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Home My WebLink About2005-007 Granite Construction CITY OF ATAS,_QA—DI,ER0 CONTRACT# S� AGREEMENT For The Construction of the SIDEWALK IMPROVEMENT PROJECT- PHASE I CITY BID NO. 2005-002 This agreement is made and entered into this q+4) day of Ho rCl 2005, at Atascadero, California, by and between the City of Atascadero, hereinafter referred to as "City", and Granite Construction Company hereinafter referred to as"Contractor". WHEREAS, the Contractor, as will appear by reference to the records of the Proceedings of the City,was duly awarded the contract for the Work hereinafter mentioned. NOW,THEREFORE, IT IS HEREBY AGREED THAT: Article 1 -Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said City, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said City, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part thereof. Article 2 -The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves,their heirs, executors, and administrators. Article 3-The said Contractor agrees to receive and accept the price stated in the Bid Sheet as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Notice to Bidders, Proposal, Bid Sheet(s), Contractor's/Subcontractors Certification Concerning State Labor Standards and Prevailing Wages, Contractor's Licensing Statement, List of Subcontractors, Conflict of Interest Statement, Certification of Affirmative Action Program, Equal Employment Opportunity Certification, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, Non-Collusion Affidavit, Debarment and Suspension Certification, Anti- Lobbying Certification for Federal-Aid Contracts, Disclosure of Lobbying Activities, Bid Security Form, Minority/Women's Business Enterprise Certification, Section 3 Project Workforce Breakdown, Section 3 Contractors/Subcontractors Breakdown,Agreement, Faithful Performance Bond, Labor and Material Bond, Section 3 Assurances, Section 3 Affirmative Action Plan, Maintenance Bond,Worker's Compensation Certificate, Notice of Award, Notice to Proceed, Special Provisions, Project Plans, any addenda and bulletins issued during the bidding period, r �. and all Change Orders amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2. Change Orders and Work Directive Changes 3. Addenda 4. Notice To Bidders 5. Contract Proposal 6. Special Provisions 7. Contract Plans 8. City of Atascadero Standard Specifications and Drawings 9. State of California Department of Transportation Standard Specifications, July 2002, or the latest edition thereof. Article 5-The Contractor agrees to commence work pursuant to this Contract within ten (10) working days from the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within THIRTY(30)Working Days from the date of commencement as specified in the Notice To Proceed. Article 6- For any withhold of amounts earned by the Contractor(under Paragraph 2), the Contractor may substitute securities as provided in Section 22300 of the Public Contract Code, as amended, which states in part as follows: Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act(7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent,who shall then pay such moneys to the contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor. Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. The contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment,the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the contractor. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the public agency. r w The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. The escrow agreement entered into must be substantially similar to the form included in Public Contract Code Section 22300(e). The contractor shall obtain the written consent of the surety to such agreement. If any provision of this Section shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this Section shall remain in full force and effect (exclusive of the illegal or unenforceable provision). IN WITNESS WHEREOF, the parties to these present hereunto set their hands on the date first above written. CITY OF ATASCADERO CONTRACTOR By: By. / �Uah G- Granite Co struction Company Wade McKinney,A4Q�pr Gt (name of fir or in 'vidual) (signat re) R. C. Allbritton (printed name) Vice President (title) . Attest: Marcia M. Torgerson, City Clerk Approv d as form C y At ney App o d onte Steven B. Kahn, City Engineer r' y