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Home My WebLink AboutCalifornia Pavement Maintenance Company, Inc. 2006-10-12 _ cr_�rY oF u�i�� L��. l�/�- 101�p� • . Mendocino Countv, Calitornia � .ArREEMENT FOR SLURRY SEAL APRONS AT UKIATI REGIONAL AIRPORT �+pecsfica�ion No. 06-U9 TH]S AGREEMENT, made this �day of �G�O��Pf� ,20�,by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and_ CG� �1�fll''Y110( TGt'I/�I�Z�Pi�'L� IV l Ol1 V�� kVIGlL .CO _� .=�l�i• hereinafter called the Contractor, WITNESSEI�H: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the �vork herein described and shown and has approved and adopted these contract documents, 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 tlle work in accordance with the terms of this contract and WHEREAS. the Contractor, in response to the notice to bidders, has submitted �o the City a sealed proposal accompanied by a proposal guaranty in an amount oi not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of ihis contract and WHEREAS, the City, in the manner prescribed by la�, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regularresponsible bidder for the work and for the sums named in the proposal, NOW,THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Davs Allow�ed. That the Contractor shall provide all necessar� machinery,tools,apparatus and other means of construction;shall furnish all materials,superintendence,overhead,expenses,all labor and expenses of whatever nature necessary for completion of the��ork in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be eiven by the Engineer. The Contractor shall complete the work within sixty(60)calendar da��s not�a ithstanding allo�vable"unavoidable delays"as defined in the special conditions.Contract days shall be counted starting with the l Oth 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 �vithout giving notification to the Engineer at least 72 hours prior to the�tart of work,without obtaining an encroachment pet-mit from the City,or without having submitted certificates of insurance that have been accepted and approved by the Engineer Article II. Contract Prices. �I'hat the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete perfonnance 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 all expenses of the work,as herein specified;for AirportSlurr}�Saal 37 Spec.No.06-��9 ' all liability and other insurance, for all overhead and other expenses incident to the work;all a:;cording to the Contract Drawings,the Special Provisions, the Details. the instructions and t;�e requirements of tl�e Citv. Article III. Labor Disct•imination. .Attention is directed to Section 1735 of the Labor Code.which reads as follow•s: "No discrimination shall be made in the employrnent of persons upon public works because of the race,color, national origin or ancestry, or religion of such persons and every conu-actor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection �vith the perfonnance 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 limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or tennination; 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 forth the provisions of this Fair Employment Practice section. (b) The Contractor 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 �-orker's representative of the Contractor's commitments under this section,to employees and applicants for employment. (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 ascertain compliance w�ith 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 the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids,for revoking the Contractor's pre-qualification rating,if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The Ciry of Ukiah shall deem a findin�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. Upon receipt of such written notice from the Fair Employment Practices Commission,the City shall 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. (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 pursuant to Labor Code Section 1735 and 1775 the Contractor shall,as a pe�ialry to the Ciry,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 AirportSlurrySeal 38 Spec.No.06-09 in the Labor Code for violation of prevailing ��age rates. Such mories may be recovered ±rom the . Contrac*�r. The Cit}�may deduct any such damaDes from any mor,ies due ihe C�ntractor. (f} Nothing containe�d in this Fair Employment Practices section si�all be construed in any mam�er of fashion so as co prevent the City or the State of California from pursuing any other remedies that may be�vaiiable at la�v. (g) Prior to awarding the Cor.tract,the Contractor shall certify to the awarding authority that he or shz has or will meet the following standards tor affirmative co��ipliance,whi�h shall be evaivated in each case by the awarding authoriry: (]) The Contractor shall provide evidence, as required by the Cit�� that he or she has notified all supervisors, foremen and other personnel officers in�miting 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 noCified all sources ofemplo}ees referrals(including unions,employment agencies,advertisemencs,Deparhnent of Employment)of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willful(y 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 responsibility 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 the unions with �vhom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring,referral,upgrading and trainina. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contraetor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (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 Cer[ification" must be completed and signed prior to the time of submitting the bid. .AirportSlurrySeal 39 Spec.No.06-09 r�-iicle IV. Parts of the Contract. That the complete contract consists of the follo w in�documents,all of��hich shail be considered a part orthis agreement. 1. Notice to Bidders 2. Wase Scales 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Emplo�ment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Detail� ]0. Standard Drawings l 1. Indemnification Agreement IN WITNESS 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 /� �da}�of �G��v-�-�`✓ ,20/' . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ' � � � 1 CE MAYOR, CITY OF U H Attest: --�� CITY CLERK, CITY OF UKIAH By: � TRAC Attest: �a.. � �° ��o /� �� Title: A��:�`:6i��$�F9i�+l� VPI�L��SI�E[V"� .-/-%r / The foregoing contract is approved as to form and legality this �z day of ��—rD �J ,�0 v G . � C I " R N E Y, C I T "O F U K I A H AirportSlurrySeal �0 Spec.No.06-09