ATTACHMENT 2 – PAGE 1
JOB ORDER CONTRACT
SOURCEWELL
AMENDMENT TO CONTRACT NO. CA-R8-GB-101723-MDI
This attachment sets forth the terms and conditions of Burbank Orange Grove Parking Structure, Work Order No. 136088.00 (Bid Schedule No. 1430) and, as such, these terms and conditions have precedence above all other contract documents pursuant to the order of precedence set forth on Section I, Item D of the General Terms and Conditions.
1. General Terms and Conditions, Section I, Item H, Page 2: HOLIDAYS:
The following list is City of Burbank designated holidays (non-working days).
1. New Year’s Day
2. Martin Luther King, Jr. Day
3. Presidents’ Day
4. Dolores Huerta Day
5. Memorial Day
6. Juneteenth Day
7. Independence Day
8. Labor Day
9. Veterans Day
10. Thanksgiving Day and Day After Thanksgiving Day
11. Christmas Day
In the event that one of the above holidays falls on a Saturday, the Friday immediately before that holiday is considered a non-working day.
If the holiday falls on a Sunday, the Monday immediately following that holiday is considered a non-working day.
2. General Terms and Conditions, Section III, Item A, Page 4: COMPLIANCE:
1. Legal and Contractual. The Contractor shall, at its cost and expense, comply with each and every federal, state and local law, ordinance, code, rule and regulation, as well as the lawful order or decree of any public or quasi-public authority, bearing on the performance of the Work specifically including, but not limited to, those specified in the Safety Practices of these General Terms and Conditions, any applicable workplace safety requirements issued in connection with COVID-19, and all applicable building codes. It shall be the responsibility of the Contractor to familiarize itself with all of the same, and any performance of the Work by or on behalf of the Contractor which is not in compliance therewith shall be at the Contractor's sole risk and expense. The Contractor shall notify the City prior to execution of the Contract (and, without limiting the duty of such prior notice, continuously thereafter) of any instances where the Contract Documents are, or where the Contractor believes the Contract Documents are, not in compliance with the same.
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3. General Terms and Conditions, Section III, Item M, Page 9: SUBCONTRACTORS shall be supplemented to include:
4. The Contractor must comply with the Subletting and Subcontracting Fair Practices Act (Section 4100 et. seq. of the Public Contract Code of the State of California). Any hearing required pursuant to Public Contract Code § 4107 dealing with the substitution of a Subcontractor shall be conducted by the Engineer whose decision shall be final.
4. General Terms and Conditions, Section III, Item R, Page 11: PROTECTION OF PERSONS AND PROPERTY shall be supplemented to include CAL/OSHA requirements:
4. Before the Notice to Proceed, the Contractor shall supply the City with Safety Data Sheets (SDS) for all chemicals to be used in the performance of this Agreement. The City will make available to the Contractor the SDS of any products in use in the areas of work covered by this Agreement. All hazardous materials to be properly disposed of off-site.
5. The Contractor is fully responsible for the safe performance of all Work for which they are contractually committed, whether performed by themselves or by their Subcontractors. The Contractor must provide adequate protection for the health and safety of City employees, the general public and their own personnel. The Contractor must have in place their own Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations. The Contractor must submit the Contractor Certification Form with this Agreement. By signing the certification form the Contractor has certified, under penalty of perjury, such a program is in place. Subcontractors will be required to sign prior to commencing work. California law also requires that the aforementioned program cover all employees and personnel controlled, directed or supervised by the Contractor to the extent that they are exposed to worksite and job assignment specific hazards.
The program shall be written and shall include but not be limited to the following elements:
1. Identification of the person or persons responsible for implementing the Contractor's safety program. List name of the Contractor’s on-site Safety Representative.
2. The Contractor's system for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices.
3. The Contractor's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
4. The Contractors occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment.
5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Contractor of hazards at the worksite without fear of reprisal.
6. The Contractor's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
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7. The Contractor shall keep appropriate records of steps taken to implement and maintain the program such as inspection and training documentation. Contractor shall include inspection checklist and training documentation form.
8. The Contractor shall include procedures to investigate occupational injury or occupational illness.
9. For Construction projects the Contractor shall adopt a written code of safe practices which relates to the employers operations. Tailgate meetings shall be held at least every ten (10) working days with employees/crews.
10. A workplace violence prevention plan conforming to the requirements of Labor Code 6401.7. For more information, please visit https://www.dir.ca.gov/dosh/Workplace- Violence.html.
5. General Terms and Conditions, Section IV, Item L, Page 21: PAYMENT AND PERFORMANCE BONDS:
Contractor shall promptly furnish prior to the issuance of the Purchase Order, at his own cost and expense, the requisite Faithful Performance and Payment Bonds with a responsible Corporate Surety authorized to issue such bonds in California on the bond forms provided by the City and attached hereto, (or form approved by the City Attorney) and subject to approval of the City Attorney.
A. Faithful Performance Bond. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price, including any escalation and continued upon the faithful performance by the said Contractor of all covenants, terms, conditions and stipulations in the manner specified therein, and that all materials used and workmanship employed in the performance of the Agreement shall be free from defects, and that should any defects therein appear within a period of one (1) year from the date of acceptance by the City, the Contractor shall, at his own cost and expense, repair, replace and correct such defects to the satisfaction of the Project Manager within thirty (30) days after notice thereof by the City.
B. Payment Bond. The Contractor shall, in addition to the Faithful Performance Bond, furnish a Payment Bond in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price and shall be conditioned and provide that if the Contractor or his Subcontractors, fails to pay for any materials, transportation, appliances, or utilities used in, upon, for or about the performance of the Work contracted to be done, or for any Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such Work or labor, said Surety will pay the same in an amount not exceeding the sum set forth in this Agreement, and also in case suit is brought upon this bond a reasonable attorney's fee to be fixed by the Court. This bond shall inure to the benefit of any and all persons, firms, and corporations entitled to file claims under and by virtue of the provisions of Section 9100 of the Code of Civil Procedure of the State of California.
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6. General Terms and Conditions, Section IV, Item M, Page 21: TERMINATION OF ORDERS:
1. TERMINATION BY CONTRACTOR
If the City should, without notifying the Contractor of its cause for doing so, fail or refuse to approve an Application for Payment or make payment thereon for a period of thirty (30) days after the same is required to be approved or paid pursuant to the Contract Documents, then the Contractor shall have the right, as its sole and exclusive remedy and upon twenty one (21) working days prior written notice to the City, to terminate this Contract and recover from the City payment for all unpaid Work executed up to the date of termination, including any proven loss of reasonable profits sustained, based upon the percentage of Work completed through the date of termination.
If the City shall cure its said default within such twenty-one (21) working day period, then the Contractor's notice of termination shall thereby be rendered ineffective, and this Contract shall continue in full force and effect. Prior to termination as aforesaid, the Contractor shall not delay or suspend the Work in whole or in part. The Contractor may not terminate this Contract on the grounds that the cause given by the City for failing or refusing to pay is not in accordance with fact or law, it being understood and agreed that the Contractor's sole remedy in such event shall be to seek monetary damages. The Contractor acknowledges that it can be adequately compensated by such monetary damages for any breach of this Contract, which may be committed by the City.
Accordingly, and except as herein above provided, the Contractor expressly agrees that no default, act or omission of the City shall entitle the Contractor to cancel, rescind or terminate this Contract or suspend or abandon its performance of the Work.
2. TERMINATION BY CITY FOR CAUSE
A. If the Contractor should become insolvent, file any bankruptcy proceedings, make a general assignment for the benefit of creditors, suffer or allow appointment of a receiver, refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, ordinances, governmental orders or regulations or the instructions of the City, or if the Contractor should otherwise be guilty of a violation of, or in default under, any provision of the Contract, then the City may, without prejudice to any other right or remedy available to the City and after giving the Contractor and its surety, if any, three (3) working days written notice, terminate the Contract and the employment of the Contractor on the Project, take possession of the Job Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the City may deem expedient. In addition, without terminating this Contract as a whole, the City may, under any of the circumstances set forth above, terminate any portion of this Contract (by reducing, in such manner as the City deems appropriate, the scope of the Work to be performed by the Contractor) and complete the portion of this Contract so terminated in such manner as the City may deem expedient, taking possession of such part of the Job Site and utilizing such materials, equipment, tools, construction equipment and machinery owned by the Contractor as may be necessary to accomplish the same. The Contractor hereby grants to the City the further right: (i) to enter upon any premises or property other than the Job Site in order to take possession of any materials, tools, equipment, machinery or other items intended for incorporation in the Work (or any portion thereof) or for use in the performance thereof; and (ii) to receive an assignment of such subcontracts as the City deems necessary or desirable at the time of termination of this Contract or a portion thereof.
B. If this Contract is terminated pursuant to this Subsection, the Contractor shall not be entitled to receive any further payment until the Work is completed, and the City shall have the same right to retain monies owing to the Contractor as it would have to retain such monies from and against final payments. Upon the Completion of the Work, the City shall make payment to the Contractor, or the Contractor shall reimburse the City, as the case may be. If a portion of this Contract is terminated pursuant to this Subsection, such termination shall not be treated as a reduction in the scope of the Work. Rather, in such event, the City shall deduct or offset against ATTACHMENT 2 – PAGE 5
any monies then or thereafter due to the Contractor an amount determined by the City to be adequate to cover all costs and expenses it will incur in performing, or causing to be performed, the portion of this Contract so terminated. If the City's costs and expenses prove to be less than the amount deducted or offset, the Contractor shall be entitled to the difference unless otherwise provided herein. If the amount then or thereafter due to the Contractor is less than the amount to be deducted or offset and/or if the City's costs and expenses prove to exceed the amount deducted or offset, the Contractor shall pay the difference to the City upon demand.
C. The remedies provided to the City in this Subsection, are in addition to, and not in lieu of, any other rights or remedies available to the City under the Contract Documents, at law or in equity. In the event of any breach of this Contract by the Contractor, and whether or not this Contract is terminated by the City, the Contractor shall be liable for all damages, losses, costs and expenses incurred by the City as a result thereof.
3. TERMINATION BY CITY WITHOUT CAUSE
Without limitation to the provisions of this Article, the City shall have the right at any time, upon not less than three (3) working days’ notice to the Contractor to terminate this Contract without cause and/or for the City's convenience. Upon receipt of such notice of termination, the Contractor shall forthwith discontinue the Work and remove its equipment and employees from the Job Site.
In the event of termination under this Subsection, the Contractor shall have the right, as its sole and exclusive remedy, to recover from the City payment for all unpaid Work executed up to the date of termination, including any proven loss of reasonable profits sustained based upon the percentage of Work completed through the date of termination. In addition, without terminating this Contract as a whole, the City may, for its convenience, terminate a portion of this Contract (by reducing, in such manner as the City deems appropriate, the scope of the Work to be performed by the Contractor), in which event such termination of a portion of this Contract shall be treated as a reduction in the scope of the Work.
7. General Terms and Conditions, Section V, Item A, Page 21: CONTRACTOR'S LABOR AND WAGE RATES (PER BMC 2-2-120 AND CALIFORNIA LABOR CODE SECTION 1782):
A. There shall be paid each craft or type of worker employed by the Contractor or Subcontractor engaged in Work under this Agreement not less than the applicable wage rate, including legal holiday and overtime rates, found and determined by the Director of the Department of Industrial Relations for the State of California, in accordance with the Standards set forth in Section 1773 of the California Labor Code. Copies are available on the Internet at http://www.dir.ca.gov/DLSR/PWD. The Adobe Acrobat Reader (available at http://www.adobe.com) is required to view these pages.
The Contractor shall comply with the provisions of Section 1775 of the Labor Code which, so far as material hereto, reads as follows: “Except as otherwise provided by law, the contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or subcontractor.”
The Contractor and each Subcontractor performing work, in conjunction with this Agreement shall comply with the provisions of Section 1776 of the Labor Code of the State of California.
B. The prevailing wage rates specified by the State of California are minimum rates only, and ATTACHMENT 2 – PAGE 6
the City will not consider any claims for additional compensation made by the Contractor or Subcontractor because of payment by the Contractor or Subcontractor of any wage rate in excess of the applicable rate contained in this Contract.
Should Premium Time Work and/or Time and Material Work not in the Work be required during the progression of this Project, it may be awarded in accordance with those rates or as agreed otherwise between City and Contractor.
C. Eight (8) hours labor constitutes a legal days' work for each worker employed in the execution of this Agreement. The time of service of any worker employed in the execution of this Agreement is limited and restricted to eight (8) hours during any one (1) calendar day, and forty (40) hours during any one (1) calendar week, except as hereinafter provided. The Contractor shall, as a penalty to the City of Burbank, forfeit Twenty-Five Dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions hereof.
Notwithstanding the provisions of Sections 1810 to 1814 of the Labor Code of the State of California, and notwithstanding the foregoing stipulations inserted herein pursuant to the requirements of said Sections, work performed by employees of the Contractor or any Subcontractor in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, in the execution of this Agreement, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, at not less than one and one-half (1-1/2) times the basic rate of pay.
D. The Contractor shall pay to workers needed to execute the Agreement the per diem wages as defined in Labor Code Section 1773.9.
E. Only apprentices who are in training under apprenticeship standards and written apprentice agreements complying with Division 3, Chapter 4, Section 3070, et seq., of the Labor Code, are eligible to be employed in the performance of this Agreement.
The term 'apprentice' as used in this Agreement means a person at least sixteen (16) years of age who has entered into a written agreement with an employer or their agent, an association of employers, or an organization of employees, or a joint committee representing both in conformity with the provisions of Division 3, Chapter 4, Section 3070, et seq., of the Labor Code.
Every apprentice employed in performance of this Agreement shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed and shall be employed only at the work of the craft or trade to which they are indentured.
The Contractor or any Subcontractor performing any of the work under this Agreement who employs journeymen or apprentices in any apprenticeable craft or trade and is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work to be constructed or performed under this Agreement, to which fund or funds other Contractors in that area are contributing, shall contribute to the fund or funds in each craft or trade in which the Contractor or Subcontractor employees journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as other Contractors do, but where the trust fund administrators are unable to accept such funds, Contractors not signatory to the trust ATTACHMENT 2 – PAGE 7
agreement shall pay a like amount to the California Apprenticeship Council.
The Contractor shall be responsible for complying with Section 1777.5 of the Labor Code for all apprenticeable occupations. The Contractor shall conform to all requirements of Sections 1777.5 and 1777.6 of the Labor Code.
F. For further requirements related to matters specifically mentioned above, reference is hereby made to Division 2, Part 7, Chapter 1 of the Labor Code, with which compliance is required and to which reference is hereby made for further particulars.
Item G. Not included about
8. General Terms and Conditions, Section V, Item D and E, Pages 22-23: PARTIAL PAYMENTS and FINAL PAYMENTS:
A. The Contractor shall submit to the City not later than fifteen (15) days after execution of the Contract or, before any Work is commenced under the Contract, whichever occurs first, a Schedule of Values (SOV) representing a breakdown of its bid into appropriate divisions with estimated quantities for each division which shall be subject to the approval and acceptance by the Engineer. This breakdown will be the basis of periodic payments by the City to the Contractor if such payments are requested. If requested, such payments shall be made on a Net 30-day basis.
B. No separate item for profit, administration, overhead or supervision shall be included in the separate divisions of the breakdown. The approved estimate of the Work performed or completed shall only include finished portions of the Work in place.
C. The "Application for Payment" shall be an invoice prepared by the Contractor and submitted to the City in accordance with the Contract Documents. It shall show in detail all monies properly payable to the Contractor in accordance with the previously approved Schedule of Values, including those items of labor, materials and equipment used or incorporated in the Work (and, if the City has agreed in advance in writing, suitably stored at the Job Site or in a bonded warehouse), through and including the Payment Application Date. The Application for Payment shall have, as attachments, waivers of mechanics' and materialmen's liens claims by the Contractor, its Subcontractors and their Sub-subcontractors and suppliers as of the date of submission of the Application for Payment, which waivers shall conform in all material respects with the then current provisions of Sections 8132-8138 of the California Civil Code (or any successor thereto), and such other evidence of performance of the Work, the costs thereof and payment therefor as the City may deem necessary or desirable. The submission of the foregoing waivers and other evidence shall be express conditions precedent to Contractor's entitlement to payment. The "Payment Application Date" shall be that day of each calendar month designated in the Contract when the Contractor shall deliver the "Application for Payment," to the City.
D. The City will make a partial payment upon the request of the Contractor on the basis of an approved Application for Payment of the Work performed during the preceding calendar month under this Contract. The City will retain from such payments five percent (5%) of the amount of each estimate until sixty (60) days after final completion and acceptance by the City of all the Work covered by this Contract. No such estimate or partial payment shall be required to be made when in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in its judgment, the total value of the Work done since the last estimate is less than Twenty-Five Hundred Dollars ($2,500).
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E. Pursuant to Public Contracts Code Section 22300, the Contractor may substitute securities in place of retained funds withheld by the City or, in the alternative, request that the City make payment of retention earned directly to an escrow agent at the expense of the Contractor.
F. It is mutually agreed between the parties hereto that the making of any payment to the Contractor under this Contract or any certificate given shall not relieve the Contractor of its guarantee, obligations or responsibilities under this Contract, or full compliance with the Contract Documents, including the Plans, Drawings, and Specifications, or be construed as accepting any portion of the equipment, materials or Work until the Contract is fully complete and formally accepted by the City.
G. The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment shall pass to the City, free and clear of all liens, claims, security interests or encumbrances, upon the sooner occurrence of: (i) the delivery of any such materials or equipment to the Job Site; or (ii) the tender of payment of the applicable Application for Payment by the City to the Contractor; and that no Work, materials or equipment covered by an Application for Payment shall have been acquired, whether by the Contractor or by any Subcontractor or their Sub-subcontractor, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.
The passage of title to the City as provided herein shall not alter or limit the obligations and duties of the Contractor with respect to the Work and the materials or equipment incorporated therein or used in connection therewith as set forth in the Contract Documents.
H. The Contractor further agrees that the payment of the final amount due under the Contract, and the adjustment and payment for any extra work done and Work in accordance with any changes of the same, shall release the City, its officers, agents and employees from any and all claims or liability on account of the Work performed under the Contract, and any changes thereof, including any extra work.
9. PAYROLL RECORDS:
The Contractor shall comply with the requirements of Section 1776 of the Labor Code, of the State of California. Failure of the Contractor to comply with the Labor Code requirements to pay prevailing wages and to maintain certified payroll records may result in withholding from progress payments amounts for unpaid wages and penalties as authorized by the Labor Code.
10. General Terms and Conditions, Section VII, Item C, Page 25: TAXES; FEES AND LICENSES; ROYALTIES AND PATENTS:
A. The Contractor shall pay, or cause to be paid, all import duties and sales, consumer, use, excise, value added and ad valorem taxes required to be paid in connection with the Work or upon materials, tools or equipment brought to the Job Site or used in the Work. If any of the foregoing taxes are not paid in a timely manner, the City may withhold the amount of any such taxes from any amounts owing to the Contractor under the Contract Documents, submit the amount so withheld to the appropriate taxing authority on behalf of the Contractor or its Subcontractors or their Sub-subcontractors and offset said amount against the Contract Sum.
B. The City will apply for the Plan check or checks, and the Contractor will take out the general construction permit or permits. The Contractor must obtain a no fee permit from the City of Burbank. The Contractor shall be responsible for the payment of any fees for licenses, inspections, or permits that are required by any other public entity. Further, the Contractor shall be responsible for the payment of any applicable City of Burbank license or inspection fees. The Contractor shall coordinate exact requirements with the City.
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C. The Contractor shall pay all royalties and license fees incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others, all of which shall be deemed included in the Contract Price. The Contractor shall not unlawfully use or install any patented or copyrighted articles and shall indemnify the City from and against all actions, suits, judgments, losses, costs or expenses, including attorneys' fees, arising out of any claims for infringement of, or otherwise related to, any patent rights or copyrights. In the event of any injunction or legal action arising out of any such infringement which has the effect of delaying the Work, the City may require the Contractor to substitute such other articles of like kind as will make it possible to proceed with and complete the Work, and all costs and expenses incurred thereby shall be borne by the Contractor. The Bond for Faithful Performance shall expressly apply to this provision.
11. General Terms and Conditions, Section VIII, New Item I, Page 26: EXECUTION COUNTERPARTS:
This Contract may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Contract with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Contract by a Party, and transmitted electronically as described in this Section to the other Party. (City Agreement. Article IV)
12. General Terms and Conditions; Section XIII, Page 27: GOVERNING LAW, JURISDICTION, AND VENUE:
The terms of the Contract Documents shall be interpreted according to the laws of the State of California. Should litigation occur, the venue shall be in the Superior Court of Los Angeles County.
13. General Terms and Conditions; Section XVI, Item C, Page 28: LIQUIDATED DAMAGES:
A. Because it would be impracticable and extremely difficult to fix the actual damage to the City in the event the Contractor fails to finish the Work on schedule, the parties agree that the Contractor shall pay to the City as liquidated damages per calendar day, and not as a penalty, the sum of $250.00 each and every calendar day required to complete the Work in excess of the number of days stated in the Contract Documents and any authorized extension thereof, for the first thirty (30) days. After that, liquidated damages in the sum of $500.00 shall be paid for each excess day.
B. If the Contractor is delayed in completing the Work by reason of any change made by the City, the time for Completion of the Work may be extended by the same Change Order for a period commensurate with such delay, without additional compensation. In such case Contractor shall not be subject to liquidated damages for the extension. No extension of time will be granted for Change Orders that, in the opinion of the City Engineer, do not affect the ability of the Contractor to complete the Work on schedule.
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14. General Terms and Conditions, Section XVII, Item A, Page 28: INSURANCE:
The Contractor shall assume all liability for injuries to persons or damages to property during the performance of the Agreement caused by any equipment or materials furnished or work done under the Agreement or the operation thereof during the life of the Agreement and shall furnish and maintain Worker's Compensation Insurance, General Liability and Property Damage Insurance as herein provided, whether performance be by the Contractor, their Subcontractors, or anyone directly or indirectly employed by him, and such insurance shall be obtained from an insurance company authorized to do business in the State of California or at least an A- rating and found to be acceptable to the City of Burbank. Said insurance shall provide that it will not be modified, canceled or terminated until at least thirty (30) days' prior written notice thereof has been filed with the City’s Purchasing Division.
Before delivering any equipment, materials, or the performance of any work by the Contractor, Subcontractors or any agent, servant, employee or representative of any of them, at the jobsite under this Agreement, the Contractor must file with the City’s Purchasing Division a policy or an acceptable Certificate of Insurance subject to approval of the City, indicating the requisite insurance is in full force and effect. Coverage shall be maintained for the life of the Contract, through the Notice of Completion, plus one (1) additional year.
A. Workers’ Compensation Insurance.
1) The Contractor shall furnish satisfactory evidence that he has secured in the manner required by law the payment of Workers’ Compensation provided for in the California Labor Code and all amendments thereto and shall maintain such insurance during the life of this Agreement. The policy shall be endorsed to waive all rights of recovery against the City, members of the City Council, and officers, employees and agents of the City. The Contractor shall require each and every Subcontractor to secure similar Workers’ Compensation Insurance unless already covered by the Contractor.
2) If the Contractor is a sole proprietor, the Contractor must furnish a letter stating that he is a sole proprietor and is not required to carry Workers’ Compensation Insurance.
3) Upon execution of this Agreement, Contractor shall complete and submit the Workers’ Compensation Certification.
B. General Liability and Property Damage. Prior to beginning and throughout the duration of the Work, the Contractor shall secure, pay for and maintain General Liability and Property Damage Insurance protecting the Contractor and any subcontractors from any and all claims and actions for damage, for personal injury, including accidental death and for property damage which may directly or indirectly arise from, grow out of, or be attributable to, their operations or performance under this Agreement, whether such operations by the Contractor or by a Subcontractor, or by any person directly or indirectly employed by either or any of them, and said insurance shall indemnify and save harmless the City, its officers, employees, agents and representatives from all actions, causes of action, claims, debts or demands of any and every kind or nature whatsoever, by reason of, growing of, out of, or attributable to the Work to be performed under this Agreement, and the amount of such insurance shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit for injuries, including accidental death and property damage on account of any one occurrence.
The policy shall provide for coverage of all claims occurring during the term of the policy notwithstanding the fact that the claim may be asserted subsequent to the expiration of the policy.
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The following ENDORSEMENTS are required to be placed on a Separate Endorsement to the policy furnished:
1) The City of Burbank, 275 East Olive Avenue, Burbank, CA 91502, its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured.
2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds.
3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4) With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Burbank, Purchasing Division, 301 E. Olive Avenue - Suite 305, Burbank, CA 91502.
The City requires coverage for both “ongoing operations” and “products-completed operations hazard.” In order to satisfy the requirement, the Contractor’s insurance company shall submit an ISO Form CG 20 10 11 85 or an ISO Form CG 20 10 (or a substitute form providing equivalent coverage as approved by the City) and an ISO Form CG 20 37 (or a substitute form providing equivalent coverage as approved by the City) endorsement.
C. Automobile Insurance. Automobile Liability Insurance in an amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injuries and property damage, including all owned, hired and non-owned vehicles.
D. Damage and Theft. The Contractor may insure the equipment, materials and work to cover Contractor's interest in the same from time to time, as required. The City will not, under any circumstances, be liable, answerable or accountable for any theft, loss or damage, however and by whatever cause, to said equipment, materials and work, or any part or parts thereof, used or employed in fully completing the Agreement, until after the Agreement is completed and formal acceptance of the work by the City.
D. Blanket Insurance Policies. Blanket insurance policies complying with the above requirements carried by the Contractor, or acceptable and approved certificates thereof, may be substituted for specific policies upon approval by the City.
Concurrence:
Sourcewell Administrator
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CONTRACTOR IIPP CERTIFICATION
The undersigned certifies that it has in place an Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations. (Note: If you believe that you are exempt from the state mandate, on a separate sheet please explain why you are exempt.)
The undersigned further certifies that its IIPP is in written form and includes, at a minimum, the following elements:
1. Identification of the person or persons responsible for implementing the Contractor's safety program and the name of the Contractor’s on-site Safety Representative.
2. The Contractor's system for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices:
a) whenever new substances, processes, procedures or equipment is introduced into the workplace and represents a new hazard; and
b) whenever the Contractor is made aware of a new or previously unrecognized hazard.
3. The Contractor's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard:
a) when observed or discovered; and
b) when an imminent hazard exists which cannot be immediately abated without endangering employees and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct hazardous conditions shall be provided with the necessary safeguards.
4. The Contractor’s occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment:
a) to all new employees;
b) to all employees given new job assignments for which training has not been previously received;
c) whenever new substance, processes, procedures or equipment are introduced into the Project and represent a new hazard;
d) whenever the employer is made aware of a new or previously unrecognized hazard; and e) for supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.
ATTACHMENT 2 – PAGE 13
CONTRACTOR IIPP CERTIFICATION
(Continued)
5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Contractor of hazards at the Job Site without fear of reprisal.
Substantial compliance with this provision includes meetings, training programs, postings, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.
6. The Contractor's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
7. The Contractor shall keep appropriate records of steps taken to implement and maintain the program such as inspection, training documentation, included but not limited to, inspection checklist and training documentation form.
8. The Contractor shall include procedures to investigate occupational injury or occupational illness.
9. For construction projects the Contractor shall adopt a written code of safe practices that specifically relates to the employer’s operations. Tailgate meetings shall be held at least every ten (10) working days with employees and subcontractors.
10. A workplace violence prevention plan conforming to the requirements of Labor Code 6401.7.
11. A pre-job meeting may be required with the Safety Officer prior to the job start date.
The foregoing is made herein are made under penalty of perjury.
Full and Correct Name
COMPANY NAME:
SIGNED:
PRINT NAME: TITLE:
ADDRESS:
TELEPHONE NUMBER: (_____)_______________________
FAX TELEPHONE NUMBER: (_____)_______________________
The City reserves the right to review the IIPP and to inspect the Job Site while the Work is in progress for safety and health requirements, per current Federal or State/OSHA regulations.
Any violations discovered shall immediately be corrected by the Contractor at its sole expense or the City shall correct such violations and deduct the expenses from monies due the Contractor.
ATTACHMENT 2 – PAGE 14
FOR PROJECTS OVER $25,000
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
That we, Mackone Development, Inc. as Principal, and
___________________________ as Surety, are held and firmly bound to the City of Burbank in the sum of Nine Hundred Twenty-seven Thousand, Three hundred thirty- four and 52/100 Dollars ($927,334.52), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these present.
The condition of the above obligation is such that, whereas said Principal has been awarded and is about to enter into the annexed Contract with the City of Burbank for the Orange Grove Parking Structure Restoration and Repair Project, Bid Schedule No. 1430, and to which reference is hereby made for all particulars, and is required by said City of Burbank to give this bond in connection with the execution of said Contract;
NOW, THEREFORE, if said Principal as Contractor under said Contract fails to perform all of the covenants, terms, conditions and stipulations of said Contract on its part to be done and performed at the times and in the manner specified therein, or if all materials used and workmanship employed in the performance of the Contract shall not be free from defects, or if any defects should appear therein within a period of one year from the date of acceptance by the City, the work under the Contract and the said Principal and Contractor shall fail to repair, replace and correct such defects at his or its own cost and expense and to the satisfaction of the Engineer within thirty (30) days after notice thereof by the City, said Principal and Surety will pay the City of Burbank the amount of all its loss, cost, expense, damages and liability on account of any and all of the foregoing, not exceeding, however, the sum set forth above, and in case suit is brought upon this bond said Surety shall also pay a reasonable attorney's fee to be fixed by the court.
The said Principal and Surety agree that any change, extension of time, alterations or additions to said Contract or work or materials required thereunder shall not in any manner release either the Principal or the Surety from the obligations of this bond; and said Surety hereby waives notice of any such change, extension of time, alteration or additions to said Contract or performance required thereunder.
ATTACHMENT 2 – PAGE 15
IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in duplicate this ________________ day of ________________, 20___.
_________________________________
Surety Principal
By_______________________________ By_________________________________
_________________________________ ___________________________________ Print Name Print Name/Title
_________________________________
Address
_________________________________
(_______)_________________________
Telephone Number
(_______)_________________________
Fax Number
APPROVED AS TO FORM this ____ day of __________, 20___.
Office of the City Attorney
By:
Name:
Title:
NOTARIAL CERTIFICATE OF PRINCIPAL AND ATTORNEY IN FACT AND SEAL OF SURETY MUST BE ATTACHED.
ATTACHMENT 2 – PAGE 16
FOR PROJECTS OVER $25,000
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Mackone Development, Inc. as Principal, and
____________________________ as Surety, are held and firmly bound unto City of Burbank hereinafter called "OWNER," in the sum of Nine Hundred Twenty-seven Thousand, Three hundred thirty-four and 52/100 Dollars ($927,334.52), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that, whereas said Principal has been awarded and is about to enter into the annexed Contract with the City of Burbank for the Orange Grove Parking Structure Restoration and Repair Project, Bid Schedule No. 1430, and to which reference is hereby made for all particulars, and is required by said City of Burbank to give this bond in connection with the execution of said Contract;
NOW, THEREFORE, if said CONTRACTOR, its Subcontractors, its heirs, executors, administrators, successors, or assigns, shall fail to pay (a) for any materials, provisions, equipment, or other supplies used in, upon, for or about the performance of the WORK contracted to be done under the Contract, or (b) for any work or labor thereon of any kind contracted to be done under the Contract, or (c) for amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the Contract, or (d) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and its Subcontractors under Section 13020 of the Unemployment Insurance Code with respect to such work and labor, in each case, as required by the provisions of Sections 9550-9566 inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, corporations or other entities so furnishing said materials, provisions, provender, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, corporation or entity renting or hiring implements or machinery or power for or contributing to said Work to be done, or any person who performs work or labor upon the same, or any person, company, corporation or entity who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said Surety will pay in full the same in an amount not exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
ATTACHMENT 2 – PAGE 17
PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety.
IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in duplicate this ________________ day of ________________, 20_____.
_________________________________
Surety Principal
By:_______________________________ By: _______________________________
_________________________________ __________________________________ Print Name Print Name/Title
_________________________________
Address
_________________________________
(______)__________________________
Telephone Number
(______)__________________________
FAX Telephone Number
APPROVED AS TO FORM this ____ day of __________, 20___.
Office of the City Attorney
By:
Name:
Title:
NOTARIAL CERTIFICATE OF PRINCIPAL AND ATTORNEY IN FACT AND SEAL OF SURETY MUST BE ATTACHED.