HomeMy WebLinkAboutGregg Simpson Trucking 2014-08-19 �'�--�,� ��,s i��
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CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
NORTHWESTERN PACIFIC RAIL
TRAIL PROJECT PHASE 1
Specification No. 14-01
THIS AGREEMENT, made this \�'\ day of w w � 20 1�, by and between the City of Ukiah,
Mendocino County, Califomia, hereinafter called the City and Gregq Simpson Truckinq hereinafter called the I
Contractor,
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WITNESSETH
WHEREAS the City has caused to be prepared in accordance with law, specifications, drawings and other contract I
documents for the work herein described and shown and has approved and adopted these contract documents, i�
specifications and drawings and has caused to be published in the manner and for the time required by law a notice
, to bidders inviting sealed proposals for doing the work in accordance with the terms of Ihis contract and i
WHEREAS, the Contractor, in res onse to the notice to bidders, has submitted to the Cit a sealed ro osal
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accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of
the proposed work in accordance with the terms of this contract and �i
WHEREAS, the City, in the manner prescribed by law, has publicty opened, examined and canvassed the I
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular �
responsible bidder for the work and for the sums named in the proposal,
NOW. THEREFORE. THIS AGREEMENT WITNESSETH:
Article1 WorktobeDoneandContractDaVSAllowed.
That the Contractor shatl provide all necessary machinery. tools, apparatus and other means of consVUCtion, shall
furnish all materials, superintendence, overhead. expenses, all labor and expenses of whatever nature necessary I
for completion of the work in conformity with the Special Provisions and other contract documents hereto attached �
and according ro such instructions as may be given by the Engineer. The Contractor shall complete the work within
ninety (90) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that
the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of
� counting contract days, however, in no event shall the Contractor start work without giving notification to the
Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or
without having submitted certificates of insurance that have been accepted and approved by the Engineer �
I Northwestern Pacific Rail Trail Project Phase 1 86 Spec No 14-01
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Article II. Con[ract Prices.
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That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other
implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the
nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may
, be encountered in the prosecution of the work; for all risks of every description connected therewith, for ali
expenses of the work, as herein specified; for all liability and other insurance. for all overhead 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.
Article III Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, �I
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national 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 national origin Such action shall include. but not be
I limited to, the following employment, upgrading, demotion or transfer, recruitment or recrwtment
advertising; layoff or termination; rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the awarding authority setting I
forth the provisions of this Fair Employment Practice section. �
(b) The Contrector will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment I
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to asceRain compliance with the Fair
Employment Practices section of this contract. ��.
� (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining Ihe
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may II
submit bids, for revoking Ihe Contractor's pre-qualification rating, if any and for refusing to establish.
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
' or obtained an injunction under Labor Code Section 1429.
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�� Norihwestern Pacific Rail Trail Project Phase 1 87 Spec. No. 14-01
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Upon receipt of such written notice from the Fair Employment Practices Commission, the City shalt
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
' revoked at the expiration of such period I
I (e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract,then pursuantto Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for
each person who was denied employment as a result of such non-compliance, the penalties provided I
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the
Contractor. The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that may
be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has I
or will meet the following standards for affirmative compliance, which shall be evaluated in each case
by the awarding authority: I
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City that he or she has notified all
sources of employees' referrals (including unions, employment agencies, adveRisements,
Department of Employment)of the content of the anti-discrimination clause
(3) The Contractor shall file a basic compliance report, as required by the City Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report shall
also spell out the sources of the work force and who has the responslbility for determining whom to
hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with I
the unions with whom he or she has agreements, attempt to develop an agreement which will:
a Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training
b Otherwise implement an affirmative anti-discrimination program in terms of the unions' I
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunityfor employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification. I
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of �
submitting the bid. I
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Northwestern Pacific Rail Trail Projecl Phase 1 88 Spea No. 14-01 I
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Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this I
agreement.
1. Notice to Bidders
2. Wage Rates
3 General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. ConVact Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement �
IN W ITNESS WHEREOF,this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this�day of�, 20 l` _. I
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA i
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By:
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/ I/TY MAN/-AGER CI Y OF Uf H
Attest: � 1 �C�v „ K �1 �
� ITY CLERK CITY OF UKIAH /��
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By: � � .��.o �(_ /L-� ������� � ��
CONTRACTOR_�-_
Attest: �i--'-� ��
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The foregoing contract is approved as to form and legality this� /day of�w� '� , 20 ��.
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CITYAT EY, CITY OF U H
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Northwestern Pacific Rail Trail Project Phase 1 b9 5'ec
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INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on YT�w • �� , 20 �� , by
and between the City of Ukiah (Ukiah) and Greqq Simpson Trucking (Contractor)
Contractor is constructinq the Northwestern Pacific Rail Trail Proiect Phase 1 per the plans and specifications for
Specification No. 14-01 for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect �
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows: I
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees
from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of '
damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR I
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TITLE: Ow ^�`�.`r
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Northwestern Pacific Rail Trail Project Phase 1 90 Spec. No. i4-Ot II
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