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HomeMy WebLinkAbout2011-015 ACH-8 Historic Repair and Rehab *( f a, PURCHASE ORDER HID nFYPiI 9tl� t Y -- PURCHASE � FOUNDED I;J 7MGF1A49RAtEp� ORDER 3 1913 19 78 -7 - = DATE vENt C3R NAME/ADDRESS SEND ALL INVOICES TO: Cog City of Atascadero iA Dv- osser 6,907 El Camino Rez _ tascadero, CA 934 r7 57 Attn:Accounts Paya IVV6a, (,' 34 Tt: UNIT DESCRIPTION PRICE � AC(; k a ..,C)! D 311_.i 0 Is �Y SHIP T Dept, 2-0 CITY OF ATASCADERO CADa CONTRACTFOR DIANI BIALDING CORPORATION for ACH-S HISTORIC REPAIR AND REHABILITATION HISTORIC CITY HALL PROJECT, BID NO, 2010-011 rj WCADCONTRACTOR SERVICES AGREEMENT F RT E CITY OF ATASCADERO DIANI BUILDING CORPORATION IO THIS CONTRACT is made and entered into between City of Atascadero ("City„), and Diani Building Corporation ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATICS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. City of Atascadero Diani Building Corporation B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents has satisfied itself by its own investigation and research regarding the conditions affecting th work to be done and labor and materials needed, and that its decision to execute this Contra( is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself full informed of, shall observe and comply with, and shall cause any and all persons, firms c corporations employed by it or under its control to observe and comply with, applicable federa state, county and municipal laws, ordinances, regulations, orders and decrees which in an manner affect those engaged or employed on the work described by this Contract or th materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage i unlawful employment discrimination. Such unlawful employment discrimination includes, but i not limited to, employment discrimination based upon a person's race, religious creed, color national origin, ancestry, physical handicap, medical condition, marital status, gende citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by Cit) and shall be undertaken and completed in a prompt and timely manner, in accordance with th Scope of Worts referenced in Exhibit A. Except as provided in Sections 0 and 10 below, thi Contract shall terminate no later than December 31, 2013, unless extended by the mutus agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit D attache) hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall nr be compensated for any services rendered in connection with its performance of this Contrac which are in addition to those set forth herein or listed in Exhibit A, unless such addition services are authorized in advance and in writing by the City Manager of the City or designe (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall b compensated for any additional services in the amounts and in the manner as agreed to b City and Contractor at the time City's express written authorization signed by the City ManagE is given to Contractor for the performance of said services. 1 I II City of Atascadcro Diani Building Corporation " 5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City may use any reasonable means to monitor performance and the Contractor shall comply with the City (Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. The obligations of the Surety on the Faithful Performance Bond shall survive the termination of this Contract. City of Atascadero ., Diani Building Corporation. 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of th services of Contractor to be performed hereunder. Such changes, including any increase c decrease in the amount of Contractor's compensation and/or changes in the schedule must b authorized in advance by both Parties in writing. Mutually agreed changes shall b incorporated in written amendments to this Contract. Any increase in the amount c Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized i advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agree that all materials prepared by the Contractor under this Contract are upon creation and shall bi at all times the exclusive property of the City, and the Contractor shall have no property rigl- therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of th+ materials prepared by the Contractor if used for purposes other than those expressly set fort in the Intended Use of Contractor's Products and Materials section of this Contract. Contractc shall not disseminate any information or reports gathered or created pursuant to this Contrac without the prior written approval of City including without limitation information or report required by government agencies to enable Contractor to perform its duties under this Contrac and as may be required under the California Public Records Act excepting therefrom as ma, be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, c upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such material! and property of the City as may have been prepared or accumulated to date by the Contracto in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, ha or shall acquire any interest, directly or indirectly, which would conflict in any manner with th( interests of City or which would in any way hinder Contractor's performance of services unde this Contract. Contractor further covenants that in the performance of this Contract, Contracto shall take reasonable care to ensure that no person having any such interest shall bi employed by it as an officer, employee, agent or subcontractor without the express writtei consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or th( appearance of any conflicts of interest with the interests of City in the performance of thi; Contract. Contractor agrees to include language similar to this Section 9(A) in all contract,, with subcontractors and agents for the work contemplated herein. I I I A City of Atascadero ._ IP Diani Building Corporation „r. 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior writter approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing pasty's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost anc expense. City of Ataseadero � Diani Building Corporation 12. COMPLIANCE WITH LAIN: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable loca state, and federal laws and regulations which may affect those employed by it or in any wa affect the performance of its services pursuant to this Contract. Contractor shall observe an comply with all applicable lags, ordinances, regulations and codes of federal, state and loci governments, and shall commit no trespass on any public or private property in performing an of the work authorized by this Contract. Contractor shall at all times hold a valid contractor' license if performing any function or activity for which a license is required pursuant to ChaptE 9 (commencing with section 7000) of Division 3 of the California Business and Profession Code, and Contractor shall provide a copy of the license(s) upon the request of the City. Thi City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. The Contractor is required to pay prevailing wages for thl work performed under this Agreement. The Contractor shall pay all penalties and wages a: required by applicable law. 13, SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prio written consent of the City Manager. Contractor shall be as fully responsible to the City for th+ negligent acts and omissions of .its contractors and subcontractors, and of persons eithe directly or indirectly employed by them, as it is for the negligent acts and omissions of person! directly employed by Contractor. 14. ASSIGNABILITY.- Contractor SSIGNABILITY:Contractor shall not assign or transfer any interest in this Contract whether b, assignment or notation. However, claims for money due or to become due Contractor from thf City under this Contract may be assigned to a financial institution, but only with prior writtew consent of the City Manager. Notice of any assignment or transfer whether voluntary o involuntary shall be furnished promptly to the City. The rights and benefits under thi,, agreement are for the sole and exclusive benefit of the City and this Contract shall not b( construed that any third party has an interest in the Contract. 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a marine which is consistent with the generally accepted standards of Contractor's profession and shat be liable for its own negligence and the negligent acts of its employees, agents, contractor: and subcontractors. The City shall have no right of control over the manner in which the wort is to be done but only as to its outcome, and shall not be charged with the responsibility o preventing risk to Contractor or its employees, agents, contractors or subcontractors. � � � �' � �. w � �! !.. � i ! 'F :'i ��.' : ! !._ � It�.. � !. � �:.. !�� � w ! � !i ii'. � !.. 1.� � �. ! _:r�. !' ! . � � s .', '! ! �- '! � � 1, r' ! s s, w ! ! ,�� !; � ! ! ,. !�. � ! .� !� w. ',,... w. ,. w s w � ! w! ! ' !' ! '.' : * ! 1.' w ! ! : � �!': -. s! � ! t wl i 1. !•• "! '! '! ! w ! ! w !' w ! • w� ! '! E'" !'� . '! !' s' ! . � 'i !'" w 1! ! ! .. !� � w:! City of Ataseadero � gam, Chani Building Corporation IT INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreemel insurance coverage as specified in Exhibit E attached to and part of this agreement. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor cost,, material expenses, parcels abated or serviced and other such information required by City the relates to the performance of services under this Contract. Contractor shall maintain adequat records of services provided in sufficient detail to permit an evaluation of services. All suc records shall be maintained in accordance with generally accepted accounting principles an shall be clearly identified and readily accessible and in a form acceptable to the City, which th City may specify and change from time to time. Contractor shall provide free access to th representatives of City or its designees, at reasonable times, to such books and records, sha give City the right to examine and audit said books and records, shall permit City to mak transcripts therefrom as necessary, and shall allow inspection of all work, data, document: proceedings, and activities related to this Contract. Such records, together with supportin documents, shall be maintained for a period of three (3) years after final project close or (estimated to be 2017). Contractor shall contact the City prior to destruction of records. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has a NO NDISCRIMiNATION NCNPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the pantie shall not discriminate or grant preferential treatment on the basis of race, sex, color, agE religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fulle- extent allowed by law, with all applicable local, state, and federal lavas relating t nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply wit all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1131 et seq.; as amended; and in connection therewith, shall not employ unauthorized aliens as define, therein. Should Contractor so employ such unauthorized aliens for the performance of wor and/or services covered by this contract, and should the Federal Government impos, sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees tc and shall, reimburse City for the cost of all such sanctions imposed, together with any and a costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAVH. The City and Contractor understand and agree that the laws c the State of California shall govern the rights, obligations, duties, and liabilities of the parties ti this Contract and also govern the interpretation of this Contract. Any litigation concerning thi Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdictioi being expressly waived. I I J City of Atascadero . Diani Building Corporation D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. L SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. City of Atascadero Diani Building Corporation M . J. NOTICES. All invoices, payments, notices, demands, requests, comments, c approvals that are required to be given by one party to the other under this Contract shall b in writing and shall be deemed to have been given if delivered personally or enclosed in properly addressed envelope and deposited in a United States Post Office for delivery b registered or certified mail addressed to the parties (deemed to have been received three (a business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero Director of Administrative Services 0907 EI Camino Real Atascadero, CA 93422 Contractor: Diani Building Corporation P.O. Box 5757 351 North Blosser Santa Maria, CA 93450 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf c Contractor warrant and represent that they have the authority to execute this Contract of behalf of their Company and further warrant and represent that they have the authority to bin, Contractor to the performance of its obligations hereunder. AGREED to this � day of-..,.��.r � ._. , 2011 by the parties as follows, Approved as to form: DIANI BUILDING CORPORATION By: Counsel To r actor _ Michdel J. Diani reA t Approved as to form: ... CITY OF ATASCAE O By: Brian Pierik Wade MclCwnney City Attorney City Manager CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR Michael J. Diani, Oresident Diani Building Corporation CONTRACTOR ACKNOWLEDGEMENT OF LABORCODE REQUIREMENTS Contractor acknowledges that under California labor code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to city the sum of $25.00 for each worker employed in the execution of this contract by contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of labor code section 1810. (labor code § 1818.) Copies of the determination of the director of the department of industrial relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to, execute this contract will be on file in, and available at, the office of the director at 6007 el Camino real, Atascadero, ca. Wage determinations are also available online at www.dir.ca.gov/dlsr/pwd/southern.htmi. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the contract, a copy of the determination by the director of the department of industrial relations of the specified prevailing rate of per diem wages. (Labor code § 1773.2.) Contractor, and any subcontractor engaged by contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor code § 1774.) Contractor is responsible for compliance with labor code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of labor code section 1775. Under section 1775, contractor may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the contract by contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this contract prevents contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. Contractor is responsible for compliance with labor code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.6), must contribute to the fund or funds in each craft or trade or a like amount to the California apprenticeship council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in labor code sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Contractor Michael .1_ Dinnf PrP.gHAnt EXHIBIT A Scope of Work All work performed shall comply with the architectural and engineering plans and specifications instructions and addendums No. I through 8, per bid package ACH-8 Historic Repair and Rehabilitation, Historic City all Project, City Bid No. 2010-011, hereby incorporated by reference. The ACH-8 Historic Repair and Rehabilitation Historic City Hall project includes but is not limited to complete historic building rehabilitation with distinctive areas of restoration in accordance with the Secretary of Interior's Standards including but not limited to hazardous materials abatement, selective building demolition, shotcrete installation, masonry repair, interior and exterior finishes as required per project drawings and specifications, Packages 1, 2 & 3. Per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of 505 working days after the Notice to Proceed has been issued. The substantial completion date for ACH-8 is April 1, 2013. A building is substantially complete when all finishes and systems (mechanical, plumbing, electrical, fire alarm, fire sprinklers, elevator, etc.) are installed, approved for occupancy by the City and State (elevator) for its intended use. When the date for substantial completion is approved, a certificate of substantial completion will be prepared, which establishes that the building is ready for occupancy and defines the interim responsibilities of the owner and the contractor for the provision for heat, maintenance, security and for possible damage and insurance. A time for completing any uncompleted items of final system adjustments or testing (punch list) will be determined. The owner may begin moving into the building at the time of substantial completion, setting up any owner furnishings, fixtures, equipment and systems which the owner is supplying. All punch lists, remaining equipment commissioning and trainings shall be complete 6110/13. Liquidated Damages for BP-ACH-8 will be based on reasonable actual documented costs of engineering, inspection, superintendence, and other overhead expenses which accrue for each day beyond the prescribed contract completion date. Services provided as described in the specifications ACH-8 Historic City Hall Repair and Rehabilitation, City Bid No. 2010-011, as Awarded by Atascadero City Council to be the Base Bid of $10,099,669.00 and Alternates 1, 2, 3, 4, 5-option A, 9,10, 12 and 14 totaling $465,000.00, not to exceed the total contract price of $10,564,669.00, as detailed in -the attached Schedule of Values. Wn ' Base Bid $10,099,669.00 Accepted Alternates `Alternate#1 ADA Ramp 1) Deduct pricing to delete ADA Ramp-north side ($25,000 00)' _-_._._.__._.____._.-_- __ __ ___.___ _ _ _ 2) Add pricing to install ADA Ramp-south side $37,000.00 I Alternate#2 Reopening Lower Rotunda Overlooks $43,000.00 `Alternate#3 Lightboxes at Lower Rotunda 3r�' Floor Luminaries $20,000 00 _I..._. .. . _ ._._. . _..__ _.__. _.. ,Alternate#4 Decorative Painting of Lower Rotunda Dome $73,000.00 ;Alternate#5 Acoustic Treatment of Lower Rotunda Dome ------ .__. __? Option A„Stretch Fabric $5,000.00 Alternate#9 Upper Rotunda Skyhht Licht Box_ _ _ $2000.00. Alternate# 10 Additional Cove Lighting at Upper Rotunda Alternate#12 Exterior Deferred Maintenance I 1) Terra Cotta Anchoring $13,000.00 2) Repointing, Repainting, Repairing, Cleaning Terra 1 Cotta Cast Concrete $274,000.00 I _ Alternate#14 Enhanced Lighting Plan-Entire Building $19,000.00 Total Base Bid with All Accepted Alternates $10,564,669.00 I 9i Diani Construction Subcontractor Lis DESIGNATED SUBCONTRACTOR INFORMATION SHEET BID NO. 2010-011 The Contractor shall set forth the following informa`�o on the "D i�r,�t�d u contractor Information Sheet,"the name and location of the place of business, telephone and email address, license number and classification of each subcontractor who will perform work or labor or render service to the undersigned in or about the construction of the work to be performed. That portion of the work which will be done by such subcontractor for each subcontract shall be listed by individual item number, percent of item, dollar amount of item and brief description. The contractor's attention is directed to Section -1.1�, "Lisfinr of Subcontractors,"of these Special Provisions, 1) Chanel Coast Corporatt ion Name 123 Santa Barbara St - Address Santa. Barbara, C 93101 City, State,Zip (805) 966-6690 Phone Number .-Joe@channelcoastcorp.com Email address 776027 B, {C33, C21, & ASF License t�Ius�€aer ar�d Dlassi�cations C l t l5559, 065 00 � Item No percent of item Dollar Asmunt Abatement, Wood Restoration & Rehabilitation, Decorative Finish Coatjurg, l t' L39 R Ez�S C F S - f +..3 Y Description of Above Item Item No percent of Item foliar Amount Description of Abov Iterr� (2) Eagle Shj tcretre Name 3020 Palmdale 131yd. #D413 Address Palmdale C,4 93550 City, State,Zip (661) 947-2390 Phone Dumber W eagles€ot:crete2raol .cc€ Duni Construction Subcontractor U Email address 1. 773925 C8 License Number and ttlsific<tgns. Item No Percent f Item DDR r AmOUn escription of Above Item f t Item No percent of It-em Dollar Amount --- .� TSP Nares 44-55 Fact Airp )rt Drive Ontar-Jo CA 948771 ZW1 1 ��,.��.. - - _...,..e....._.____-_.,._.. ...�,,,......_ .,-..-�.e...,.,_.,..._, ip (909) 390-7030 h—or3 um,bec ail address 9487-911 Vii. Fz DI-2-1 License Number n€tlssifictons t. 4t,r 4 f 131 P' pT 1- 00 Item No Porcent of Item Dollar,Amount . Elxternai.ly Boxi,,led Fibs &`'rr (FRP) S- ystem 4 Description of Above Item Item No F erce t of Item Dollar Amount: Description of br = Item NOTE.- This fLwm MaY be repri:�duced and aff-I;. to ,rlhillel thin mage to list more,swaeo:tractors. h:! .III .II1 I I Diani Construction Subcontractor Lisi DESIGNATED ATE CON CTOR INFORMATION SHEET B311) NO. - ` the Contractor stall set forth the following inform, tion on the 'Designated SuLuzont=ractor Information Sheet,"tj-,e name and location of the place of business, t.e phone and entail address, license number and classification of each subcontractor -io will 3erforni Vvork, or labor or rerwer service to the undersigned in or about the construction of the wor to be perk me . 'rPat jxxtion of the work which will be done by such subcontractor for each subcontract shall be listed by individual Jem �?ljrnher, percent of iter, dollar #7lour�t of item and brief Provii ions.. -1-he , . tractors attenWn is directed. to Section 6-1.11, "Usfing of Subcontractors," these Special '�'o�li�FC'#�a. arim -,.,. .__.. . 600 Vellice Blvd. Address mm Los Angeles, rY'A. 90034 City,State,Zip _^sp (31-0) 558-8003 Phone Numb if EmaH address 9573G9 D, License. Num&zranti Classificafiops Item No percent of Redd: Collar ArnourA 3.. "tet fs.�.,., w A�-. — a3 rr _a ea r,�. Description of Above Re Item No . Percent of item Dollar Amount Descri.ptionot Above!teal Name - Address city, state,dip "__..�. .�___..._ ..�........�..._____.-_, -�.-._.... (805) 544-27:518 Phone Number Diani Construction Subcontractor Li mall address X15- ,"7 C 6 Li ens umber and Classifications se,416 820 - 00, Items No -"e cen*% of Item Dollar Amount -Des ri tion of Above Items �.iaa __- Itern No Percent of Item roller AmountDescription of Above _ ­_-_ Name 520 Both a"'hir, St .. Address Eattersc)n, CA 95363 Citi+, Staten Zig (209) x;92-3386 Phone Number Emil dress 16154 C39, B & (243 License Nam r and Cfeassjficatjops Item No Percent of Item Dollar Amo rst ay `file w O-:!- q JUi t Roofing . Description of,above Item m Item No Percent of Itern 6o—fla€- €.fit jt IesOti ; of ove 1tjss-1 _ i II Diani Construction Subcontractor List DESIGNATED SUBCONTRACTOR INFORMATION SHEET BID NO. 2010-011 The Contractor 'poll set forth the following information on the"Diesignated Subcontractor Information Sheet," tht name and bcAtion of the place of businew telephone and erna t address, license number and dassificatton c each sobconfraf,-tor who will perform work or labor or render sepoce to the Undersigned in or about t construction of the woric to be performedThqt portion of Me work which will be atone by such subcontractor to each subcontract shall be listed by indt;ti ua€ item number, per€;enof item, dollar amount of item and 6ri description. The contractors attention is directed to Section -1:11,'Listing of Subcontractors," of Hiese S ectz Prov=isions. 4f ":3a,�,�t1�.#: ,ruin., o C:a ii_i X3nq- sl l ee Metal Name Inc. . 300 1Zckr Lb G Street Address _•_ Lt3MPO , CA 93436 city,state,zip _ {805' 736-5160 Phone Number �3738011 i"naili{{t -faddress 38 V.�.1 JR, C20r C36 C-43 License Number bind Classifications Item No Percent of Item Dol Ur r' murrnt Description of Above Item _- Item No Percent of Item Dol ar:A Count escripbon4 cif Above ftern `)) Cell-Crete COr ora .oxi came, m 1,35 F. Railroad iN­ve Address monro- a is CA 9103.6 03.6 (6216) 357-3500 Whore Number aiani Construction Subcontractor LiE Email address 243,404 CRI c2l, C15 & C-35 License Number andd Ciassifcabons r Item No Percent of Item Dollar Am.0-Unt s pl.ed Firepr n-.=ing Description of Above Item Item No Percent of Item Dollar Amount t escript€ori of Above Item tt:asc;:dc,,t:,o Class Name . 8730 El. Zamino- Rc--al Atascad'ero, CA 93422 City, state, zip 080 466-2644. Email address 453652 CI 7 &. P t_:cense Iurr and classifcatiori `., 4 X4141 .230 � Item oto F3ercent.of Item Dollar AITMInt. % d GI'��"�',3x F:l..eh'iFi�.. `� 4?: S€,_�:�',.. win lows-.? . � A,f��'Y',�S^"^. Description of .aeve ttes _- m Item No Percent of Item Dollar Amount Description oft.Above Items Diani Construction Subcontractor List DESIGNATED SUBCONTRACTOR INFORMATION SHEET BID NO. 2010-011 Tile Contractor shail set forth the fonoyArq infor,, -.,atiollon 'ithe"Designated Subcontrrictor Informat,onSheet," the naMe and location of the place of business. k-4lePhone and email address, license number and classification of each subcolitractor vvho will Perform wom" or labor cm render seri ire to the undersigned in or about the construction of the Aivork to be perfarmed. 'mat portion of the work vvfich will be done by such. subcontractor ior each subcontract shall be listed by individual tfP.M Mimber, percerit ()f item, d0flar aralount of item and brief description- The Contractor's attention is directed to Section Provis iorls- 64,11, "Listing of'SubcontractGrz," of these Special P e r i--qq n c Name 41 o Va chr--,%.! I irtane. Address Saii Luis CA 9-3,401 City, State, Zip (80 5) 5541-4750 Phone Number Eniaii a ress 759246� & License Number and Classifications Item No Percent of item Dollar Anioullt & Gypsn(ft Vljl:sm,�r, Gypsum pla,�ter Repair, eirnament.-A, riaa -ration SOMId AJbscm��Jrlg Acotts;t.Acal Fini-sh Tys7tcm Portland C�l Desrription of Above Item item No Percent of Item Dollar Amou!.It Description of Abo—veltern (2) `Vrl Dry�-�aEL Me'ta- --, Framirt,,-J, Tvic. Name 873 Calimex place Add:js-s--- I Kllrponio, CIA 93444 City,State,Zip (805) 929-G513 Phone NuTn—beF— i2ti Diani Construction Subcontractor U, Email address 937206 C9 & C2 Ucknse Number and Cjasst,O ft rr. No Percent of Item Dollar Amount I? 3UH1 Board, Gypsum Shut', She -ingAo-ousti.caj Ceiling.- Barrier Desc,-Ofi6r)—OfAbo�e-—Item— Item No Percent of Item —Doliar A—mount Description of Above Item QLS2C—Lifornia Granite Name slurdba. CD,11-ftrida Clrnite r!l oorivig 2 399 1,.Tl .... a Address I L Escondido CA 92026 Qty. statei zip (716W 522-2036 Phonint er calf 1c10-rin21ftbCqjcba1 net Email address 89389-1. C 5 4 License Number and Classffict—j(;n—s - 19, Item No Percent of Item Dollar A—mount Ti 1-1117101 Desciiption of Above L Item No Diani Construction Subcontractor Rist DESIGNATED SUBCONTRACTOR INFORMATION SHEET BID NO. 2010-011 The Contractor shall set forth the foil it Mcg Information on the "Designated subcontractor informationsheet-the rwarne and location of the place of business, tetephole aril email address, iicense number and classification W, each subcontractor ho vvill perform work or labor of render service 1.0 the undersigned in o, about the construction of the work to be performed. That portion of the work which wig be done by such subcontractor for each subcontract Shall be listed by individuai item r unser, percent of item, dollar amount of iters and brief description. The contractor's allention is directed to Section 6-1.11, *listing of ubcontrartors," of these Special Provisions, Cii-.der eller Showcase Ya CiAid ra jj a C,j'pet- One F�,00r and Hum Name 3510 Br<,,ad St Address CA 93401 City, State, Zi Zip (80r," Phone Number Email address 11 3942'70 C15, C54 & D52 License plumber arra-a C asci tbons t _ , 500 .00t Item No Percent.of Item Dollar Ani ant Description of Above tern _ Item No Percent of#torr: Dollar.AnIeunt Descriptions of Above item Name �921 E. La: Palma. Ave Address Crty tte,dip t e pi 632---83773 Phone Number umber Duni Construction Subcontractor U., Email address 4 347 o & D52, License I'` m r and Classifications l t 4 , 01 � Item No Percent of Item holler m t FabTic [ ^^ y Descfip on of Above Item Item No Percent of Item Dollar: r o nd Dsetiption of Above Item Name ... Address City, state. Zig .... r, M�l�ort �r �br License Number and Classifications Item leo lour rr ount Descripfion of Above Item 39tem No Percent€f Iter Dollar Amount Description.Descripfion.of Above Item `� EXHIBIT Compensation and Method of Payment Services provided as described in the specifications for the ACH-3 Historic Repair and Rehabilitation, Historic City Hall Project, Bid No 2010-011, not to exceed the total contract price of $10,564,669.06, as detailed (or defined) in the Schedule of Values, as Awarded by 1:he Atascadero City Council. Any additional services not included in the scope of services must be approved by a City of Atascadero Change Order prior to performing any additional work. All additional work authorized by a City of Atascadero Change Order will be compensated at the same unit cost for the defined services as determined on the bidder's Schedule of Values. Payment will be made within 30 days after receipt and approval of invoice. No invoice will be approved without receipt and approval of certified payroll records Payments to the contractor in excess of the contract amount of $10,564,669.00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. .Final Payment AA 10% retention will be held for thirty-five days after the Notice of Completion is filed with the County of San Luis Obispo. The retention will be released upon the City of Atascadero's final approval and the satisfactory completion of the project. Contractor agrees that the payment of the final amount due under the Contract is contingent upon Contractor furnishing a release of all claims against the City 'arising by virtue of this contract. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release. 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LCO a C LL U. — _-.. EXHIBIT C Items Provided by City City will provide the following electric power source and be responsible for payment thereof.- 1. HEAVY DUTY: 400 amp, 3 phase temporary service, Contractor to have access to temporary power panel to provide at its own expense individual power connection as required. General lighting will be provided by the City but specific task lighting must be provided by the Contractor. City will provide a source of water to the site, but the Contractor is responsible to provide all temporary water distribution required for the Contractor's work. City will install and maintain throughout the construction work chemical toilet facilities for the use of all workmen on the job. If the Contractor requires an on site temporary office, the City will provide a limited amount of office space for the Contractor in a portion of the Construction Manager's office complex. Any phone or internet service will be the responsibility of the Contractor. Permit fees will be paid by the City of Atascadero. Any special permits required to perform this scope of work, such as deferred permits, Cal OSHA Activity Permits, AQMD Permits and all other governing jurisdictions that required permits or approvals for the execution of Contractor's scope of work shall be applied for and paid by the Contractor. EXHIBIT D Location Schedule aOUR. NP, N. ............. Y � � gg, f Y t C R glIU a rpt .> t,, s Historic t cadero City dell 6500 Palma Avenue tcder , California 9314:22 EXHIBIT E INSURANCE REOUIREMENTS 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 and the results of that work- by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insitranee Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code I (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Jlfinimtim Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles crud Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 611ter Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the followin provisions: L The City, its officers, officials, employees and. volunteers are to be covered as insureds wit respect to liability arising out of automobiles owned, ]eased, hired or borrowed on behalf of th contractor*, and with respect toliability arising out of Nvork- or operations performed by on o behalf of the Contractor including materials, parts or equipment furnished in connection wit such work or operations. General liability coverage can be provided in the form of a endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be prinlar insurance as respects the City, its officers, officials, employees and. volunteers. Any insuraric or self-insurance maintained by the City, its officers, officials, employees or volunteers shall b excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall ric be canceled by either party, except after thirty (3)0) days' prior written notice by certified mal return receipt requested, has been given to the City. 4. Coverage shall not extend to any inden-linity coverage for the active negligence of th additional insured in any case where an agreement to indemnify the additional insured woul be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL 11'Qrifllcation of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effectin, coverage required by this clause. The endorsements should be oil fon-ns provided by the City or oi other than the City's forms, provided those endorsements or policies conform to the requirements. Al certificates and endorsements are to be received and approved by the City before work commences. Th City reserves the right to require complete, certified copies of all required insurance policies, includin, endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separat, certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subjec to all of the requirements stated herein. EXUIBITF Federal Certifications and Assurances Certification and Assurance: The subgrantee or contractor executing this certification hereby assures and certifies that it will comply with all of the applicable reqUireillelItS of the followltig, as the Same- may be arriended from tirrie to tinge, inciLiding adding appropriate provisions toall contracts between Grantee and for-profit Subgrantees or Contractors,- (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as nlay be appropriate, (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee Of SUbgrantee including the manner day which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (3) Compliance with Executive Order '11246 of Sapitember 24, 196-5, entitled "Equal Ernployrnent Opportunity.' as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded ill excess of$10,000 by grantees and their contractors- of subgrantees) (4) Cmnpliance with the Copeland 'Anti-Kickback" Act (18 U.S.G- 874" as supplemented in I Department of Labor regulations (29 CFR tract 3)-. (All contracts and subgrants for construction or repair" 1 (5) Compliance - This project is NOT subject to Davis Bacon Act requirements — State of California prevailing thrage determinations and labor regulations apph (6) on with (.3ecfio 1 ,Its 103 and 107 of the Conti'act Work Hours and Safety Standards Act (40 U,S, .C. 327-3'30) as supplemented by Depart-Men! of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) .If (7) Notice of awarding agency requirements and regulations pertaining to reporting- (8) Notice of awarding agency requirements and fegUlations pet-taining to patent riglits with resl.-iect to any discovery or invention which arises or is developed in the course of or tinder such contract, �9'1 Aiivarding agency requiren-pe tits and regulations pertaining to copyrights and rights in data. ALISceklero flj,;C(,)0c CitV i1all -IU;31 Part V, proimt Mal BPACH,3 ffiiaoric flepaif GO/Bid Mo2010-011 (10) Access by the grantee, the subgrantee, the Federal grail , agency, t Mpt tor C , he Co roller General of the Uniteti States, or any of their duly authorized representatives to any books, documents, papers, and recotds Of tile coritractor which are directly pertinent, to that sPecific contract for the purpos4� of ma-king at�,OL examination, 0XCC-rPts,, and transctiptions. (1`l) Retention of all required records for three years after exantees or subgrantees make final payments and -all other pending Matters are closed. " ('12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U,S-G- 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368),, Executive Order -1-1738, and En'viroiirnental Protection Agency. regulations (40 CFR part 15 - (Contracts, subcontract-s, and subgrants of arnounts in excess of $100.000) (13) klandatonf standards and policies relating to energy efficiency w1lich are contained in the, state energy conservation plan isstfid in Compliance witil the Energy Policy and Conservation Act (Pub- L. 94-16-ar 89 Stat_ 871) The information contained in. this ceqificaton is true and accurate, to the best of my knowledge. I Narne Of SUbgraritee or Contractol- ....... o--'n--t'r--a-'c-'t-—Nu,m 6-er:—----- f 'V-ezL MIA Get hf, Ying Title,. Date- 4-7-1-1. GAJARNING: Section 1001 of the Title 18 Of the United Statoa Code ((;riminal Code and Crinlinal Procedure, 72 Stat,%7) applies to this (,-e .rtirl.catiOn. 18 US-C, 1001. aniong other things, Provides that whoever knoviingly and willfully Imkes or uses a document of writing knOwilng tile same to contain any false- fictitiOtis or fear. dulent Statement Or entry, in any matter within jurisdiction of any department of agency of the United States, shall be fined no more than $10,000 Of WIPrisoned for not more tha 0 five years, or both. Ansr-aderc,Hiqoi-it-CitV 1,7111 prq 23 . BP-ACH-,9 MsEoric Repair Rehabilitation rvianua'�—part.B City 914 No.20 10-011.