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HomeMy WebLinkAboutNicholson, D. W. 2006-09-20FO -1 AGREEMENT Contract No. Hydro -001 THIS AGREEMENT made and entered into this 20th day of September 2006, between the City of Ukiah, hereinafter referred to as "Owner," and D.W. Nicholson, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, the Governing Board of said Owner heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and did approve and adopt said plans and specifications; and WHEREAS, the Governing Board of Owner did cause to be published for the time and in the manner required by law, a Notice inviting sealed bids for the performance of said work; and WHEREAS, the Contractor, in response to such Notice, submitted to the Governing Board of said Owner within the time specified in said Notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said Notice, the Governing Board of Owner publicly opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible bidder for the performance of said work, and said Governing Board of Owner, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said work and award to a contract therefore. NOW, THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows: CONTRACT DOCUMENTS The following documents are by this reference incorporated in and made a part of this Agreement: The General Provisions; the Technical Provisions; the Standard Forms; the contract drawings; all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the Plans and Specifications. SCOPE OF WORK The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. Hydro -001, as provided for and set forth in said plans and specifications, or in either of them, which said plans and specifications are hereby referred to and by such reference incorporated herein and made a part of this Agreement. All of the said work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Engineer of the Owner, or the Engineer's authorized agent or assistant, who shall have the right to reject any and all materials and supplies furnished by the Contractor which do not comply with said plans and specifications, together with the right to require the Contractor to replace any and all work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications. 3. COMPLETION Said work shall be completed and ready for acceptance pursuant to these Specifications. 4. PAYMENT Attached hereto as Exhibit "A" and by reference made a part hereof, is the bid and proposal of Contractor. Said bid and proposal containing, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so specified. SF -1 The Owner agrees, in consideration of the work to be performed herein and subject to the terms and conditions hereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the aforesaid bid and proposal, and this Agreement, to wit: Three Hundred One Thousand Six Hundred Dollars ($301,600). Said sum shall be paid in accordance with Section 8 of these Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials. 5. PREVAILING WAGES Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division 11, of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work contemplated under this Agreement shall be paid to all workers, laborers, and mechanics employed in the execution of said work by Contractor, or by any subcontractor doing or contracting to do any part of said work. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection, at the office of the Clerk of the Governing Board. This is a construction project in accordance with Section 1771.5 of the California Labor Code. This contract is subject to: Section 1770, and following, of the California Labor Code. A copy of the minimum wage rates, as established by the U.S. Secretary of Labor, is included in the Reference section of the Specifications and copies of the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, are on file at the office of the Director of Public Utilities, Ukiah Civic Center, 300 Seminary Ave., Ukiah, California, 95481. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. 6. INSURANCE The Contractor shall carry and maintain during the life of this Agreement, such public liability, property damage and contractual liability, auto, Workers' Compensation, Builders' Risk Insurance, and such other insurance as required by the specifications. 7. WORKERS' COMPENSATION CERTIFICATION By execution of this Agreement, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 8. PERFORMANCE AND PAYMENT BONDS The Contractor shall, before beginning said work, file two bonds with the Owner, each made payable to the City of Ukiah. These bonds shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code, Division 3, Part 4, Title 15, Chapter 7, and shall be in the amount of one hundred percent (100%) of the Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code, Sections 2819 and 2845. SF -2 9. INDEMNIFICATION The Contractor shall defend, indemnify, and save harmless the Owner and the Engineer (including their officers, agents, members, employees, affiliates, and representatives) as set forth in Section 6 of these Specifications. 10. NON-DISCRIMINATION IN EMPLOYMENT A. CONTRACTOR shall not discriminate against any employee, applicant for employment, or volunteer because of race, color, creed, religion, national origin, sex, age, or physical or mental handicap. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, national origin, age, or physical or mental handicap. Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; or selection for training, including apprenticeship. CONTRACTOR agrees to post, in conspicuous places, available to employees and applicants for employment, notices that CONTRACTOR shall provide an atmosphere free of sexual harassment for employees, clients, volunteers and the general public. B. CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, national origin, ancestry, age, or physical or mental handicap. 11. MISCELLANEOUS PROVISIONS This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of the Owner in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter. This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest. 12. TERMINATION WITHOUT CAUSE In addition to its rights under Section 5 of the General Specifications, the Owner shall have the right to terminate this Agreement without cause. In the event of such termination, and in accordance with said Section 5, the Contractor shall be entitled to payment for all work done up to the time of termination. SF -3 13. CERTIFICATION OF NON -DEBARMENT Reference Government Debarment and Suspension (49 CFR Part 29) The Contractor certifies, by acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a federally funded contract by any Federal department or agency. It further agrees by executing this contract that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. IN WITNESS WHEREOF, the Owner and Contractor had used thi greement to be executed as of the day and year first above written. The City of Ukiah Contra or D. NICH N ORAT ' N By: By: Candice Horsley Authorized R res tative City Manager City of Ukiah Thomas S. Reed Print Forms A roved by the Ci o 'ah David rt City Attorney City of Ukiah SF -4 President Title