HomeMy WebLinkAboutFerranti Construction, Inc. 2006-10-13CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
AGREEMENT
FOR
CMU BLOCK WALL AT 182 E. GOB BI
Specification No. 06-13
THIS AGREEMENT, made this /3 day of ��-ek , 20Q by and between the
City of Ukiah, Mendocino County, California, hereinafter called the City and
4 4-ftl�_ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings
and other contract documents for the work 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
the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed
proposal 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
WHEREAS, the City, in the manner prescribed by law, 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 regular responsible 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 Days Allowed.
That the Contractor shall provide all necessary 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 work in conformity with the Special
Provisions and other contract documents hereto attached and according to such instructions as
may be given by the Engineer. The Contractor shall complete the work within forty-five (45)
calendar days notwithstanding allowable "unavoidable delays" as defined in the special conditions.
Contract days shall be counted starting with the 10th day following notice of award of contract 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
Article II. Contract Prices.
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
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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 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, 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 limited to,
the following: employment, upgrading, demotion or transfer; recruitment or
recruitment 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 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
worker'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 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 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 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
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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 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 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 or will meet the following standards for affirmative compliance,
which shall be evaluated in each case by the awarding authority:
(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 employee referrals (including unions, employment
agencies, advertisements, 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 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 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' 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 Contractor shall notify the City of opposition to the anti -discrimination clause
by individuals, firms, or organizations during the period of its pre -qualification.
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(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.
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 agreement.
1. Notice to Bidders
2. Wage Scales
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. 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 _ day of
, 20_
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
Attest:
By:
Attest:
Title:
/ MAYOR, CITY OF UKIAH
ITY?CM,UKIAH
CONTRACTOR
The foregoing
as
RNEY, CITY OF
MA2006\406082\Spec 06-13\06-13 CMU Wall 182 E Gobbi
legality this/k'day of o7I l 20x6 C.
49
r
INDEMNIFICATION AGREEMENT
This Idegification Agreement is made and entered in Ukiah, California, on this day of
00 44 , 20 0& by and between the City of Ukiah ("Ukiah") and
l �
(Contractor).
Contractor is��Q�
for the City of Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor
will protect the City of Ukiah from damage or damage claims which arise from its performance of
the work.
Accordingly, Contractor agrees as follows:
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.
CONT
BY:
TITLE:
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