All bidders /proposers are required to provide the following information for all DBE and non -DB .R. contractors, who provided a proposal, bid, quote, or were contacted by .the proposed prime. This .information .is. also required from the proposed prune contractor, and must he submitted with their bid/proposal.. The. City o.f.Alameda will. use this information to maintain and update a Bidders' List to assist in the overall annual goal setting process. Firm Name: E phone: Address: Fax: t Contact Person: No. of Fears.n Business: Is the ff currently certified as DBE under the new regulations (49 CFR, Part 26)? Oyes o Type of work/services/materials provided by firm: i What were your firm's gross anmal receipts for last year? Less than $1 Million Less than $5 Mill ion Less than $1 D Million Less than $15 Million More than $15 Million This form can be duplicated if necessary to report all bidders' (DBEs' and non DBEs') information. Cyclic Se-wer, Phase 8 No. P.W. 01-10 -03 Portions of Buena Vista Avenue, GAPUB ORK'& ACYCLIC SEWER PHASE &DESIGMD0051,5PECS\SPEc EXKMrrS,DOC Pacific Avenue and Lincoln Avenue IMPORTANT INSTRUCTIONS 1. Any erasure or interlineation may invalidate bid. 2. If corporation is bidder, affix seal of corporation. 3. If bidder is: (a) An individual doing business under rus own name, sign his own name only. (b) An individual using a firm name, sign: Example, "John Igoe, an individual doing business as Blank Company." (c) A co- partnership, sign: Example, ''Blank Company, by Jolm Igoe, President" (or other title). 4. If a firm or co- partnership, give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation_; also name of president, secretary and treasurer thereof, 5. If a bid is seat by mail, write the word "Proposal" plainly on the envelope. Cyclic Sever, Phase S No. P.W. 01 -10 -03 Portions of Buena Vista Avenue, GAPUBWOR SCIP %CYCLIC SEWER PHASE MDESIGtaOOMSPEMSPECEXHMrrs.IDoc Pacific Avenue and Lincoln Avenue All bidders /proposers are required to provide the following information for all DBE and non -DBE contractors, who provided a proposal, bid, quote, or were contacted by the. proposed prime. This information is also required from the proposed prime contractor, and must be submitted with.the.ir bid/proposal. The City. of Alameda will use this information to maintain and update a Bidders'. Dist to assist in the overall annual goal setting process. LOL r Firm Name: f f Phone: Address: Fax.. r a Contact Person: o. of Fears m Business: Is the f irm currently certified as DBE under the new regulations (49 CFR Part 26)? O'Yes Ak4 o Type of work/services/materials provided by firm.: What were your firm's gross anmal receipts for last year? Less than .$1 billion Less.an $5 NEllion Less than i D Million Less than i billion More than $15 Million This form can be duplicated if necessary to report all bidders' (DBEs' and non DBEs') information. Cycle Sewer, Phase S Portims of Buena Vista Avenue, Pacific Avenue and Lincoln Avenue Igo, P, W. 01 o:TuBwoRKsCnCYCLIC SEINER PHAS &DESTGMDOCS1SPECSLSFEC E=rrs. CITY OF ALAMEDA BIDDERS' LIST All bidders /proposers are required to provide the following information far all DBE and .non -DBE contractors, who provided a proposal, bid, quote, or were contacted by the proposed. prime. This information is. also required from the proposed prime contractor, and must be submitted with their bid/proposal. The City of Alameda will use this information to maintain and update a Bidder§ List to .assist in the overall annual goal setting process. Firm Name: Phone. .Address: Fax: contact Person. No. of Years .in Business: 1s the firm currently certified as DBE under the new regulations (49 CFR Part 26)? ales ONo Type of work/services /materials provided by firm.: What were your firm's gross annual receipts for last year? Less than $1 N i.11ion Less than. $5. N illion Less than $10 Million Less than 15 Million More than $15 Million This form can be duplicated if necessary to report all bidders'. (DBEs' and non-DBEs') information. Cyclic Sewer, Phase S Igo. P.W. 01 -10-43 Portions of Buena Vista Avenue, G:�PURwQRKSIK CYCLIC SEWER PHASE SIDE5IGMDOCStSPEMSPEC_ E)UiMrrs.DOC PacifiC, Avenue and Lincoln Avenue