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HomeMy WebLinkAboutGranite Construction Company 2005-09-01CITY OF UKIAH Mendocino County, California AGREEMENT FOR PAVEMENT REHABILITATION AND TRAFFIC SIGNAL LOOP REPLACEMENT Specification No. 05-07 THIS AGREEMENT, made this � day of 2QQ,-::r, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and GRANITE CONSTRUCTION COMPANY 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 sixty (60) calendar days notwithstanding allowable "unavoidable delays" as defined in the special conditions. Contract days shall be counted starting with the I 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 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 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 Pavement Rehabilitation and Traffic Signal Loop Replacement Spec. No. 05-07 64 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 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 Pavement Rehabilitation and Traffic Signal Loop Replacement 66 Spec. No. 05-07 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 employees 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. (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. Pavement Rehabilitation and Traffic Signal Loop Replacement 68 Spec. No. 05-07 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered apart 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 1-5t- day of%5�,iP , 200 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA MAYOR, CITY OF UKIAH Attest: CITY CLERK, CITY OF UKIAH TIE N RUC ION COMPANY By: 7/— — LUN1KAC'F0X , 4.C. Allbritton, Vice President Attest:ZM 44 Title: Michael Futch, Vice President �4 The foregoing contract is approved as to form and legality this of `j day of 120 a sr'. CITY EY, IT OF UKI H Pavement Rehabilitation and Traffic Signal Loop Replacement 70 Spec. No. 05-07 STATE OF CALIFORNIA COUNTY OF Santa Cruz } On August 22, 2005 before me, the undersigned Notary public, personally appeared R.C. Allbritton personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. DEN€SE HARRIDAN COMM. 1538541 NOTARY PUBLIC -CALIFORNIA SANTA CRUZ COUNTY emy COMMISSION EXPIRES DEC 25, 2008 �e INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on , 20 , by and between the City of Ukiah ("Ukiah") and GRANITE CONSTRUCTION COMPANY Contractor is Pavement Rehabilitation and Traffic Signal Loop Replacement 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: 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 GRAN N RUCT COMPANY BY: TITLE: R.C. Allbritton, Vice President Pavement Rehabilitation and Traffic Signal Loop Replacement Spec. No. 05-07 72 STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On August 22, 2005 before me, the undersigned Notary public, personally appeared R.C. Allbritton personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. DENISE FIAQQIGAN Comm. 1538541 NOTARY PUSUC-CALIFORNW SANTA CRUZ COUNTY MY COMMISSION EXPIRES DEC 25, 2W8 GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY I, Michael Futch, Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (the "Company"), do hereby certify that the following is a true and correct copy of resolutions duly adopted on January 17, 2005 by unanimous written consent and without a. meeting in accordance with the provisions of Article III, Section 9 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolutions adopted at said meeting have not been repealed and are still in full force and effect: AUTHORIZATION TO EXECUTE DOCUMENTS AND AGREEMENTS RESOLVED, that effective January 17, 2005, the below listed individuals are authorized to execute documents and agreements in connection with the operations of this Company: David H. Watts Chairman of the Board William G. Dorey President & CEO Mark E. Boitano Exec. Vice President & COO William E. Barton Sr. Vice President, CFO, Corp Compliance Officer & Asst Secy Michael F. Donnino Sr. Vice President, HCD Mgr & Asst Secy James H. Roberts Sr. Vice President, Branch Division Mgr & Asst Secy Michael Futch Vice President, General Counsel & Secretary Roxane C. Allbritton Vice President, Treasurer, Asst Financial Officer & Asst Secy Darryl W. Goodson Vice President, HCD Asst Mgr & Asst Secy Brian C. Kaub Vice President, HCD Asst Mgr & Asst Secy Randy J. Kremer Vice President, Branch Division Mgr of Construction Materials & Asst Secy John A. Franich Vice President, Branch Division Mgr of Construction & Asst Secy Mary McCann-Jenni Vice President, Asst Financial Officer, Controller & Asst Secy David R. Grazian Director of Corporate Taxation & Asst Secy RESOLVED FURTHER, that the authority provided herein is subject to the limits of corporate authority previously approved. AUTHORIZATION TO ATTEST DOCUMENTS AND AGREEMENTS RESOLVED FURTHER, that effective January 17, 2005, the below listed individuals are authorized to attest documents and agreements in connection with the operations of this Company: Page 1 of 2 Shared\CMC Documents\Actions and Certificates Certs for GCCO 2005.doc William G. Dorey President & CEO Mark E. Boitano Exec. Vice President & COO William E. Barton Sr. Vice President, CFO, Corp Compliance Officer & Asst Secy Michael F. Donnino Sr. Vice President, HCD Mgr & Asst Secy James H. Roberts Sr. Vice President, Branch Division Mgr & Asst Secy Michael Futch Vice President, General Counsel & Secretary Roxane C. Allbritton Vice President, Treasurer, Asst Financial Officer & Asst Secy Darryl W. Goodson Vice President, HCD Asst Mgr & Asst Secy Brian C. Kaub Vice President, HCD Asst Mgr & Asst Secy Randy J. Kremer Vice President, Branch Division Mgr of Construction Materials & Asst Secy John A. Franich Vice President, Branch Division Mgr of Construction & Asst Secy Mary McCann-Jenni Vice President, Asst Financial Officer, Controller & Asst Secy David R. Grazian Director of Corporate Taxation & Asst Secy James M. Cady Asst General Counsel & Asst Secy Kenneth M. Smith HCD Counsel & Asst Secy Richard A. Watts Branch Division Counsel & Asst Secy Dated: July 20, 2005 Page 2 of 2 Shared\CMC Documents\Actions and Certificates Certs for GCCO 2005.doc Michael Futch