AGREEMENT

THIS AGREEMENT, made and entered into this ________day of ______________, 20___ (“Effective Date”), by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and , hereinafter called “Contractor.” City and Contractor are also referred to individually as a “Party” or collectively, as the “Parties”

WITNESSETH, that the Parties hereto do mutually agree as follows:

ARTICLE I

That for and in consideration of the covenants and agreements herein contained and the payments at the prices stated in the Bid attached hereto as Exhibit A, and by this reference made a part hereof, the Contractor hereby covenants and agrees to furnish any and all required supervision, labor, equipment, material, services, and transportation, as set forth in the Contract Documents as hereinafter defined, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified, and to complete:

Install Concrete Pad for Metal Storage Building at Fire Station #3, c212306

(the “Project”) in strict conformity and compliance with the Contract Documents, and to do everything required by this Agreement, and by said Contract Documents as hereinafter defined (the “Work”).

Contractor represents and warrants that Contractor: (i) is fully experienced, properly qualified, and fully licensed to perform the Work provided for herein, (ii) has the financial capability required for the performance of the Work, and (iii) is properly equipped and organized to perform the Work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement. Contractor shall supply all necessary labor, tools, materials, supplies, and equipment to skillfully and competently perform the required Work. The materials and equipment furnished and used shall be new and unused and of the highest commercial quality currently available. The materials and equipment shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the work specifications

ARTICLE II

It is expressly agreed and understood by each and every party to this Agreement that the following documents are hereby incorporated and made a part of this Agreement (hereinafter the “Contract Documents”): Comment by Victoria Thompson: Verify if items in blue are required for project. If so, include. If not, delete reference.

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each.

3. This Agreement, including:

a. Exhibit A – Contractor’s Bid, including all attachments

4. Labor and Material Bond (Payment Bond)

5. Performance Bond

6. Insurance Certificates, including Contractor’s Certificate Relating to Worker’s Compensation

7. Good Faith Effort Statement for Local Hire

8. Local Hiring Statement

9. Invitation For Bids for Install Concrete Pad for Metal Storage Building at Fire Station #3, c212306, including the Project Specifications, Scope of Work, drawings, and plans, all Exhibits, and all Addenda in the reverse order of date of issuance

10. General Conditions

11. Standard Specifications, as hereinafter defined, including the City Specifications and all applicable State Specifications and/or Drawings

The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III

It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Santa Cruz and incorporated herein by reference, entitled: Comment by Megan Nutt: @Robert Dericco is this correct for our project? Comment by Robert Dericco: Yes, if a scope that is not covered by the plans comes up the contractor needs to know that if a detail exists within the PW or Water specs that they need to adhere to them

1. City of Santa Cruz Department of Public Works, Department of Parks and Recreation, and Water Department 2002 Standard Specifications (“City Specifications”);

Where conflicts arise between the City’s Standard Specifications and the State Specifications, the City’s Standard Specifications shall control and apply.

Where conflicts arise between the City’s Standard Specifications and this Agreement, the terms of this Agreement shall control and apply.

ARTICLE IV

City will pay Contractor for actual and complete performance of the work and services at the rates and fees set forth in the Bid detailed in Exhibit A, attached to this Agreement. Contractor will not be reimbursed for any costs or expenses at any rates that exceed the amounts set forth in Exhibit A, unless agreed to by the City through a written change order. The total fees for the scope of work shall not exceed the following amount: $ . The Parties acknowledge that the Contract Price set forth herein reflects a minor adjustment from the contracted bid amount in Exhibit A, arising solely from a bid tabulation correction and not from a change in scope, quantity, or work to be performed. The Contract Price set forth herein shall govern all payments, retentions, and adjustments made under this contract. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Contractor in the scope of work to complete the Project.

ARTICLE V

Contractor shall commence work within ten (10) days after receipt of a written Notice to Proceed from the City and complete the Work within 30 working days, based on an agreed upon work schedule. The Agreement shall terminate upon the completion of Contractor’s work, unless terminated sooner pursuant to the terms of this Contract. Comment by Megan Nutt: @Robert Dericco Does this match what we put in the IFB? Does this match their project schedule? Wondering if 30 days is too short of a window Comment by Robert Dericco: Looking in opengov, the sample agreement did not state working days. Nor is it specified in the scope of work description. We can invite American Project Solutions to provide a working day number.

30 working days is six weeks. I would imagine it is sufficient to do the work.

ARTICLE VI

Contractor shall conform to all laws and regulations of the United States and the State of California, as well as laws of Santa Cruz, as may be applicable to the Project. In addition, the City Council of the City of Santa Cruz endorses the MacBride Principles and the Peace Charter and encourages all companies doing business in Northern Ireland to abide by the MacBride Principles.

ARTICLE VII

The City hereby contracts to pay said Contractor the prices provided for in Exhibit A in the manner, to the extent, and at the times set forth in the Contract Documents. Contractor shall not undertake any work beyond the scope of work set forth in Exhibit A unless such additional work is approved in advance and in writing by City in the form of a change order.

ARTICLE VIII

It is agreed by the parties hereto that the acceptance of the Contractor's performance will be made only by an affirmative action of the City of Santa Cruz City Council in session, evidenced by resolution, and upon the filing by the Contractor of a Release of all Claims of every nature on account of work done under this Agreement, together with an affidavit that all claims have been fully paid. The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising out of or in connection with this Agreement.

ARTICLE IX

To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless the City, its officials, officers, and employees from and against any and all claims, demands, actions, damages, or expenses, (including attorney’s fees and costs) arising in any way related to the obligations or performance of this Contract by the Contractor, Contractor’s employees, subcontractors, or agents, except where caused by the sole or active negligence, or willful misconduct of the City. Contractor’s obligation under this Article VII of the Contract to defend shall arise regardless of any claim or assertion that City and its related parties caused or contributed to any claims.

The obligations of the Contractor under this Article IX shall survive expiration or termination of this Contract to the fullest extent permitted by law.

This indemnification clause supersedes any other indemnification clauses contained in any other Contract Documents.

Contractor shall require its subcontractors to agree to the indemnification obligations stated in this Article VII to the same extent and under the same terms and conditions as Contractor is required to defend, indemnify, and hold harmless City, its officials, officers, and employees, as stated herein.

ARTICLE X

Contractor agrees to procure and maintain the insurance coverages and limits, as required by City prior to the commencement of Work, as specified in Exhibit B.

ARTICLE XI

Article Intentionally Omitted

ARTICLE XII

Any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon either Party in connection with this Agreement shall be in writing. In addition to providing a courtesy notice via email, such notice shall be personally served, or sent by reputable overnight delivery service, such as Federal Express, or sent by priority U.S. mail, and notice shall be deemed given: (a) if personally served, when delivered to the Party to whom such notice is addressed; (b) if sent by reputable overnight delivery service, such as Federal Express, when delivered, (c) if sent by priority U.S. mail, notice shall be deemed delivered on the fifth business day after deposited with the U.S. Postal Service. Such notices shall be addressed to the Party to whom such notice is to be given at the Party’s address set forth below or as such party shall otherwise direct in writing to the other Party delivered or sent in accordance with this Section.

Attention: Megan Nutt Telephone: (831) 420-5208 230 Walnut Ave Santa Cruz, CA 95060 Email: mnutt@santacruzca.gov

If to Contractor:

Business Name Attention: Personnel Name Telephone:

Email:

A Party must provide written notice to the other of any changes to the above information.

ARTICLE XIII

General Terms

1. Contractor’s Records. City shall have the right to access and review records of Contractor and subcontractors related to the work on this Project for at least three years (or longer as otherwise specified) after issuance of final payment under this Agreement. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.

2. Independent Contractor. Contractor represents that it has or will secure at its own expense all personnel, materials, and related services required to perform the services under this Agreement. Contractor (and its employees, agents, representatives, and subcontractor(s)), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. Contractor, not the City, shall have exclusive and complete control over its employees and subcontractors, and shall determine the method of performing the services hereunder. City, however, retains the right to require that work performed by Contractor meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof.

3. Compliance with Laws. All activities of Contractor will be carried out in compliance with all applicable federal, state, and local laws and regulations, including applicable ordinances and resolutions. City, and its officials, officers, and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

4. Contractor Not an Agent. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity pursuant to this Agreement to bind the City to any obligation whatsoever.

5. Conflict of Interest. Contractor agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Contractor acknowledges that it is aware of and agrees to comply with the provisions of the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Contractor will immediately advise the City if Contractor learns of a conflicting financial interest of Contractor’s during the term of this Agreement.

6. Remedies. Either Party shall be entitled to all remedies afforded by law or in equity to enforce their respective rights under this Agreement. No right or remedy in this Agreement are intended to be exclusive of any other right or remedy, but every such right or remedy shall be cumulative and shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law, in equity or in the Agreement.

7. Assignment and Successors. Contractor shall not assign any portion of the work required by this Agreement nor otherwise assign or transfer any interests in it without prior written approval of City, which may be withheld or delayed in City’s sole and absolute discretion. This Agreement will be binding on the heirs, legal representatives, successors and assigns of the Parties named herein.

8. Amendment. Except as otherwise provided in this Agreement, neither this Agreement nor any provision hereof may be waived, modified, amended, or discharged, or terminated except by an instrument in writing signed by the Parties, and then only to the extent set forth in such writing.

9. Complete Agreement. This Agreement, along with the terms and conditions in the Contract Documents and any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

10. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

11. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

12. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The Parties hereby agree that any action or proceeding to enforce any provision of this Agreement shall be brought only in the appropriate state or federal court located in Santa Cruz County, California.

13. Time. Time is of the essence for each provision of this Agreement.

14. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

15. Counterparts. This Agreement may be executed in counterparts, which, together, shall constitute one and the same instrument. Electronic, facsimile and scanned pdf signatures and copies of this Agreement shall be accepted as originals.

16. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

Signature Page to Follow

IN WITNESS WHEREOF, this Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Contractor has affixed his/her signature hereto the day and year first hereinabove written.

Approved as to Form by:

Date:

Office of the City Attorney

For Company:

For CITY OF SANTA CRUZ, a municipal corporation

Date:

Matt Huffaker, City Manager

EXHIBIT A - Sample

CONTRACTOR’S BID

Company Name Pricing unsealed at date & time

CONTACT INFORMATION

Company Email

Contact Address Phone Website Submission Date Date & Time

ADDENDA CONFIRMATION

Addendum #1

QUESTIONNAIRE

Bid Form* By confirming, the proposer is affirming to the following:

The undersigned, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Invitation for Bids for Metal Storage Building at Fire Station #63" at the prices indicated herein.

The bidder, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this bid.

The bidder declares under penalty of perjury that she/he is authorized to sign this document and bind the business or organization to the terms of this bid.

The bidder recognizes the right of the City of Santa Cruz to reject any or all bids received and to waive any informality or minor defects in bids received.

The bidder declares under penalty of perjury that the information contained in this Bid and all accompanying documents are true and correct.

☐ Please confirm *Response required Non-Collusion Declaration* By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm *Response required Compliance Failure to comply with the City’s Terms and Conditions and Insurance Requirements may disqualify your bid.

By confirming, the bidder's company accept the City's Standard Terms and Conditions.* ☐ Please confirm *Response required By confirming, the bidder's company accept the City's Insurance Requirements.* ☐ Please confirm *Response required Contractor and all subcontractors currently registered with the California Department of Industrial Relations (DIR) as required by Labor Code Section 1725.5 ☐ Yes ☐ No General Information Year Business Established* *Response required Number of Employees* *Response required Annual Sales* *Response required Federal Tax ID* *Response required Delivery The City can expect that regular deliveries to occur:

Select all that apply ☐ Morning 8am-12pm ☐ Early Afternoon 12pm-3pm ☐ Late Afternoon 3pm-5pm References* List a minimum of three references that have procured similar items or services from your business. Provide company or agency name, contact name, phone number, and email address for each reference.

*Response required

Emergency Contact Information* Please include the following information for the Emergency Contact

· Emergency Contact

· Email

· Cell Phone

· Night Phone *Response required List all subcontractors to be used. If you will subcontract portions of the work, list all subcontractors below. Include business name, address and phone number.* *Response required Environmental Conservation and Sustainable Living The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living. This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, and General Plan goals which define greenhouse gas reduction objectives. Provide information regarding environmental conservation practices, Green Business certifications, alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

Optional “Piggyback” Contracting* Indicate whether your business will extend the pricing, terms and conditions of this bid to other government agencies, if you are the successful bidder. Your business would be required to make this contract available to interested agencies. Interested government agencies may enter into their own contract with the successful Contractor. They may negotiate minor changes in terms and conditions.

Will your business extend the same prices, terms and conditions to other public agencies?

☐ Yes ☐ No *Response required City of Santa Cruz Business Tax Certificate Contractor will maintain a current City of Santa Cruz business tax certificate if:

A. Contractor is located in the City of Santa Cruz; or B. Contractor performs physical work in the City of Santa Cruz for 6 or more days annually; or C. Contractor uses company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, call the Revenue division at 831/420-5070.

Contractor's Sale and/or service contract (Optional) A copy of any sales and/or service contract that the Contractor will require during the execution of any contract resulting from this solicitation. Any terms that contradict the City’s terms and conditions or contain provisions that are determined not to be in the best interest of the City will disqualify the Contractor.

Does your company have a City of Santa Cruz Business Tax Certificate?* ☐ Yes ☐ No *Response required When equals "Yes"

City of Santa Cruz Business Tax Certificate Number* *Response required When equals "Yes" Expiration Date* *Response required

LOCAL PREFERENCE CERTIFICATION

Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses To qualify for the 2% local business preference, a business must meet the following criteria:

Does the business have an office with at least one employee located in the City of Santa Cruz?* ☐ Yes ☐ No *Response required When equals "Yes" Business Address:* *Response required Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz? * ☐ Yes ☐ No *Response required Does the business hold a valid City of Santa Cruz business license?* ☐ Yes ☐ No *Response required When equals "Yes" DBA/license number:* *Response required Locally Owned Businesses To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.

· Owner Name, County By submitting information for Local Preference, I represent that I qualify as a (check all that apply):* ☐ Local Business ☐ Locally Owned Business ☐ None of the above *Response required I understand that by submitting false information or failing to disclose material information in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and 2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.* ☐ Please confirm *Response required Acknowledgment of Addenda and Questions and Answers* In order to submit a bid, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

☐ Please confirm *Response required California Levine Act Statement California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any member of the City Council of the City of Santa Cruz from participating in any action related to a contract if they receive any political contributions totaling more than $250 within twelve (12) months before or after the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Answering YES to either of the two questions above does not preclude the City of Santa Cruz from awarding a contract to your firm or taking any subsequent action related to the contract. It does, however, preclude the identified City Council Member(s) from participating in any actions related to this contract.

Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to an Officer of the City of Santa Cruz in the twelve (12) months preceding, the date of the submission of your proposals or the anticipated date of any council action related to this contract? * ☐ Yes ☐ No *Response required When equals "Yes" If yes, please identify the Council Member(s): * *Response required Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Member of the City Council in the twelve (12) months following any City Council action related to this contract? * ☐ Yes ☐ No *Response required When equals "Yes" If yes, please identify the Council Member(s): * *Response required

BID FORM / PRICE TABLES

[*] Denotes item is taxable Sales Tax (@ 9.75%)

TOTAL

EXHIBIT B

INSURANCE AND BOND REQUIREMENTS

Contractor/Subcontractor shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Contract and the results of that work by Contractor, its employees, subcontractors, and agents.

A. CERTIFICATE REQUIREMENTS

The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:

· The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Avenue, Suite 290, Santa Cruz, CA 95060,

· Certificate will be signed by an authorized representative,

· An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and

· Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Contractor maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Contractor shall procure and maintain insurance coverage and surety bonds during the term of the Contract as follows:

1. Commercial General Liability Insurance. (CGL): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE. Proof of coverage for $2 Million per occurrence and $1 Million in the aggregate, including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.

2. Automobile Liability Insurance. Proof of coverage for not less than $1,000,000 per accident for bodily injury and property damage provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9).

3. Workers’ Compensation and Employer’s Liability Insurance. Worker’s Compensation as required by the Labor Code of the State of California with statutory limits, and Employer’s Liability Insurance for all employees in workplaces involved in this Contract in the amount of, at least, $1,000,000 per accident for bodily injury or disease. The Certificate of Insurance shall include waiver of subrogation endorsement in favor of the City for all work performed by the Contractor and its employees.

(Not required if Contractor provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of LiabilityWorkers’ Compensation Exemption Declaration and Release of Liability.

4. Surety Bond.

a. Contractor shall provide a Labor and Material (Payment) Bond in a sum equal to the contract price, unless otherwise approved by City.

b. Contractor shall provide a Performance Bond in a sum equal to the contract price, unless otherwise approved by City. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary.

c. If the warranty period specified in the contract is for longer than one year, a Maintenance Bond equal to 10% of the contract price is required.

d. Bond(s) shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Bonds must also be notarized by both Contractor and Surety.

5. Other Requirements.

a. Additional Insured Endorsement. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL, CPL, and automobile insurance (if transporting hazardous materials) policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).

b. Primary Insurance. For any claims related to this Contract, Contractor’s insurance shall be primary and non-contributory as respects City, its officials, officers, and employees, individually and collectively. Any insurance, self-insurance, or other coverage maintained by the City, its officials, officers, or employees shall be in excess of Contractor’s insurance and shall not contribute to it.

c. Waiver of Subrogation. Contractor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

d. Notice of Cancellation. The policies specified above are to state that coverage shall not be canceled by either party, except after prior written notice to the City.

e. Self-Insured Retentions. Any self-insured retention must be declared to and approved by the City. City may require Contractor to provide proof of ability to pay losses and related expenses.

f. Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-VII or equivalent or as otherwise approved by CITY.

g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

h. Excess Liability/Umbrella Insurance Policies.

Contractor may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

i. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

j. Verification of Coverage. Contractor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, CPL, and automobile Policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

k. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

INSTALL CONCRETE PAD FOR METAL STORAGE BUILDING AT FIRE STATION #3

PROJECT NO. c212306

INSTALL CONCRETE PAD FOR METAL STORAGE BUILDING AT FIRE STATION #3

PROJECT NO. c212306

LABOR AND MATERIAL BOND

WHEREAS, as the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), has awarded to COMPANY hereinafter designated as the “Principal”, a contract for constructing the work or improvement described in the contract documents entitled: INSTALL CONCRETE PAD FOR METAL STORAGE BUILDING AT FIRE STATION #63, adopted by the City Council of the City DATE and

WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and

WHEREAS, the said Principal is about to enter into the contract with the City to complete the work or improvement referred to above for the City, all as more particularly and in detail shown upon the Contract Documents filed in the Office of the City Clerk of the City:

NOW, THEREFORE, we, the Principal, and , a corporation organized and existing under and by virtue of the laws of the State of and an admitted surety insurer by the California State Department of Insurance, as “Surety”, are held and firmly bound unto the City of Santa Cruz in the sum of dollars ($), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City of Santa Cruz, for payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment, or fails to pay any subcontractor, as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or its subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.

The 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 shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this day of , 20_____, and duly signed by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

Notice to Surety:

Address: ______________________________________________________________________

Contact Person: ________________________________________________________________

Email: _________________________ Phone No.: ________________________________

I hereby approve the form of the within bond.

Office of the City Attorney Date

(Note: Signatures of those executing for the Principal and Surety must include a Notary Acknowledgement.)

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California ) County of _____________________ )

personally appeared ____________________________________________________________, who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

personally appeared ____________________________________________________________, who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

FAITHFUL PERFORMANCE BOND

WHEREAS, the City Council of the City of Santa Cruz, a municipal corporation in the County of Santa Cruz, State of California (the “City”), and COMPANY hereinafter designated as “Principal” have entered into an agreement whereby Principal agrees to install and complete the work or improvement described in the contract documents entitled: INSTALL CONCRETE PAD FOR METAL STORAGE BUILDING AT FIRE STATION #63, adopted by the City Council of the City on August 25th, 2026; and

WHEREAS, said Principal is about to enter into the annexed agreement with the City as is required to furnish security for the faithful performance of said Agreement.

NOW, THEREFORE, we, the Principal, and , a corporation organized and existing under and by virtue of the laws of the State of and an admitted surety insurer by the California State Department of Insurance, as “Surety”, are held and firmly bound unto the City, in the sum of ($177,001.28), such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the City, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents;

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and will indemnify and save harmless the City, its officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there will be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City.

As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ($ ), will remain in full force and effect, otherwise the obligation will be discharged. However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will continue so long as any obligation of the Principal remains.

The 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 will in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code § 2819.

IN WITNESS WHEREOF, the parties have executed this instrument under their seals this day of , 20___, and duly signed by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

Notice to Surety:

Address: ______________________________________________________________________

Contact Person: ________________________________________________________________

Email: _________________________ Phone No.: ________________________________

I hereby approve the form of the within bond.

Office of the City Attorney Date

(Note: Signatures of those executing for the Principal and Surety must include a Notary Acknowledgement.)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

personally appeared ____________________________________________________________, who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this…