Agreeement_for_Marco_to_Populate_Lee_Road_Trail_Phase_1.docx

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Lee Road Trail Phase 1

CT-24-14860 FED. NO. 5031(040)

engineer's estimate text engineer's estimate numbers

Class A

Eda Herrera

Project Manager project manager's phone number project manager's email address bid opening day of week bid opening date bid opening time project description

· Fill in after bid opening

Contractor's Name bid amount text bid amount number council award date resolution number

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FORMAL BID CONTRACT DOCUMENTS

To Be Submitted After Award

CITY OF WATSONVILLE

CALIFORNIA

TABLE OF CONTENTS

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Watsonville, hereinafter designated the Owner, has, on council award date, awarded to Contractor's Name, hereinafter designated as the Principal, a contract for the construction of Project Name, City Project Number, in Watsonville, California.

WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to perform the work contracted to be done, the Surety of this bond will pay the City of Watsonville to the extent hereinafter set forth:

NOW, THEREFORE, WE, the PRINCIPAL and

(Name and address) as Surety, are held and firmly bound unto the Owner the penal sum of bid amount text dollars ($bid amount number), 100% of the contract price, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought upon this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Said surety hereby waives the provisions of Sections 2819 and 2845 or the Civil Code of the State of California.

The faithful performance bond shall remain in effect to guarantee the repair and replacement of defective equipment, materials, and workmanship, and payment of damages sustained by the City on account of such defects, discovered within 1 year after final acceptance by the City, for the work performed under the contact, which shall remain in effect for a period of 1 year, to guarantee the repair and replacement, and payments for damages.

The obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.

THE CONDITION OF THIS OBLIGATION IS SUCH that the company that issues bonds shall be licensed to do business and admitted as a surety in the State of California and shall be a company acceptable to the City.

IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal

(Seal)

Signature for Principal

Title of Signator

Surety

Signature for Surety

Title of Signator

Address of Surety

Telephone No. of Surety

City Attorney

PC-17

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, the City of Watsonville, hereinafter designated the Owner has on council award date, awarded to Contractor's Name, hereinafter designated as the Principal, a contract for the construction of Project Name, City Project Number, in Watsonville, California.

WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, WE, the Principal, and

(Name and address) as Surety, are held and firmly bound unto the Owner the penal sum of bid amount text dollars, ($bid amount number), 100% of the contract price for contracts up to $5 million; or 50% of the contract price for contracts from $5 million to $10 million; or 25% of the contract price for contracts above $10 million, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I, of the Government Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Government Code, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in the event suit is brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under said Government Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

The obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.

THE CONDITION OF THIS OBLIGATION IS SUCH that the company that issues bonds shall be licensed to do business and admitted as a surety in the State of California and shall be a company acceptable to the City.

IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly singed by its undersigned representatives, pursuant to authority of its governing body.

Principal

Signature for Principal

Title of Signator

Surety

Signature for Surety

Title of Signator

Address of Surety

Telephone No. of Surety

City Attorney

AGREEMENT

For Project Name City Project Number

The following is an agreement between THE CITY OF WATSONVILLE, hereinafter referred to as "CITY" and Contractor's Name, hereinafter referred to as "CONTRACTOR".

WHEREAS, the CITY solicited bids by the Notice Inviting Sealed Bids for Lee Road Trail Phase 1, CT-24-14860 FED. NO. 5031(040), in the manner prescribed by law; and

WHEREAS, after a review of all bids submitted pursuant to said Notice Inviting Sealed Bids, CONTRACTOR's bid on the project was accepted by the CITY as the lowest responsible bidder.

NOW THEREFORE, CITY and CONTRACTOR agree as follows:

1. All provisions of the following documents that are not inconsistent or in conflict with provisions of this Agreement are incorporated herein and made a part hereof:

a. Notice Inviting Sealed Bids, Lee Road Trail Phase 1, CT-24-14860 FED. NO. 5031(040);

b. Bidder's Proposal and declarations submitted therewith;

c. Plans and Specifications set forth in said Notice Inviting Sealed Bids;

d. Addenda, if any; and

e. Contract bonds required in the General Provisions.

2. CONTRACTOR shall furnish all labor, materials, tools, plant, equipment, transportation, services, appliances, and appurtenances for the construction of Lee Road Trail Phase 1, CT-24-14860 FED. NO. 5031(040), IN THE TOTAL AMOUNT OF bid amount text dollars ($bid amount number) in accordance with the plans and specifications therefor as prepared by the CITY and in full accord with the provisions of the Federal, State and local codes.

3. CITY will pay the CONTRACTOR progress payments and the final payment, in accordance with the method set forth in the General and Special Provisions, with warrants drawn on the appropriate fund or funds as required, according to the prices as bid and accepted, based upon the plans and addenda. Final payment shall not be due and payable until the project is completed to the entire satisfaction of the CITY.

4. CONTRACTOR shall commence the work within the time span specified in section 8.3, "Beginning of Work," of the General Provisions after receiving notice that the contract has been approved and shall diligently pursue the work to completion within the time specified in section 1.8, "Progress and Payment," of the Special Provisions plus any authorized time extensions, and to the entire satisfaction of the CITY before final payment is made.

5. Time is of the essence and it is agreed that liquidated damages shall be paid to the City of Watsonville in the amount specified in section 1.8, "Progress and Payment," of the Special Provisions for each and every calendar day that the completion of the project is delayed beyond the time specified in section 1.8, "Progress and Payment," of the Special Provisions plus any authorized time extensions.

6. CONTRACTOR will pay, and will require all subcontractors to pay, all employees on said project a salary or wage at least equal to the prevailing salary or wage established for such work.

7. CONTRACTOR shall forfeit to the CITY, as a penalty, fifty dollars ($50.00) for each calendar day or portion thereof for each employee paid (either by the CONTRACTOR or any subcontractor retained by the CONTRACTOR) less than the prevailing rate set forth herein on the project, as provided for in this agreement, all in accordance with Section 1775 of the Labor Code.

8. In the performance of this contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder, except as provided in the Labor Code. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code and the CONTRACTOR shall forfeit to the CITY as penalty the sum of twenty‑five dollars ($25.00) for each employee employed in the execution of this contract by the CONTRACTOR or any subcontractor retained by the CONTRACTOR for each calendar day during which any employee is required or permitted to labor more than eight (8) hours in violation of said Article.

9. CONTRACTOR shall carry Workmen's Compensation insurance and require all subcontractors to carry Workmen's compensation insurance as required by the Labor Code.

10. CONTRACTOR is an independent Contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the CITY. CONTRACTOR shall not assign, sublet, transfer, or otherwise substitute its interest in this Agreement, or any of its obligations hereunder without the written consent of the CITY.

11. CITY shall have no liability for the payment of any salaries, wages, fees, equipment, materials or services provided to the CONTRACTOR by any person or firm.

12. Any notice to CONTRACTOR required by this Agreement shall be deemed to have been given when mailed, certified mail, or delivered to:

(Contractor Name)

(Street Address)

(City, State, ZIP) and notice to the CITY shall be mailed, certified mail, or delivered to:

City of Watsonville Public Works/Utilities Department 250 Main Street Watsonville, CA 95076 Attn.: Director of Public Works/Utilities

13. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, liability, costs, and expenses of whatever nature, including court costs and counsel fees arising out of injury to or death of any person or persons or loss of or physical damage to any property resulting in any manner from the willful acts or negligence of CONTRACTOR, its subcontractors, agents, employees, licensees, or guests in the making or performance of this Agreement.

14. 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 by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

15. CONTRACTOR agrees that he will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. CONTRACTOR agrees to take affirmative action to assure that applicants are employed or retained, and that employees are treated without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: recruitment or recruitment advertising; lay‑off or termination; rates of pay or other forms of compensation and selection for training.

16. The CONTRACTOR shall, prior to the execution of the contract, furnish proof of liability insurance as required and two bonds by an insurance Company that is licensed to do business in the State of California and is acceptable to the City, one in the amount of one hundred percent (100%) of the contract price, to guarantee the faithful performance of the work, and one in the amount noted in the PAYMENT BOND to guarantee payment of all claims for labor and materials furnished. This contract shall not become effective until such liability insurance certificate and bonds are supplied to and approved by the CITY.

17. Notwithstanding any provision to the contrary in the Notice Inviting Sealed Bids or this Agreement, all disputes shall be resolved in the manner set forth in Section 9.10, "Resolution of Disputes" of the General Provisions and as modified by provisions of Special Provision Section 1.9, "Measurement and Payment".

18. Contractor shall guarantee to correct any deficient work product covered within one year after acceptance of completed work by the City. Contractor shall provide a guaranty bond as required.

19. FORM FHWAS-1273. The required federal contract provisions applicable to this FHWA funded project are included as Exhibit A to this Agreement.

20. Federal Wage Determinations. The minimum federal wage determinations applicable to this project are included as Exhibit B in this Agreement.

Terms and Conditions have been reviewed and approval recommended:

Approved by the Watsonville City Council on council award date by Resolution No. resolution number

CONTRACTOR: CITY OF WATSONVILLE

Dated: Dated:

By:

Title City Manager

Approved as to form:

City Attorney

Attest:

City Clerk

Contractor’s City Business License Number

Contractor’s Taxpayer Identification Number

ESCROW AGREEMENT TO SUBSTITUTE SECURITIES FOR WITHHELD FUNDS

Pursuant to Section 22300 of the Public Contracts Code of the State of California

THIS AGREEMENT, made this day of , 20 , by and between the CITY OF WATSONVILLE, hereafter called CITY, and Contractor's Name hereafter called CONTRACTOR, having its main office at

WHEREAS, Contractor has been awarded a contract by City for Project Name, City Project Number, and has executed a contract dated , 20 with City under which contract the Contractor is obligated to construct the above project and for which City shall pay Contractor certain progress payments from which moneys will be withhold as retentions to insure performance of the contract by Contractor;

and

WHEREAS, Contractor elects to substitute, at Contractor's expense, certain securities as eligible under Section 16430 of the Government Code or bank or savings and loan certificates of deposit equivalent to the amount withheld from progress payments.

NOW, THEREFORE, the parties agree as follows:

1. City shall hold in escrow the sum of Dollars ($ ) for the account of Contractor, as represented by securities identified below:

2. Contractor shall be the beneficial owner of any securities held by City substituted for moneys withheld and Contractor shall receive any interest thereon.

3. City will not pay out or release any escrow funds or securities except as provided in the Agreement.

4. In the event Contractor or Contractor's agents fail to perform each and every obligation of its contract with City in the manner and within the time set forth in the contract for the project, the entire amount of escrow funds or securities held in escrow shall become the property of the City upon certification from the Public Works/Utilities Director that Contractor has failed to perform its contract with City and Contractor has been given 30 calendar days written notice of its default under the contract. The escrow funds and securities which become the property of City shall be used and retained by City for the purpose set forth in the contract regarding withholding and retention of funds from progress payments, and such provisions are incorporated herein as if fully set forth.

5. Upon satisfaction in full and the time expiration set forth in the contract regarding withholding and retention of funds from progress payments, the amount held in escrow or securities held by City for the benefit of Contractor shall be released to Contractor by City upon certification of the Public Works/Utilities Director that Contractor has fully performed all obligations under the contract with the City.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written.

APPROVED AS TO FORM CITY OF WATSONVILLE

By City Attorney

CONTRACTOR

Type Name

By

Title

SAMPLE INSURANCE CERTIFICATE

Policy Number: Commercial General Liability

THIS ENDORSEMENT CHANGES THE POLICY ‑ PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ‑ OWNERS, LESSEES OR CONTRACTORS (FORM B).

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Name of Person or Organization:

City of Watsonville, its appointed and elected officials, and its employees

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.

The insurance provided herein is primary coverage to the certificate holder with respects to any insurance or self insurance programs maintained by the certificate holder, and no insurance held or owned by the certificate holder shall be called upon to contribute to a loss.

CG 20 10 11 85

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