Construction_Contract_(11.7.22)_(4).pdf

CONSTRUCTION CONTRACT

Terms in this Contract:

Project:

Agency:

Property:

CFDA Number:

Funding Source:

Architect:

Contractor:

THIS CONTRACT, made this , by and between this Contractor and the Agency.

WITNESSETH, that this Contractor and the Agency, for the consideration stated herein, mutually agree as follows:

ARTICLE 1: SCOPE OF WORK

This Contractor shall furnish all labor, materials, equipment, and services, and perform and complete all work required in strict compliance with the Project Contract Manual, Technical Specifications Manual, Drawings, and/or any Addenda for the above referenced project, which are incorporated herein and made a part thereof for the work described on the Agency owned Property.

ARTICLE 2: CONTRACT PRICE

The Agency shall pay this Contractor for the performance of this Contract, in current funds, subject to additions and deductions as provided in the Specifications, the Total sum of

DOLLARS ($ ).

This Contract price shall be complete, including, if applicable, fees for building permits and including all other fees, necessary for the proper execution of the work as specified in Bid Form.

ARTICLE 3: INSURANCE REQUIREMENTS

Failure to maintain the required insurance coverage is a material breach of this Contract.

Agency shall nevertheless, have the right, without obligation, to pay any delinquent insurance premiums and any other charges to reinstate or maintain the required insurance policies and coverage. Vendor must immediately reimburse Agency for any and all costs incurred by Agency in obtaining or maintaining such insurance. If Agency does incur such costs, Agency shall have the right to withhold such amount from any payment due to the vendor under this Contract and to reduce the compensation payable to the vendor under this Contract by such amount.

The Contractor will provide the Agency with the cancellation clause and/or any amendatory endorsements that modify or change the policy cancellation clause of the insurance policies in force. It is the Contractor’s responsibility to notify the Agency of any notice of cancellation, non-renewal or non-payment of premium in accordance with your policy provisions. In the event insurance is cancelled or not renewed, the Contractor shall notify the Agency within forty-eight

(48) hours of such cancellation or non-renewal.

Contractor’s Initials

ARTICLE 4: INDEMNIFICATION

The Contractor shall hold harmless, defend at its own expense, and indemnify Agency/Authority, to extent permitted by law, against any and all liability, claims, losses, damages or expenses, including reasonable attorney fees, arising from all acts or omissions to act of the Contractor or its employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages or expenses arising from Agency’s/Authority’s sole negligence or willful acts. This indemnification provision shall survive the term of this Contract.

ARTICLE 5: CALIFORNIA LABOR CODE REQUIREMENTS

The Contractor and all Subcontractors, of any tier, must comply with the requirements of the California Labor Code including but not limited to Sections 1771, 1774, 1775, 1776, 1777.5, 1813 and 1815. Contractors are required to register with the Department of Industrial Relations (DIR). Notwithstanding any other requirements (including federal labor requirements), this contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

ARTICLE 6: CONTRACT DOCUMENTS

This Contract shall consist of the following attached component parts:

General Conditions for Construction Contracts (HUD-5370 Supplemental General Conditions for Construction Contracts Labor Standards Public Works: California Labor Code Wage Decision Prevailing Wages List of Designated Subcontractors Bid Guarantee or Bid Bond General Liability, Automotive Liability & Workmen’s Compensation Insurance Certificates Bid Result Spreadsheet

Incorporated in Contract by Reference (if applicable):

Notarized Non-Collusion Affidavit of Prime Bidder Lead-Based Paint Certification Minority & Women Business Enterprise Requirements Performance Bond Labor & Material Payment Bond Section 3 Declaration of Understanding and Intent to Comply with Section 3 Requirements Section 3 Economic Opportunity Plan Certificate of Substantial Completion Guarantee Form

Notarized Certificate and Release Contract Manual dated Technical Specifications Manual dated Drawings dated Addenda No. , , , , Change Orders approved in writing by Agency/Authority during the course of construction.

Schedule of Amounts for Contract Payments (form HUD-51000).

Periodic Estimate for Partial Payment (form HUD-51001).

Schedule of Change Orders (form HUD-51002) issued during course of construction.

Schedule of Materials Stored (form HUD-51003).

Summary of Materials Stored (form HUD-51004).

This instrument, together with the other documents enumerated in this Article 6, which said other documents are as fully a part of this Contract as if hereto attached or herein repeated, form this Contract.

ARTICLE 7: AUTHORITY

The Contractor has all necessary power and authority to enter into, and be bound by the terms of, this Contract, and the execution, delivery and performance of the undertakings contemplated by this Contract have been duly authorized by the Contractor. If the Contractor is a corporation, trust, limited liability company, or general or limited partnership, each individual executing this Contract on behalf of the Contractor represents and warrants that he or she is duly authorized to execute and deliver this Contract on its behalf.

CONTRACTOR AGENCY

By: By:

Print Name: Print Name:

Title: Title:

APPROVED AS TO FORM:

Agency Counsel

CONTRACTOR

Company Name:

By:

Title:

Tax I.D. #:

License #:

ADDRESS:

(Street)

(City) (State, Zip)

Rev. 11-07-22