Construction_Contract_Template_(2).pdf

City-Funded Projects Project No. NUMBER B.P. Revised 01/2020 C-1 MONTH & YEAR OF CONTRACT AWARD

CONTRACT

THIS CONTRACT, dated for convenience this _____ day of _____ 20___, by and between

CONTRACTOR

ADDRESS LINE 1

ADDRESS LINE 2

hereinafter referred to as “Contractor,” and the CITY OF HAYWARD, a municipal corporation located in the County of Alameda, State of California, hereinafter referred to as “City,”

W I T N E S S E T H:

That for and in consideration of the promises and agreements hereinafter made and exchanged the City and the Contractor agree as follows:

Contractor will furnish the necessary labor, materials, tools, and equipment and perform all the work required for

PROJECT NAME Project Project No. NUMBER in accordance with U.S. Department of Commerce Economic Development Administration Standard Terms and Conditions for Construction Projects (February 12, 2016), the plans and special provisions for said project, and also in accordance with the adopted Standard Specifications, Standard Plans and Standard Details of the City of Hayward, all of which are on file in the office of the City Clerk of said City of Hayward, and the proposal of said Contractor filed in the office of said City Clerk on BID OPENING DATE, which plans, special provisions, standard specifications, standard plans, standard details, and proposal are hereby referred to for further particulars and by such reference made a part hereof.

In the performance of the work and the furnishing of labor in connection therewith, it is understood and agreed that all of the rights, duties, and obligations imposed upon Contractor by Division 2, Part 7, Chapter 1 of the Labor Code of the State of California (Sections 1720 to 1861) shall be applicable.

For convenience only and not to limit the application of the aforesaid State Labor Code provisions, the following of said provisions have particular application:

Article 1 - "Scope and Operation" (1720-1740) Article 2 - "Wages" (1770-1780) Article 3 - "Working Hours" (1810-1815) Article 5 - "Securing Workers' Compensation" (1860-1861)

B.P. Revised 01/2020 C-2 MONTH & YEAR OF CONTRACT AWARD

The Contractor shall carry Workers' Compensation insurance and require all subcontractors to carry Workers' Compensation insurance, as required by Section 3700 of the Labor Code of the State of California.

The Contractor and his subcontractors shall pay their employees not less than the minimum prevailing wage rates predetermined by the Director of the Department of Industrial Relations, which rates are filed in the Office of said City Clerk, incorporated herein by this reference and made a part hereof.

The City shall pay to Contractor the price or prices stated, specified and set forth in the bid or bids of Contractor. Payment shall be made by City to Contractor in progress payments in amounts and at the time set forth in said specifications.

IN WITNESS WHEREOF, the said Contractor has executed this contract, and the City of Hayward, by and through its City Manager, so authorized to act, has caused the same to be executed.

(Print/Type Company Name)

(Print/Type Name of Company Official)

Signature of Company Official

APPROVED AS TO FORM:

Michael Lawson City Attorney

Alex Ameri Director of Public Works

CITY OF HAYWARD

a municipal corporation, BY:

Kelly McAdoo City Manager

ATTEST:

Miriam Lens City Clerk

B.P. Revised 01/2020 C-3 MONTH & YEAR OF CONTRACT AWARD

BOND NO.

PROJECT NO. NUMBER

LABOR AND MATERIALS BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Hayward (hereinafter referred to as “City”) has been awarded to CONTRACTOR, FULL ADDRESS, (hereinafter referred to as “Contractor”) an agreement for PROJECT NAME Project, Project No. NUMBER (hereinafter referred to as the “Project”).

WHEREAS, and the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated PLANS & SPECS COUNCIL APPROVAL DATE (CHECK RESO), (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and

WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for labor performed and materials furnished for the aforesaid work and for amounts due under the Unemployment Insurance Act of the State of California with respect to such work, NOW THEREFORE, we, CONTRACTOR, the undersigned Contractor, and

, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound to all persons furnishing any materials or supplies used in, upon, for, or about the performance of the aforesaid work under the aforesaid contract, and all persons performing any work or labor of any kind thereon, and all persons entitled to receive any sums of money due under the Unemployment Insurance Act of the State of California with respect to such work or labor, and all other persons, if any, entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California with respect to such materials, supplies, work, or labor, unto the City in the sum of AMOUNT OF CONTRACT IN WORD FORM dollars, $DOLLAR AMOUNT, said sum being not less than one hundred ten percent (110%) of the total amount of the Contract, for which amount well and truly to be made, we and each of us bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its subcontractors shall fail to pay for any materials or supplies used in, upon for or about the performance of the aforesaid work under the aforesaid contract or for any work or labor of any kind thereon, or for any sums of money due under the Unemployment Insurance Act of the State of California with respect to such work or labor, or for any sums of money due persons entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California with respect to such materials, supplies, work, or labor, the aforesaid Surety will pay the same in an amount not to exceed the sum of this bond specified above.

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

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor of Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project.

B.P. Revised 01/2020 C-4 MONTH & YEAR OF CONTRACT AWARD

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and Surety above named on the ______ day of __________________________ 2023 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/CONTRACTOR: SURETY:

[Name of Contractor]

[Name of Surety]

Signature

Signature of Attorney-In-Fact

[Name] [Name of Attorney-In-Fact]

[Title]

SEAL

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

B.P. Revised 01/2020 C-5 MONTH & YEAR OF CONTRACT AWARD

BOND NO.

PROJECT NO. NUMBER

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Hayward (hereinafter referred to as “City”) has awarded to CONTRACTOR, FULL ADDRESS, (hereinafter referred to as “Contractor”) an agreement for PROJECT NAME Project, Project No. NUMBER (hereinafter referred to as the “Project”).

WHEREAS, and the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated PLANS & SPECS COUNCIL APPROVAL DATE (CHECK RESO), (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and

WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for faithful performance of said Contract Documents.

NOW THEREFORE, we, CONTRACTOR, the undersigned Contractor, and

, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of AMOUNT OF CONTRACT IN WORD FORM dollars, $DOLLAR AMOUNT, said sum being not less than one hundred ten percent (110%) of the total amount of the Contract, for which amount well and truly to be made, we and each of us bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify, defend and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void;

otherwise it shall 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 shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the Acceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor of Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents;

B.P. Revised 01/2020 C-6 MONTH & YEAR OF CONTRACT AWARD

2) Obtain a Bid or Bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a Contract between such Bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents;

3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a Bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and Surety above named on the ______ day of __________________________ 2023 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/CONTRACTOR: SURETY:

[Name of Contractor]

[Name of Surety]

Signature

Signature of Attorney-In-Fact

[Name] [Name of Attorney-In-Fact]

[Title]

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.