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Home My WebLink AboutAshlin Pacific 2009-08-20' ' ' CITY OF UKIAN Mendocino County, Califomia AGREEMENT I FOR , STORM DRAiN REHABILITATION PRt?JECT—PHASE 1 AIP No.3-08-0268-11 Specification No.09-08 ' ' THIS AGREEMENT, made this �C day of_- ��,�;�, � 2p �' �_, b�and between the City af ' /4Sr4�••�'�s :�t�1 rlt Ukiah, Mendocino County, Cal�fomia, hereinafter called the City and [�,-.,�r�;�,�r��.� '�ri. hereinafter called the Con#ractor, ' ' WiTNESSETH: WHEREAS, the City has caused to be prepared in accordance v,rith law, specifications, drawings and other cantract documents for the work herein described and shown and has approved and adopted these contrart ' documenfs,specifications and drawings and has caused to be p�btished in the manner and for the time required by law a no#ice to bidders inviting sealed proposals far doing#he work in accorclance wit}�the terms of this conVact and ' WHEREAS,the Contractor, in response to the notice to bidders, has submitfed to the City a sealed proposa! accompanied by a proposa(guaranty in an amount of not less tfian 1Q percent of the bid price forthe cans#ruction of the propased work in accordance wi#h the terms of this contract and ' WFiEREAS, the City, in the manner prescribed by (aw, has publicly opened, examined and canvassed the proposals submi#ted and as a resutt has determined and declared the Cantractor to be the lo�vest and best regufar responsible bidder for the work and for the sums named in the proposal, ' NOW, THEREFORE, TFiIS AGREEMENT WITNESSETH: Article 1_ Work to be Done and Gontract Davs Alfowed. ' That the Contractor shall provide all necessary machinery,tools,apparatus and other means of construction;shail fumish at1 materials,superintendence,ovefiead,expenses,all labarand expenses ofwhatevernature necessary � fior completion of the work in conformity with the 5pecial Provisions and other contract dacumen#s hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall compiete the work within sixty{6fl}calendar days_Con#ract days shall be counted starting with the 10th day foilowing receipt of notice that the contract has baen execu#ed by the City. Coniractor,at his or her op#ion,may begin work prior to start of ' counting contract days, however, in no event sha{l the Contractor start work without giving nokification to the STORM DRAIN REHABILITATION PRfl3ECT—PHASE 1 203 Spcc 1Va.p3-pg , ' � � � ' Engineer at ieast 72 hours prior#o the start of work,withou#obtaining an encroachment permif from the City,or withou#having submitted cert�cates of insurance that have been accepted and approved by the Engineer � Article II. Contract Prices_ , That#he Ci#y shall pay the Contractor the pnces stated in the praposai submitted by the Contractor,far complete performance of the contract by the Contractor. The Contrac(or hereby agress to accept the prices as full compensation #or at1 material and appliances necessary to the work, for a!1 la6or and use o#tools and other implements necsssary to execu#e the�vork confemplated in#his con#ract;for all loss or damage arising out ofthe ' nature of the work or from the aciion of the elemenis,or from any unfr�reseen obstrucfions or difficulties which may be encountered in the prosecution of ihe work; for all �isks of every description connected #herewith; for all expenses of the work,as herein specified;for all liability and other insurance,for all o�rerhead and other expenses ' incident to the work;all according to the Contract Drawings,the Special Provisions,the Details,the instructions and the requirements of the City. Articie IIt. Labor Discrimination. , Attention is direc#ed to Section 1735 of#he Labor Cade,which reads as follaws: "No discrim+nation shalt be made in ihe employment of persons upon pubfic works because of#he race, ' color, nationa! origin or ancestry, or religion of such persons and every contrac#or for public worlcs violating this section is subject io ail the penalties imposed fior a violation of this chapter." ' In connection vri#h the performance of work under this contract,the Contrac#or agrees as follows: {a} Tt�e Contractor wiil not wiitfuAy discriminate agains#any employee or an applicant for employment because o#race, colar, religion, ances#ry, or nationa! origin. The Contractor will take affirmative ' action to ensure that applicants are employed and that employees are treated during employment without regard to their race,color,religion,ancestry,or na#'sonal origin.Such action shall include,but not be limited to, #he fotlowing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms af compensation; and ' selsction for training,induding apprenticeship.The Contracf�r agrees#a post in conspicuous places, available to employees and applicants for employment, notices to be pravided by the awarding authori#y setting forth ihe provisions of this Fair Employment Practice section. ' {b) The Contrac#or wilt send to each labor union or representative of workers with which he or she has a collec#ive bargaining agreement or other contract or understanding,a natice,to be provided by the awarding authority, advising the said labor union or worke�'s representa#i�e of the Gontractors � commitments under this section,to employees and applicants for employment. (c) The Contractor will permit access to his or her records o#employmen#,empbyment advertisements, appGca#ion #arms and other pertinent data and records by the Fair Employment Practices ' Commission,City ofi Ukiah or any other appropriate agency of the State of Ca['�fomia designated by the awarding autharity, far the purposes o# in�estsgation to ascertain compliance with the Fair Employment Practices section ofithis contract. � {d) A finding of aviltful viotation of the Fair Employment Practices sec#ion of this Contrac#or of the Fair Employment Practices Act sha11 be regarded by the awarding authority as a basis for determining the Contractor to be not a"responsible bidder"as to future contracts for wtrich such Contractor may ' STORM Df2AlN REHABILITATION PROJECT—PHASE 1 2fkt Spec.No.09-08 ' ' ' ' ' submit 6ids,for revoking the Contractor's pre-qua{ification rafing,if any and for refusing to establish, reesiablish ar renew a pre-qualifica#ion tating for the Contractor. The C"sty of Ukiah shs!!dQSm a finding o#wi1{fu{seceipt o#written no#ice€rom the�air Employment ' Practices Act to have occurred upon that it has investigated and determined thatthe Gantractor has violated#he Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Sectian 1429. ' Upon receipt Qf such v,�ritten notice from the Fair Employment Prac6ces Commission,the City shatt notify the Contractor that unless he or she demonstrates to the satisfadion ofthe awarding authority within a sfated period that the violation has besn corrected,his ar her pre-quafifica#ion rating will be ' revoked a#the expiration of such period. The Contrac#or agrees tha#shouid the City determine tha#the Cont�actor has no#compGed w'sth the Fair Employment Practices section of this Con#ract,then pursuant to Labor Code Section 1735 and ' 1775 the Confractor shall,as a penalfy ta the City,forfeit for each calendar day or porkian thereof,for each person wha was denied employment as a result of such non-compliance, the penafties provided in the Labor Code for violafion of prevailing wage rates.Such monies may ba recovered ' from the Contractor.The City may deduct any such damages frorr�any manies due the Contractor_ Nothing contained in#his Fair Employment Practices section shall be cons#rued in any manner of fashion so as#o prevent the City or the State�f Catifomia from pursuing any other remedies that ' may be available at law. Pnor to awarding the Contrac#, the Contractor shall certify to the awarding authority that he or she has or�kitl meei the follov�ring standards for affirmatn+e compiiance,which shali be evafuated in each ' case by the avrarding autho�ity: (1} Ths Contractor shaii provide evidence, as required by the City that he ar she has notified all ' supervisors,foremen and other personnel officers in wri#ing of the content of the anti-discrimina6on clause and their responsibilities under it. (2) The Contractor shall provide evidence, as requi�ed by the City, that he or she has notified al! ' sources of employees' referrals {including unions, employment agencies, advertisements, Depariment of Employment)of the content of the anti-discrimination clause. (3j The Contractor shat3 file a basic compliance report, as required by fhe Ci#y. Wiltfully false ' statements made in such reports shall be punishable as provided by{aw.The compliance report shail also spell aut#he sources of the work force and who has the responsibility for determining whom to hire,or whether or not to hire. ' (4) Persona{ly,or through his or her representatives,the Contractor shall,through nego#iations with the urtions with whom he or she has agreements,attempt to develop an agreement which will: , a. Spel1 out responsibi4ities for nondiscrimination in hiring, referral, upgrading and training_ b_ Otherwise implement an affirmative an#i-discrimination progr�m in terms of the unions' spec�c areas of skil!and geograpMy to the end that qualified minorrty workers will be available , and given and equal opportunity for employment. ;S) The Contractor shall notify the Gi#y of opposifion to the anti-discrimina#ion dause by individuals, �rms or organiza#ions during the period of its pre-qualifrca#ion. , tEHABILITATION PROJECT—PHASE 1 205 Spec No.D9-O8 ' 1 ' 1 ' {h) The Contractvr will include the provisi�ns of the foregoing paragraphs 1 through 5 in every firs#tier subcontract so that such provisions will be binding upon each such subcontractar. � (i} The "Fair Employmen# Prac#ices Cert�ca#ion"must be completed and signed prior to the time of submitting the bid. ' Artide IV. Par#s of the Contract. That tfie complete contrac#cons'ssts of#he following documents, ati of wt�ich shaN bs considered a part of this agresment. ' 1. Notice to Bidders 2. Wage Scales ' 3. General Conditicros 4. Technical Specifications 5_ Proposa! 6. Fair Employment Practices Certification � 7. Agreemeni 8. Contract Bonds S. Contract Drawings and Construction Details 10. Standard Drawings ' 11. (ndemn�cafion Agreement IN WlTNESS WHERE�F,this coniract being executed in dupticate and the parties having caused theirnames to ' be signed by authority of their duEy authorized office this 7ra day of _ �� r ,20 C7�7. ' ClTY UF UKIAH,MEt�IDUCIN�COt1NTY, CALIFORNiA By: ' CI ANAGER, CITY OF UKIAN Attest: j' � � � � ' tTY CLERK,CITY OF UKIAt-i �;� � n r�, .c,a�`�,� By. � i 4.' ' C N RACTQR - (�� '�� _ � . Attest: - , � Tiile: „��a�'��C-.�c�' � The foregoing contract' appraved as to form and legatity this day of , 20 , , GTY ATT�RNEY,CITY OF UKIAH STORM D{ZAIN RE TATION PROJECT—PHASE 1 206 Spcc.No.09-08 ' ' 1 ' ' INDEMPIIFICATION AGREEMENT ' This Indemn�cation Agreement is made and entered in Uki h, Ca('rfomia,on q��,�,� ZC3 ,20�j by and between the Ci#y of Ukiah (Ukiah)and �� F �r,��T��, -�a,�,,_� j,�t. ' (Contractor)_ Contractor is � � . ,!,�� .� �i�� o,� Sf�r.� r�� '�� L f�� /�-v �� i"��5� �l,�/�/� /Ji� r�_ C✓�G�c �� r Ukiait_ ' As a condi#ion of issuing the work order,attached here#o, Ukiah requires assurance that Contractor wtll protect Ukiah from damage or damage claims which arise from its performance af the work. 1 Accordingly, Contractor agrees as folfows: ' 1_ Indetnnification. Contractor shal(indemnifiy and hoEd harmless Ukiah ancf its officers,agents,and employees ' from and against any claim,loss,or damage,including the legal and other costs of dsfending againsf any ctaim of damage or {oss which arises out of the Coniractor's ne�tigent or wrongfiul perfiormance under the work order attached hereto,except for claims,tosses,or damages resufting from the sole and exdusive negiigence or other ' wrongful conduct of iJkiah or its officers,agsnts and employees. � CONTRACTOR ' 8Y: , (�- �--�. �r��vf-lR-� � TITLE: i?cS�t��.!�r ' ' ' STORM DRAIN RENASIL(TATtON PROJECT—PIiASE 1 207 Sp« No.09-08 1 ,