HomeMy WebLinkAboutPW Asbestos Mold Remediation at BoydCity of San Rafael ♦ California
Form of Contract Agreement for Informal Bids
DWH CREATIVE CONTRACTING, INC.
This Agreement is made and entered into this 16 day of 2017 by and between the City of San Rafael
(hereinafter called City) and DHW Creative Contracting, Inc. (hereinafter called Contractor). Witnesseth, that the City and the
Contractor, for the considerations hereinafter named, agree as follows:
1. Scope of the Work.
The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the
project entitled "DWH CREATIVE CONTRACTING, INC." all in accordance with Contractor's bid dated March 10, 2017,
attached hereto as Exhibit A, and incorporated herein by reference. In the event of any conflicts between terms of this
Agreement and the terms of Exhibit A, the terms of this Agreement shall govern.
2. Prevailing Wages.
Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the
general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute
the contract, shall be followed.
3. Time of Completion.
(a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the
date of written notice by the City to the Contractor to proceed, after lead time as set forth in Contractor's bid
attached hereto.
(b) All work, including punchlist items, shall be completed within 10 WORKING DAYS, and with such reasonable
extensions of time as may be requested by Contractor and approved by City.
4. Liquidated Damages.
It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set
forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is
therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every working day's delay in finishing
the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages
herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become
due the Contractor under the contract.
5. The Contract Sum.
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each
of the untis for work in the following scheduled completed at the unit price stated. The number of units contained in this
schedule is approximately only, and the final payment shall be made for the actual number of units that are incorporated in or
made necessary by the work covered by the Contract.
BID ITEMS
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
1. Electrical Room, Kitchenn and Storage Room 1 LS @ $14,100.00 $14,100.00
2.. Lead Scope of Work 1 LS a $13,560.00 $13,560.00
GRAND TOTAL BID $27.660.00
6. Progress Payments.
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate
covering the total quantities under each item of work that have been completed from the start of the job up to and
including the 25th day of the preceding month, and the value of the work so completed determined in accordance
Agreement • 1
J _I - InoInr 'C 17 -22
with the schedule of unit prices for such items together with such supporting evidence as may be required by the City
and/or Contractor.
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay
to the Contractor 950 o of the amount of the estimate as approved by the Public Works Department.
(c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of
any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency
in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the
Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be
final.
7. Acceptance and Final Payment.
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5
days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully
performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by
this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire
balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible,
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City
guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those
arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment;
(3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims
by the Contractor, except those previously made and still unsettled.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
8. Insurance.
(a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following
insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000)
per occurrence two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property
damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of
one million dollars ($1,000,000) dollars per occurrence.
3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the
State of California, with statutory limits, and employer's liability insurance with limits of no less than one
million dollars ($1,000,000) per accident for bodily injury or disease. Contractor's worker's compensation
insurance shall be specifically endorsed to waive any right of subrogation against the City.
(b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section
above shall also meet the following requirements:
1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and
volunteers, as additionally named insureds under the policies.
2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any
insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for
any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as
broad as ISO form CG20 0104 13.
Agreement • 2
3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and
personal injury.
4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel,
terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days
written notice to City.
5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said
insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of
this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella
or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it
as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other
additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum
coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured; whichever is greater.
(c ) Deductibles and SIR'S. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared
to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention
(SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City
or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be
reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
(d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the
insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page
listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific
endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a
full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not
constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City.
9. Indemnifcation.
(a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City,
and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from
and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to
attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of
Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's
obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful
misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the
City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or
approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not
relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to
any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under
this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City
Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.
Agreement • 3
(b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any
way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
10. Nondiscrimination.
Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national
origin or disability in connection with or related to the performance of its duties and obligations under this Agreement.
11. Compliance with All Laws.
Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the
performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless
City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
12. No Third Party Beneficiaries.
City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by
one party, under the terms and conditions of this Agreement, to the other party.
13. Notices.
All notices and other communications required or permitted to be given under this Agreement, including any notice of change of
address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
To City: Public Works Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
To Contractor: Cesar Salinas Donnie or Lelie Howell
DWH Creative Contracting, Inc..
750 National Ct.
Richmond, CA 94804
14. Independent Contractor.
For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity
of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of
Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City.
15. Entire Agreement; Amendments.
(a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by
reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.
(b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter
between the Contractor and the City.
(c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid
or binding, except by way of a written amendment to this Agreement.
(d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this
Agreement signed by the Contractor and the City.
(e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached
exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.
Agreement • 4
16. Waivers.
The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance,
law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of
any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or owing under this
Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition,
covenant of this Agreement or any applicable law, ordinance or regulation.
17. City Business License; Other Taxes.
Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael
Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required
to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue
Service Form W-9 (Request for Taxpayer Identification Number and Certification).
18. Warranty.
(a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary
wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all
supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a
part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a
period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or
material, together with any other work or material that may be displaced or damaged in so doing, that may prove
defective in workmanship or material within this one year warranty period without expense or charge of any nature
whatsoever to City.
(b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after
being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair
of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding
anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing
warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or
any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay
to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or
property shall be deemed to include both temporary and permanent repairs that may be required as determined in the
sole discretion and judgment of City.
(c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other
product warranties to the City, prior to completion and final acceptance of the work by City.
Agreement • 5
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the
day and year first written above.
CITY OF SAN RAFAEL:
An Schurz' 1
City Manager
ATTEST:
Esther C. Beime
City Clerk
APPROVED AS TO FORM:
Robert F. Epstein
City Attorney
File No.: 16.16.15
DHW Creative Cont tin , %.
By:
Printed ane:
Title: f7s,o�(ti�
Agreement • 6
CREATIVE CONTRACTING
March 10, 2017, 2017
City of san Rafael.
111 Morphew Street
San Rafael, CA
RE: Boyd Hose
750 National Ct, Richmond, Ca 94804
1-888-304-DWH1
www.dwhcreativecontracting.com
License #985951
Dear Mrs. Cindy Ray
DWH Creative Contracting Inc. (DWH) is pleased to submit this proposal of $27.660.00 for the Abatement project located
at 1225 B St. San Rafael, CA. Our pricing has been broken out below for each task. All pricing is based on site visit and
survey report provided by EMSL Analytical dated 3/7/2017.
Asbestos/Mold Remediation Scope of Work: $14,100.00
Provide legal containments and PPE for Removal and disposal of all materials handled by DWH, temporary power and
water is to be supplied for our use.
Electrical Room, Kitchen and Storage Room
• Remove mold impacted drywall on electrical room ceiling. Drywall is assumed to be ACM
• Remove wainscoting on kitchen area, demo mold impacted plaster and perform mold remediation. Plaster contains
Lead base paint
• Remove and save millwork in storage room next to kitchen area, then demo mold impacted plaster and perform
mold remediation
• A disinfectant will be applied to open wall cavity, manual abrasion methods will be used to clean all exposed
surfaces
• Once work is completed area will be placed in scrub mode for 12 hours prior to any testing from third party. Area
should be stagnated for a minimum 2 hours priorto testing.
• Once containments are cleared tear -down will take place.
Lead Scope of Work: $13,560.00
DWH will use hand tools only while scraping loose and peeling paint from appointed substrate finishes.
• Demarcate and post work area. Install lead signs, caution tape, and lead decontamination station
• Perform paint stabilization of loose/peeling paint and wall cracks in all rooms
• Work areas to be detailed cleaned with HEPA vacuums and wet wipe methods
Clean and prepare all window sills, floors and surfaces to pass clearance
Prepare scrapped off areas to be patched and painted by others
Note #1: There has been no pricing included for consultant work, perimeter air sampling, visual inspections or final air
monitoring, etc.
Note #2: Price included manifest, waste characterization and proper disposal.
Exhibit A
General Contractor or Owner is to provide much needed street and noise permits to insure the project will stay on
schedule without shut downs or fines. A space for a dumpster or truck must be provided during each working shift within
100' of exit door of project site. Price subject to change if this can't be provided.
Estimated Schedule: 5 to 6 week days M -F
Project Specific Exclusions
Any Hot Work
M.E.P. Safe off, cutting or capping
Temporary Power
Street noise or sidewalks permits
Any Roof Work
Concrete work
No weekends, overtime or holidays are included. (Night work is not overtime)
Standard Exclusions
Unless these items are listed in scope of work above DWH will not be performing or providing permits, utility safe off,
cutting or capping utilities, layout, engineering, shoring, pedestrian barricades, safety railings, preparation of surfaces, or
any work with hazardous materials. Temporary power and restrooms are to be supplied for our use at no cost to DWH.
This document is also a contract and will include the following qualifications
1. Price is based on up to 3 move -ins. Additional move -ins will be charged $800.00 each
Our Commitment to you
DWH Creative Contracting Inc. will perform our work in a professional like manor and will be diligent in maintaining a clean
and safe working environment. Any changes in the scope of work or additional request for additional work or unforeseen
conditions that could qualify as additional cost will be performed only by written and approved agreements such as work
orders and will be billed as an additional charge to the original contract amount. All agreements are contingent upon
strikes, accidents, acts of nature or god or delays that are beyond our control.
We thank you for this opportunity and please feel free to contact me at 925-808-5691 should you have any questions or
concerns.
Sincerely, Accepted by
Cesar A. Salinas
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Department of Public Works
Project Manager: Cindy Ray
Extension: x5326
Project Name: Asbestos/Mold Remediation — Boyd House
Contractor Name: DWH Creative Contracting, Inc.
Contractor's Contact: Cesar Salinas
Contact's Email: csalinas@dwhremoval.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor 3/10/2017
® CR
b. Email contract (in Word) & attachments to City 3/10/2017
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement 3/13/2017 X LAG
and return to Project Manager
b. Confirm insurance requirements, create Job on 3/13/2017 Z LAG
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to 3/13/2017 ❑ CR
contractor for their signature
4 Project Manager When necessary, * contractor -sinned agreement ® N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or Or ❑ CR
Public Works Contract > $125,000
Date of Council approval Click here to
enter a date.
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 03/21/2017 ❑ CR
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signedQ (�
agreement -3/Z-711-7 N�
7 City Attorney Review and approve insurance in PINS, and bonds Q (�
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official Z
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager 3 • ;1-4I . /I r
X14