Cities Index.
3. Master Agreement - Silverado Contractors, Inc.

Anaheim City Council
August 13, 2024

Document
3. Master Agreement - Silverado Contractors, Inc.
Meeting
August 13, 2024
Body
Anaheim City Council
Original file
13.0 MB
Text extracted from the city's file for reading and search. Open the original on local.anaheim.net. That file is the official record.

PART II-AUTHORI TY
A. Documents. AUTHORITY will, upon request, make available to CONTRACTOR original or copies of existing drawings, maps, and other existing information relevant to the Work to be performed as may be readily availab le to AUTHORITY.

B. Representative of AUTHORITY. The Executive Director of the Anaheim Housing Authority or his/her designee shall represent AUTHORITY in all matters pertaining to such Work to be performed under this Master Agreement including without limitation, termination of this Master Agreement and giving any notices required under this Master Agreement on behalf of AUTHORITY. CONTRACTOR shall, in the performance of this Master Agreement for such Work, consult with the Execut ive Director of the Anaheim H ousing Author ity or his/her designee and other AUTHORITY employees as the Executive Dir ector of the Anahe im Housing Authori ty or his/her designee may direct.

CONTRACTOR shall, in the perfom1ance of this Master Agreement for such Work, consult with the Executive Director of the Anaheim Housing Authority or his/her designee and other AUTHORITY employees as the Executive Director of the Anaheim Housing Authority or his/her designee may direct.

C. Inspection. AUTHORITY may, at any time and from time to time, inspect the Work prior to its completion to see that the Work is or has been performed in accordance with the Work Order Package. Such inspections will be conducted at reasonable times.

Notwithstanding the above, AUTHORITY may inspect the Work at any time if the Executive Director of the Anaheim Ho using Authority, as applicable, or his/her designee, determines, in his/her sole discretion, that it is necessary for health and safety reasons. Any such inspection shall not waive AUTHORITY's right to reject the Work at a later time, and shall not relieve CONTRACTOR from its obligation to complete the Work in accordance with the specific Work Order Package.
5 A.

1. PART III - TERMS OF AGREEMENT
Term of Agreement.

The term of this Master Agreement shall be for a period of two (2) years commencing on the Effective Date ("Initial Term"). The Executive Director of the Anaheim Housing Authority or his/her designee is hereby authorized to extend the term of this Agreement upon the same terms and conditions for two additional two (2) year terms ("Renewal Term") with the extension to commence upon the expiration of the Initial Term or any Renewal Term, if CONTRACTOR is notified in writing at least ninety (90) days before the end of the Initial Term or any Renewal Term, of the intent to extend this Agreement (hereinafter the phrases "Initial Tenn" and "Renewal Term," if any, shall be collectively referred to as the "Term"). In addition, the Executive Director of t he Anaheim H ousing Authority or his/her designee is authorized to extend the term of the Master Agreement for such time as is necessary for completion of outstanding Work Order Packages in progress at that time. In no event, however, shall such extension exceed six (6) months.

2. All Parties recognize that the continuation of this Master Agreement after the close of any fiscal year of AUTHORITY, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. AUTHORITY does not represent that said budget item will be actually adopted, said determination being the determination of the AUTHORITY Board at the time of the adoption of the budget herein. No penalty shall accrue to AUTHORITY in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, Work provided, monies paid and monies due.

B. Commencement and Completion of Performance.

1. When Work under this Master Agreement is required, AUTHORITY may send a written or electronic Work Order Package to all the pre-qualified contractors, including the CONTRACTOR so long as CONTRACTOR is also pre-qualified for the Work. If interested in 6 Order Package, CONTRACTOR shall forthwith correct such defective Work at CONTRACTOR's sole expense. If CONTRACTOR shall refuse or neglect to comply promptly with the provisions of this subparagraph, AUTHORITY may, at its option, take all steps necessary to carry out the correction and shall charge the expense thereof to CONTRACTOR. CONTRACTOR hereby agrees to promptly pay such expense or AUTHORITY may deduct such amount from future monies owed or becoming due to CONTRACTOR.

3. CONTRACTOR further agrees that if any fault, break or defect due to Workmanship, fabrication or installation occurs in any of the Work performed under this Master Agreement within three (3) years from the final acceptance date as set forth in Part 111, B., CONTRACTOR shall repair the same promptly, as requested by the AUTHORITY Representative, without expense to AUTHORITY, so as to fully comply with the Work Order Package.

4. In the event any Work perfom1ed by CONTRACTOR does not comply with the terms of this Master Agreement or the Work Order Package, and the AUTHORITY Representative deems it necessary that such non-conforming Work shall be temporarily utilized, CONTRACTOR agrees that any such Work may be utilized by AUTHORITY until the Work can be replaced in accordance with this Master Agreement. There shall be no charge to, nor claim for compensation from, AUTHORITY for any such temporary utilization.

5. If the nature of any defects is such that the AUTHORITY Representative shall deem it inexpedient to attempt to correct the same, AUTHORITY shall have the right to deduct from any amounts then due or which shall thereafter become due to CONTRACTOR under this Master Agreement, or CONTRACTOR shall refund to AUTHORITY, such sums of money as AUTHORITY's Representative shall consider a proper equivalent for the difference in value between the Work as performed and that specified in the Work Order Package, as well as damage resulting therefrom. CONTRACTOR may contest the valuations on which such deductions are based with the Executive Director of the 14 Anaheim Housing Author ity, and may recover sums that have been improperly deducted. Decision s of the Executive Director of the Anaheim Ho using Authority or his/her designee, in such matters shall be final.

6. All Work performed, and any and all measurements of the Work performed, under the Work Order Package shall be made to the satisfaction of the Executive Director of the Anaheim Housing Authority, or his/her de signees, whose sole judgment shall determine whether the quality of the Work shall satisfy the requirements of the Work Order Package.

7. This Article shall not be construed as a limitation of CONTRACTOR's liability. The remedies provided for herein are supplemental and in addition to all other remedies AUTHORITY may have for CONTRACTOR's negligence, breach of contract, or defective performance. E. Title.

1. Title to materials furnished by AUTHORITY for the performance of the Work shall remain with AUTHORITY at all times.

2. Title to the Work as passed through to AUTHORITY from CONTRACTOR shall be free and clear of all liens and encumbrances.

3. All sketches, documents, drawings, tracing, field survey notes, computations, detail, data diskettes, photographs, and/or computer software developed specifically pursuant to the Master Agreement and other materials prepared by CONTRACTOR are recognized by AUTHORITY to be instruments of CONTRACTOR's Work and shall become the property of AUTHORITY at the time of payment to CONTRACTOR for such Work, and CONTRACTOR shall promptly deliver them to AUTHORITY at the request of AUTHORITY. CONTRACTOR agrees not to use said documents and other materials for any purpose other than the performance of Work required by this Master Agreement without the prior written authorization of AUTHORITY.

F. Changes and Extra Work.

1. CONTRACTOR may request a change in scope of a Work Order Package 15 notice lifting the suspension.

2. CONTRACTOR shall be paid its actual cost as defined in the Proposal for all Work performed in accordance with the orders of AUTHORITY during any such suspension.

If the Work shall be delayed due to any suspension of Work, CONTRACTOR shall also be entitled to an equitable extension of time within which to complete the Work. AUTHORITY shall pay additional reasonable costs actually incurred by CONTRACTOR in deactivating and reactivating the Work caused by an AUTHORITY ordered suspension. This shall be CONTRACTOR's sole compensation for suspension of the Work by AUTHORITY.

3. This Subpart L shall be construed as applying only to suspension of Work Order Package or Request by AUTHORITY and caused by conditions that cannot be reasonably anticipated. The provisions of this Subpart L shall not apply to any conditions or suspension of the Work cited in the Work Order Package or Request or suspension because of inclement weather, or nature of the Work, or operating requirements of AUTHORITY, or termination as defined herein.

M. Termination. AUTHORITY may terminate this Master Agreement with or without cause upon giving CONTRACTOR fifteen (15) days prior written notice. If this Master Agreement is terminated without cause, CONTRACTOR will be paid for costs incurred and actual Work satisfactorily performed for AUTHORITY up to and including the date of termination.

The Anaheim Housing Authority Executive Director or his/her designee 1s authorized to terminate the Master Agreement as stated herein.

N. Disputes. Any dispute that cannot be resolved between the Representatives shall be referred to the Executive Director of the A naheim Housing Authority, or his/her respective designees, whose decision shall be final. CONTRACTOR shall have no cause of action for any alleged breach of this Master Agreement by AUTHORITY until such time as AUTHORITY has made final payment for all Work provided hereunder.

0. Liens. CONTRACTOR shall hold harmless, indemnify and defend AUTHORITY from any mechanic's liens or stop notice claims against AUTHORITY by CONTRACTOR, subcontractors, employees or agents pertaining to the Work specified in any 20 SoCal Branch: 13804 Oaks Avenue
Chino, CA 91710
Telephone: (909) 949-6025
Facsimile: (909) 949-6815
Upon written notice to each Party concerned, served by means provided in the above paragraph, either Party may change the above addresses. The Executive Director of the Anaheim Housing Authority or his/her designee is authorized to give the notices required herein to be given on behalf of AUTHORITY.

B. Independent Contractor. The performance of CONTRACTOR's Work hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of AUTHORITY. In consideration for the compensation paid to CONTRACTOR by AUTHORITY, CONTRACTOR agrees that AUTHORITY shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, r
retirement, life, unemployment, health or any other benefits and CONTRACTOR ag ees that it shall not sue or file a claim, petition or application therefor against AUTHORITY or any of its officers, employees, agents, representatives, or sureties.

CONTRACTOR shall at all times be responsible for the acts and omissions of subcontractors and individuals directly or indirectly employed by them. CONTRACTOR is responsible for performance of all the Work, whether performed by CONTRACTOR or its subcontractors. The Work Order Package shall not give rise to any contractual relationship between AUTHORITY and a subcontractor. AUTHORITY shall not undertake any obligation to pay or to be responsible for the payment of any sums to any subcontractor.

C. Successors and Assigns. All of the terms, conditions and provisions hereof shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns, provided, however, that no assignment of this Master Agreement shall be made without the prior written consent of the Parties to this Master Agreement, which consent shall not be unreasonably withheld.

D. Laws Governing Construction of Terms. This Master Agreement 32 REQUEST FOR QUALIFICATIONS
for

ON-CALL DEMOLITION CONTRACTORS
for the

ANAHEIM HOUSING AUTHORITY

Demolition Services RFQ Page | 2

Table of Contents
I. EVENTS CALENDAR ....................................................................... 3 II. INTRODUCTION .............................................................................. 3 III. SCOPE OF SERVICES .................................................................... 3 IV. CONTRACTORS .............................................................................. 3 V. INQUIRIES ....................................................................................... 4 VI. SUBMISSIONS ................................................................................ 4 VII. GENERAL INFORMATION .............................................................. 7

Demolition Services RFQ Page | 3
I. EVENTS CALENDAR

Distribution of RFQ 03/26/2024
Last date for Inquiry Submission 04/12/2024
Latest date for an Addendum (if any) 04/18/2024
Closing Date for RFQ 04/26/2024
Notification of Selection 05/16-22/2024

II. INTRODUCTION

The Anaheim Housing Authority (“Authority”) is issuing a Request for Qualifications (“RFQ’s”) from contractors (“Contractors”) specializing in demolition services.

The Authority wishes to enter into Public Work Agreements with Contractors with specific expertise, in the areas listed below, to establish a strong and comprehensive team to support the efforts of the Authority.

III. SCOPE OF SERVICES

This work will consist of demolishing and removing buildings ; block walls, landscaping and hardscape; recycling, capping and removing sewer laterals; disconnecting and capping utility services; installation, removal or relocation of fences or gates or appurtenant improvements; erosion and sediment control protection from run-off by implementing a Storm Water Pollution Prevention Plan (SWPPP) or Water Quality Management Plan (WQMP) as required by law; removal and disposal of asbestos-containing building materials, universal waste, and lead-based paint; application of weed killer, spreading of wood chips, and providing dust control; and, immediate response services; deconstruction, recycling and removal of buildings and appurtenant improvements on various properties throughout the city. This work will also consist of the removal and disposal of lead-based paint, asbestos-containing building materials and universal waste found in structures and improvements. The selected Contractors will furnish all labor, materials, tools, and equipment to demolish and remove the improvements in their entirety in accordance with applicable State and Federal laws.

Since many of the Authority’s projects are funded by State and Federal grants, the selected Contractors must have excellent knowledge of the requirements of Caltrans Local Assistance Procedures Manual for Federal and State Funded Projects and Federal Davis Bacon and Related Acts.

In addition, Contractor must have knowledge of applicable prevailing wage laws as well as meeting the Disadvantaged Business Enterprise (DBE) goals. Selected Contractors are required to become knowledgeable of the Authority’s Quality Assurance Plan.

IV. CONTRACTORS

Based on program needs, the Authority may enter into a multi-year agreement with one or more Contractor. The Contractor would serve the Authority on an “on-call” basis for the length of the Demolition Services RFQ Page | 4
agreement period at an established fee schedule. The Authority uses a formal written work order process for individual projects assigned to Contractors. In this process, the Authority requests fee proposals that include a scope of work, schedule, and not-to-exceed fixed fee prior to the initiation of work.

Prior to issuance of a Notice to Proceed for any site, the Authority’s environmental consultant will conduct an asbestos and lead survey of each site and provide a report to the Authority. This report will be provided to the Contractors. The Contractors will submit at least three (3) abatement proposals to the Authority for review and approval. When authorized to proceed, the Contractor will be responsible for any sub-contracting for abatement removal, as necessary. The Authority reserves the right to accept the Contractor’s proposal or use an independent contractor to perform abatement work. Coordination of abatement removal work, whether by the Authority, Contractor, or subcontractor, will be the responsibility of the Contractor.

The Authority maintains professional service agreements with other types of consultants. The selected Contractor(s) may be directed to work with these consultants to complete specific projects, including provide peer reviews, opinions, and or assessments.

V. INQUIRIES

All inquiries and responses to the Request for Qualifications (RFQ) must be submitted via the City’s PlanetBids web page: https://pbsystem.planetbids.com/portal/14424/portal-home

Prospective Contractors are encouraged to promptly notify the Authority of any apparent inconsistencies, problems, or ambiguities in the RFQ. Contractors may only submit questions via Planet Bid no later than the date identified in the event calendar of this RFQ. All inquiries will be made only through PlanetBids; telephone calls and direct emails will not be accepted. If deemed necessary, the City may call for a pre-qualification meeting to discuss issues raised.

All notices, clarifications, and addenda to this RFQ will be posted on the City’s webpage https://pbsystem.planetbids.com/portal/14424/portal-home. Please monitor the website for all information regarding this RFQ. The Authority will not send individual notifications of changes or updates. It is the sole responsibility of the prospective contractors to remain appraised of changes to the RFQ.

VI. SUBMISSIONS

Submissions must not be more than 18 pages in length including the cover letter (not counting the index, front and back covers of the proposal, the dividers that contain no information, or the Appendix) using 12 point Arial font with single spacing.

For your qualifications to be considered, Contractors must submit no later than 5:00 p.m. on April 26, 2024. Proposals received after the deadline will not be considered. Proposals must be submitted via PlanetBids. PlanetBids registration can be completed here:

Demolition Services RFQ Page | 5
https://pbsystem.planetbids.com/portal/14424/portal-home

Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits, attachments, and addendums (if any) hereto.

Submissions must include:

Cover
Letter
A cover letter, signed by an authorized representative of the prospective Contractor, including the name, address, telephone number, e-mail address for future contact.

Section 1 A brief description of the Contractor and its organization.

Section 2 Detailed description of professional experience including:
a. Current Contracts/Agreements you have with public entities. b. Relevant issues or characteristics that would assist in evaluating the Contractor’s experience to handle the proposed project. c. Experience working with LEED, Green Building Council or other sustainably certified projects. Demonstrate ability to recycle and/or salvage at least 50% of nonhazardous construction and demolition debris. Provide a copy of Contractor’s construction waste management plan that, at a minimum, identifies the materials to be diverted from disposal and specifies whether the materials will be stored on-site or commingled.
d. Contractor’s strategies for material reuse and waste diversion from landfills.
e. Experience developing and implementing Waste Management Plans. f. Describe any instance in which Contractor failed to complete any work awarded by a public agency.
g. Describe any instance in which Contractor has been found in default on a Contract/Agreement issued by any public agency.

Section 3 An example of a demolition plan prepared by Contractor. Demolition plan must include:
a. Plan size will be minimum 18" x 24".
b. Provide address.
c. Specify Scope of Work: "Demolish the entire building". d. Provide site plan - identify all building(s) on the property, identify building(s) to be demolished, identify building(s) to remain in place, show North arrow, identify electrical service pole location, and show sewer cap location.
e. Specify water service line, gas service line, and electrical service line to remain in place or to be terminated.

Demolition Services RFQ Page | 6
f. Specify total area of soil disturbance.
g. Show and label on the plans the required erosion and sediment control and specify all Best Management Practices (BMP) to be utilized by the Contractor. (e.g. gravel bags barrier, stabilized construction entrance, dust control, etc.)
h. Provide note on plan: "All utility lines must be properly & safely capped as needed".
i. Provide note on plan: "50% minimum of nonhazardous construction and demolition waste will be recycled and/ or salvage for reuse." (CAL GREEN

4.408.1)
j. Planning, Building, Public Works, Electrical Engineering, and Water Engineering's approval are required.
k. Plan Check turn-around time is a minimum of ten (10) working days for each submittal.
l. Building Division requires AQMD receipt from the Contractor prior to Demolition Permit issuance.

Section 4 List of key personnel and their resumes with the primary contact for the firm identified and, if different, individual that would work with City staff. An organizational chart will be provided, including every person whose resume is submitted, and will clearly show the function which each person will be expected to fulfill.

Section 5 List of recent relevant projects with descriptions (within the past three (3) years) including dates, color photos, scope of work, fees, and other relevant costs. Include a key client contact person with their current phone number and email address. At least three (3) client contacts must be from public agency clients.

Section 6 Fee Schedule that includes hourly rates for each type of equipment including operator and labor offered by the Contractor.

One electronic Word.doc, PFD, or equivalent, must be submitted via Planet Bid:

Attention: Eric Chavira, Project Manager
City of Anaheim
Housing and Community Development Department
201 South Anaheim Blvd, Suite 1003
Anaheim, CA 92805

Submissions must be submitted electronically via Planet Bid no later than 5:00 P.M. on Friday, April 26, 2024. Late submittals will be rejected. Incomplete submittals and/or submittals received after the deadline will be rejected without review.

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VII. GENERAL INFORMATION
Selection Process

Contractors interested in being considered must submit qualifications in compliance with this RFQ.

Based on the evaluation of submitted qualifications, a short list of the top ranked/qualified Contractors will be established. It is anticipated that evaluations will be conducted by representatives from the City of Anaheim. Upon completion of scoring, multiple firms may be selected, and negotiations will be initiated. The content of the RFQ and successful Contractor’s qualifications will become an integral part of the Master Agreement. If for any reason a Master Agreement cannot be negotiated, the next ranked Contractor may be selected from the ranking list.

Scoring of the submitted SOQ’s will be scored as follows:

Cover Letter 5 Points
Section 1 10 Points
Section 2 25 Points
Section 3 25 Points
Section 4 10 Points
Section 5 15 Points
Section 6 10 Points
Total 100 Points

Ultimately, the Contractor(s) selected to provide the services described herein will be selected on the basis of qualifications, relevant experience, and demonstrated quality of work product, as well as cost. The selection will also be based on experience with the public sector, reputation for outstanding service to clients, a proven track record of teamwork, completing successful projects on a short deadline, and the ability to demonstrate an understanding of the goals and objectives of the Authority.

Successful Contractor(s) will be recommended to the Anaheim Housing Authority City Council for contract award.

Distribution of RFQ & Amendments

This RFQ is posted on the City’s website only at the following address:
https://www.planetbids.com/portal/portal.cfm?CompanyID=14424

Contractors wishing to submit must register with Planet Bid at the above address. Any inquiries for clarification of any provisions will be submitted via the Planet Bid website, no later than the close of business on Friday, April 12, 2024. Authority will post the responses to the inquiries within one week of the inquiry closing date on its website.

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The Authority will post any addendums to the RFQ on the above referenced website. The Authority will also post any addendums prior to the Latest date for an Addendum identified in Section I.

EVENTS CALENDAR. Contractors planning to submit are required to refer to the website after the deadline for addendums to verify they have received all addendums issued for this RFQ.

Federal & State Funding Requirements

Contract awards on Authority projects that are funded using Federal and/or State funds must comply with Federal and State requirements. Projects may be funded in part by Federal funds and are subject to the requirements of those funding agencies. Contractors must give consideration to securing the services of Women, Minority Owned and Disadvantaged Business firms in the performance of the work anticipated in this Request for Qualification, as specified in 24 CFR 135.

These requirements will be considered as included in the contract to be executed between the Authority and the Contractor.

Contractors will comply with all requirements of Federal law and State procedures with respect to the Disadvantaged Business Enterprise Program, as specified herein and as directed by the Authority. As a result of current calculation methodology established in developing a MBE/WBE/DBE contract goal and specific task orders to be issued under the on-call contract for federally funded projects being unknown, the MBE/WBE/DBE goal for those federally funded projects has not been established. The MBE/WBE/DBE goal will be determined on a project-by-project basis if that project should qualify for federal funds. Should federal funds be used on a project, an MBE/WBE/DBE goal will be determined prior to issuing a work order under an on-call contract. Prospective contractors are advised that the overall MBE/WBE/DBE goal is 3%, which may be required to be met.

Projects funded only with local funds have an MBE/WBE/DBE goal of 0%. Furthermore, for the purpose of submitting this RFQ along with required documents, the MBE/WBE/DBE goal is 0%.

Americans with Disabilities Act (ADA) Note

In accordance with the Americans with Disability Act (ADA), this document is available in alternate formats upon request.

Acceptance of City Master Agreement/Contract

Only Contractors who agree to be bound by the provisions in the Authority’s attached Master Agreement (in substantially the format shown on Exhibit A) are eligible for consideration. By submitting a SOQ Contractor affirms its acceptance of the Authority’s Master Agreement.

Acceptance or Rejection of Qualifications

The Authority reserves the right to evaluate Qualifications and award or reject contracts, in whole or in part, as it deems in its best interest.

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EXHIBIT A

SAMPLE MASTER AGREEMENT

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