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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-385 � III�IIIIIIIIIIIIIIII�IIILII�IIII�IIIIIIII Recording Requested By: CONTRA COSTA Co Recorder Office Contra Costa County Public Works Dept. Construction Division STEPHEN L. WEIR, Clerk-Recorder 255 Glacier Drive DOC— 2001-0242358-00 Martinez, CA 94553 Wednesday, AUG 15, 2001 13:26:44 FRE $0.00 Return to: Tt 1 Pd $0.00 Nbr-0000489482 WHEN RECORDED, RETURN TO CLERK Ire/RS/1-5 BOARD OF SUPERVISORS BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for ) and NOTICE OF COMPLETION Lone Tree Way at Fairview Avenue ) (C.C. § 3086, 3093) Right Turn Lane Project ) Proiect No. 0662-6R4006-99 ) RESOLUTION NO. 20011385 The Board of Supervisors of Contra Costa County RESOLVES that: The County of Contra Costa on April 19, 2000 contracted with Bay Cities Paving and Grading, Inc., for the right turn lane on Lone Tree Way at Fairview Avenue,with Safeco Insurance Company of America as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of April 3, 2001. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on August 14, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA NOES: NONE ABSENT: NONE CERTIFICATION AND VERIFICATION hereby certify that this is a true and correct copy of an Contact: Mike Carlson (925)313-2321 action taken and entered on the minutes of the Board of Orig. Dept.:Public Works (Const.) Supervisors on the date shown. cc: Record and Return Auditor Public Works- Accounting ATTESTED: August 14 , 2001 - Construction, R. Bruno JOHN SWEETEN, Clerk of the Board of Supervisors and - Env., C. Sellgren County Administrator - Traffic,S. Kersevan Contractor By___�__� ,Deputy G:\G G:\GrpDala\ConstlBO\2001\8-August\14-LTTL-accept.doc RESOLUTION NO. 2001/385 CONTRACT (Contra Costa County Standard Form Construction Agreement) 1. SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: Public Agency--Contra Costa County Contractor-Bay Cities Paving and Grading,Inc. Effective Date: April 19,2000 (See Section 4 for starting date.) (See Sec.3) Project Name,Number and Location:Lone Tree Way at Fairview Right Turn Lane Project No.0662-6R4006-99; located in the Brentwood area. The work consists of constructing a right turn lane and modifying traffic signal componcts all in accordance with the Plans, Drawings,Special Provisions and/or Specifications including Addendum No. 1,prepared by or for the Public Works Director and in accordance with the accepted Bid Proposal. (See Sec.4) Completion Time: Within 30 working days for Phase I and 15 working days for Phase II from starting date. (See Sec.5) Liquidated Damages: $500.00 per calendar day. (See Sec.6) Public Agency's Agent: Public Works Director (See Sec.7) Contract Price: $79,280-00 more or less,in accordance with finished quantities at unit bid prices. (See Sec.8) Federal Taxpayer's I.D.or Social Security No. 94-160 S $3 2. SIGNATURES&ACKNOWLEDGMENT. Public Agency,By: 0- uric M.Shin, I' Works Director Contractor,hereby a o Eying arene of and complian with Labor Code Sections 1861 and 3700 concerning Workers'Com a n Law, By: Ben Rodrigudz, Jr. - President I (Des' to gfficia city the u ness) By. im Rodriguez - Secretary/Treasure] esign offic I capacity in a siness Note to Contractor: For compo 'on e contract must signed by two officers. The fir i ature must be that of the chairman of the board,president or vice president;the second signature must be than e secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code Section 313.) The acknowledgment below must be signed by a Notary Public CERTIFICATE OF ACKNOWLEDGMENT State of Cahfom6 ) ;County of ss. On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,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.. Dated: })-A -;;)Uuo CHARLOTTE M. G T1 uta 's Seal �` + l II. COMM. 1245$47 {Notary Public) NOTARY PUBLIC-CALIFORNIA { ' COWNTRA COSTA COUNTY t My Comm.Expires Dec.17,2003 (Page I of4) 3. WORK CONTRACT CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will furnish all materials,labor,services and transportation necessary,convenient and proper in order fairly to perform the requirements of ibis contract,all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4. TIME, NOTICE TO PROCEED Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties'reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver not be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call forbids,and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL TERMS. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for ail this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month, as determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site,and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. (Page 2 of 4) 11. FAILURE TO PERFORM. If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability ofvarious federal,state and local laws and regulations,especially Chapter I of Part 7 of the California Labor Code(beginning with Section 1724,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code,especially in Sections 1775 and 1813,concerning prevailing wages and hours,shalt apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS, Public Contract Code Sections 41004114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general Prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification, or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work,including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. ]fit becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815- 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part, nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have waived notice of assignment_ 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed;nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,agiants and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,including but not limited to personal injury,death,property damage,trespass,nuisance,inverse condemnation,patent infringement,or any combination of these,regardless of whether or not,such liability,claim or damage was unforeseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these_ (d) The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this contract and attributable to the contractor,subcontractor(s),or any officer(s),agent(s)or employee(s)of one or more of them_ (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared, supplied,or approved any plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. (Page 3 of 4) 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency,Contractor shall retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work,including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency, or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owners). RBVcj FORM APPROVED by Canty Conrad. (CC-);Rev.3-95} G:\C.pDaulCa m\Convacu12000\LTrL.doc (Page 4 of 4)