HomeMy WebLinkAbout2017-011 Granite Construction F14 PMP 16-17 Rehab CITY Cr ATAWADER
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CITY OF ATASCADERO
1979
CONTRACT FOR
CONSTRUCTION
WITH
GRANITE CONSTRUCTION COMPANY
FOR
MEASURE F14 PMP 2016/2017 REHABILITATION PROJECT
CITY PROJECT NO. C2016R06
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CONTRACTOR SERVICES AGREEMENT
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City"), and Granite Construction ("Contractor"). City and Contractor
agree as follows:
1. SCOPE AND STANDARDS:
A. PROJECT. City's Project, of which Contractor's services under this Contract are a
part, is generally identified as follows ("Project"):
Measure F14 PMP 2016/2017 Rehabilitation Project
City Project No. C2016R06
B. SCOPE OF SERVICES. Contractor's services under this Contract are generally
identified as pavement rehabilitation, including full depth reclamation, reconstruction, overlay
and minor drainage improvements of four road segments . A detailed scope of services is
attached to and made part of this Contract as Exhibit A. Contractor shall provide, or cause to
be provided, the services set forth in this Contract.
C. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to
be incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Contractor for the
performance of services pursuant to this Contract shall remain employees of Contractor, shall
at all times be under the direction and control of Contractor, and shall not be considered
employees of City. All persons employed by Contractor to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Contractor employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
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City of Atascadero
Granite Construction Company
B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Contractor are to commence upon receipt of the Notice to Proceed, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than January 31, 2018 unless extended by the mutual
agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by the City and Contractor at the time City's express written authorization signed by the City
Manager is given to Contractor for the performance of said services.
5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Contractor shall comply with the City's
Manager's request to monitor performance.
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City of Atascadero
ISI R:
Granite Construction Company -
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Contractor may have covering and/or with its
employees.
C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the stability and continuity of Contractor's staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Contractor shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until such time as the exact amount of damages, if any, due the
City from Contractor is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination. The obligations of the Surety on the
Faithful Performance Bond shall survive the termination of this Contract.
7. CHANGES:
The City or Contractor may, from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be
incorporated in written amendments to this Contract. Any increase in the amount of
Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the
materials prepared by the Contractor if used for purposes other than those expressly set forth
in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or created pursuant to this Contract
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City of Atascadero :
Granite Construction Company
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order. Contractor will be allowed to retain copies of all deliverables.
B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has
or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall take reasonable care to ensure that no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
C. COOPERATION. City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Contractor each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding. Contractor and City agree to cooperate fully with the other party and to provide the
other party with the opportunity to review any response to discovery requests provided by
Contractor or City. However, City and Contractor's right to review any such response does not
imply or mean the right by the other party to control, direct, or rewrite said response.
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City of Atascadero
ATAtAM__au'/.
Granite Construction Company
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract except as set forth in Exhibit C. City acknowledges that all
equipment and other tangible assets used by Contractor in providing these services are the
property of Contractor and shall remain the property of Contractor upon termination of this
Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The
City, its officials, officers, elected officials, appointed officials and employees shall not be liable
at law or in equity as a result of any failure of contractor to comply with this section.
B. PREVAILING WAGES. The Contractor is required to pay prevailing wages for the
work performed under this Agreement. The Contractor shall pay all penalties and wages as
required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Contractor shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Contractor.
14. ASSIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Contractor from the
City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
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City of Atascadero .ft
Granite Construction Company
15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Contractor or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent
same are caused in whole or in part by any negligence, or wrongful act, error or omission of
Contractor, willful misconduct, or recklessness of its officers, agents, employees or
subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in
the performance of professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than
in the performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorney's fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Contractor or by any individual or entity for which contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of Contractor.
C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of this agreement. In the event contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section.
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Contractor shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have
been actively negligent and where City's active negligence accounts for only a percentage of
the liability involved, the obligation of contractor will be for that entire portion or percentage of
liability not attributable to the active negligence of City.
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City of Atascaderoyt;.a.ri,�
Granite Construction Company 4y..
17. INSURANCE:
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3)years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
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City of Atascadero
Granite Construction Company -
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Contractor by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Contractor nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among
the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity to revise the provisions of this Contract and
to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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City of Atascadero
Granite Construction Company
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
Director of Public Works
6500 Palma Avenue
Atascadero, CA 93422
Contractor Granite Construction Company
Rob Gregg
5335 Debbie Lane
Santa Barbara, CA 93111
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Contractor warrant and represent that they have the authority to execute this Contract on
behalf of their Company and further warrant and represent that they have the authority to bind
Contractor to the performance of its obligations hereunder. ��•``�,STR,V��'/.
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Effective this 10th day of July, 2017, by the parties as follows, = z Jan.4 �g�z :•`O
��9��FORN�P�da�
Approved as to form: Granite Construction Company
By: �ZL
Counsel for Contractor (If applicable) Kenneth B. Olson, Assistant Secretary
Approved as to form: City of to cadero
P010
By: By:
Brian Pieri , City Attomey Racil le Rickard, City Manager
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City of Atascadero
Granite Construction Company
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 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 have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
JG1 1 O N
Kv
•, Ncq4''� ��� Kenneth B. Olson, Assistant Secretary
y
Granite Construction Company
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City of Atascadero
Granite Construction Company
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California labor code sections 1810 and following, 8 hours of
labor constitutes a legal day's work. Contractor will forfeit as a penalty to city the sum of $25.00 for
each worker employed in the execution of this contract by contractor or any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violation of the provisions of labor code
section 1810. (labor code§ 1813.)
Copies of the determination of the director of the department of industrial relations of the prevailing
rate of per diem wages for each craft, classification or type of worker needed to execute this contract
will be on file in, and available at, the office of the director at 6500 Palma Avenue, Atascadero, CA.
Wage determinations are also available online at www.dir.ca.gov/dlsr/pwd/southem.html.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for
the duration of the contract, a copy of the determination by the director of the department of
industrial relations of the specified prevailing rate of per diem wages. (Labor code § 1773.2.)
Contractor, and any subcontractor engaged by contractor, shall pay not less than the specified
prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor
code § 1774.) Contractor is responsible for compliance with labor code section 1776 relative to the
retention and inspection of payroll records.
Contractor shall comply with all provisions of labor code section 1775. Under section 1775,
contractor may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of
the contract by contractor or any subcontractor for each calendar day, or portion thereof, in which
the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference
between the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this contract prevents contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract. Contractor is responsible for compliance with labor
code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one
hour of apprentice's work for every five hours of labor performed by a journeyman (unless an
exception is granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a
like amount to the California apprenticeship council, and that contractors and subcontractors must
not discriminate among otherwise qualified employees as apprentices solely on the ground of sex,
race, religion, creed, national origin, ancestry or color. Only apprentices defined in labor code
sections 3077, who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
Pursuant to Labor Code Section 1771.1, the contractor and subcontractor must be currently
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 at the
time the project is awarded.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relation,
pursuant t0abon l;9de Section 1771.4
`ON C0 '�..
_ X a-tty T ; o� _ Contractor
co Kenneth B. Olson, Assistant Secretary
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City of Atascadero
Granite Construction Company
EXHIBIT A
Scope of Work
All work performed shall comply with the requirements, as described in the
Measure F14 Pavement Management Program 2016117 Rehabilitation Project, Bid
No. 2017-004, Project No. C2016R06 engineering plans and specifications, hereby
incorporated by reference. The project primarily consists of pavement
rehabilitation, including full depth reclamation, reconstruction, overlay and minor
drainage improvements of 4 roadway segments on Monterey Road, Cortez
Avenue, Alcantara Avenue and CarmeIita Road. Per the specifications, the
-Contractor shall diligently prosecute the work to completion before the expiration
of 90 working days after the Notice to Proceed has been issued.
It is agreed by the parties to the Contract that in case all the work called for under the
Contract is not completed before or upon the expiration of the time limit as set forth in
these specifications, damage will be sustained by the City, and that it is and will be
impracticable to determine the actual damage which the City will sustain, in the event of
any, by reason of such delay; and it is therefore agreed that Contractor will pay to the
City the sum of Five Hundred dollars ($500 ) per day for each and every calendar day
delay beyond the time prescribed to complete the work; and, Contractor agrees to pay
such Liquidated Damages as herein provided, and in case the same are not paid,
agrees that the City may deduct the amount thereof from any moneys due or that may
become due Contractor under the contract.
The Contractor shall not be assessed with Liquidated Damages, nor the costs of
engineering and inspection during any delay in the completion of the work caused by
acts of the federal government or the public enemy, or acts of God, fire, floods,
epidemics, severe weather, or delays of subcontractors due to such causes; provided
that the Contractor shall, within ten (10) days from the beginning of such delay, notify
the City Engineer in writing of the cause of delay, who shall ascertain the facts and
extent of the delay, and his finding of the facts thereon shall be final and conclusive.
A-1
City of Atascadero
Granite Construction Company
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 1,399,615.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Contractor for completion of the Work on a Unit Price Basis in accordance
with Contract Documents an amount equal to the sum of the established unit price for
each separately identified bid item times the completed quantity of that item at the
prices stated in attached Contractor's Bid. Work shall include items as identified in the
Bid Schedule, not to exceed the total contractual amount of $1,399,615.00. Quantities
shown on the Bid Schedule are not guaranteed, and determinations of actual quantities
and classifications are to be made by City. The City shall have the ability to make
alterations to the Work, as the Work progresses, involving increases and decreases to
quantities of itemized Unit Price Work. The unit price shall not be subject to re-
evaluation or adjustment regardless of the total cost or variation between actual and
estimated quantities.
Any additional services authorized by the City of Atascadero, not included in the scope
of services as defined by this contract, must be approved in the form of a City of
Atascadero Change Order prior to performing additional work. All additional work
authorized by a City of Atascadero Change Order will be compensated at the same unit
price in the attached Contractor's bid, if applicable. For extra work, where no unit cost
has been defined in the attached contract, the Contractor shall be compensated as
identified in Section 7-1.4, "Extra Work", of the "Measure F14 Pavement Management
Program 2016/2017 Rehabilitation Project " Project Specifications. Any charges
incurred outside of these contract terms will not be authorized for payment. Payment will
be made within 30 days after receipt and approval of invoice.
No invoice will be approved without receipt and approval of certified payroll records.
A 5% retention will be held for thirty-five days after the Notice of Completion is filed with
the County of San Luis Obispo. The retention will be released upon the City of
Atascadero's final approval and the satisfactory completion of the project. Contractor
agrees that the payment of the final amount due under the Contract is contingent upon
Contractor furnishing a release of all claims against the City arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractor from the operation of the release.
B-1
City of Atascadero _
Granite Construction Company,
Copy Bid Sheet
ITEM BID ITEMS UNIT TOTAL UNIT TOTAL COST
NO. QUANTITY PRICE
--1 Mobilization, Bonds& Insurance LS 1 __ /06,006 0()
2 Traffic Control LS 1 7f /17/ Y
3 Water Pollution Control Program LS 1 Ct'J y 3Y Ori
4 3/8"HMA(Type A PG 64-10 TN 447
5 1/2"HMA(Type A PG 64-10 TN 4,672 / – 0' 7
6 Crack Seal& Slurry Seal(Type II SF 49,206
7 Pulverize 9"and Grade SF 48,401 C, / 7.z,6r
8 Pulverize 12"and Grade SF 93,883 0.Zr, 6C
9 Roadway Excavation' CY 1,607 2 4 � j/� D
Cement Soil Treatment 6"
10 Assume 4% Cement SF 48,401 01 961 7 ,
10a Add/Deduct per 0.5% Cement Content SF t 0,U Z
Quicklime&Cement Soil Treatment 8" / /V �03 2f/ 34
11 Assume 2%Quicklime& 2%Cement SF 93,883
11a Add/Deduct per 0.5%Quicklime content SF
11b Add/Deduct per 0.5%Cement content SF t
12 Di out or Remove& Replace 4"HMA SF 22,257 S70 C yn
13 6"Deep Lift Stabilization Allowance SF 7,114 yZ 6g
14 Ke cut(Type Al LF 1 3,400 L2-&9e5. &1 700
15 Ke cut(Type 131 LF 176 IZ, or ' 1/2
16 Construct/Remove& Replace HMA Dike LF 610 1 cc 10
17 Reconstruct 12"CMP Culvert Allowance LF 34 7 S0C) 3, Z 30
18 Reconstruct 18"CMP Culvert Allowance LF 144 /U t` 4C
19 Reconstruct 24"CMP Culvert Allowance LF 50 / SDC'
20 Reconstruct 30"CMP Culvert Allowance LF 70 2ce,
21 Construct Under Sidewalk Drain EA 1 8U0 a'
22 Remove& Replace PCC Sidewalk SF 237 10 eo
23 Remove& Replace PCC Curb&Gutter LF 71 3S
24 Construct PCC Retaining Curb LF 72 <–S�
25 Construct PCC Valley Gutter SF— 1.380 18,00 11V/
26 Construct/Remove& Replace PCC Driveway SF 100 I S,DO SOC'
27 Install Detectable Warning Surface _ SF 30
28 Install Shoulder Backing LF 2,364
29 Install Rock Sloe Protection EA 2
B-2
City of Atascadero
Granite Construction Company '` 1;s
ITEM BID ITEMS UNIT TOTAL UNIT *TOTAL COST
NO. QUANTITY PRICE
30 Prune Tree Roots&Install Root Barrier EA 3 00.0' 2,,X00
31 Lower Survey Monument Cover EA 15 300,ce q,�_0
32 1 Lower Water/Gas Valve Cover EA 31 00
33 Lower Manhole Cover EA 18
34 Lower Utility Cover EA 1 7-5-0,--
35 -Adjust Survey Monument Cover to Finish Grade EA 15 I Z
36 ---Adjust Water/Gas Valve Cover to Finish Grade EA 31 '
37 Adjust Manhole Cover to Finish Grade EA 18 75A20e /
38 Adjust Utility Cover to Finish Grade EA 1 clod.ed
39 Find and Reset Buried Monument EA 8P's-00 /Z691
40 Blue RPM @ Hydrant _ EA 19 g,d`/
41 12"White Crosswalk/Limit Line Thermo LF 231 5,00 14V3
42 24"White Crosswalk Thermo LF 100 S Q
43 Striping Detail#21 Thermo LF 5 661 Z
44 Striping Detail#22 Thermo&Markers LF 193 /,00
45 Stri in Detail#276 Thermo LF 4,440
46 Install"25"Legend Thermo EA 2 1,0, 41
47 Install"35"Legend Thermo EA 4 710, 0o IZAC
48 Install"DIP"Legend Thermo EA 2 019
49 Install"SLOW'Le end Thermo EA 2 OCA
50 Install"SCHOOL"Legend Thermo EA 2 Iva oe
51 Install"XING"Legend Thermo EA 2 00 G
52 Install"STOP"Legend Thermo EA 7 OG
53 Red Curb Paint LF 578 2,°p / /S-b-
54 Install Roadside Sign _ EA 2 130e,e0 100
55 Pavement Fabric SY 14,891 1.00 1�7 y
7 7—
BID TOTAL AMOUNT IN FIGURES: , DO
C)/',le ,7j_Ve 4/.>rt'ff ti Tl7ou5cs�vGl
BID TOTAL AMOUNT IN WORDS: li �Fie�y I q O
S= Lump Sum SF = Square Feet EA= Each LF= Linear Feet TN:Ton SY =Square Yard
B-3
� .
City of Atascadero
Granite Construction Company
Subcontractor Listing
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B-4
City of Atascadero ---_
Granite Construction Company
NOTE- This form may b a reproduced and attached behind this pa a to list more su contractors.
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Name Name
Address Address
City, State,Zip City, State, Zip
Phone Number Phone Number
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License Number and Classifications License Number and Classifications
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B-5
City of Atascadero
Granite Construction Company
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B-6
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City of Atascadero ,14t�
Granite Construction Company `
City,State,Zip City,State,Zip
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License Number and Classifications• License Number and Classifications
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B-7
City of Atascadero -_
Granite Construction Company
NOTE; This form may be reproduced and attached behind this page to list more subcontractors.
t 5) 'iio`C ��-,C1 in (6)
Name Name
Address Address
City,State,Zip City,State,Zip
Phone Number Phone Number
Email address email address
License Number and Classifications License Number and Classifications
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B-8
City of Atascadero
Granite Construction Company
EXHIBIT C
Items Provided by City
None.
C-1
City of Atascadero
Granite Construction Company
EXHIBIT D
Location Schedule
\ CORTEZ AVE.
ALCANTARA AVE
I�
y CARMELITA RD
J I
PROJECT LOCATION MAP
D-1
City of Atascadero
Granite Construction Company
EXHIBIT E
Insurance Requirements
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG
0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code
1 (any auto)
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability insurance (for lessees with employees).
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
E-1
i
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the
contractor; and with respect toliability arising out of work or operations performed by on on
behalf of the Contractor including materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance or as a separate owner's policy(CG 20 10 11 85)
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
4. Coverage shall not extend to any indeminity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision(b) of Section 2782 of the Civil Code.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M.Best's rating of no less than ANII.
Additional Insured
The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the
City's name to the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the City or on
other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
E-2