Agreement 1300-1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City”, and Jacobsson Engineering Construction, Inc., herein referred to as, "Contractor”.
W I T N E S S E T H:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessar y labor, material, equi pment, transportation, and services for VIA DE ANZA STREET IMPROVEMENTS, PHASE II, CITY PROJECT NO. 8835, BID NO. B23-37E (the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity wit h this Contract, approved Change Orders, the Invitation to Bid dated March 22, 2023, Instructions to Bidders, permits issued by the City or other agencies, the G eneral and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor 's Bid dated April 19, 2023, and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.
2. Contractor will comply with all Federal, State, Count y, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a workman-like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in the Contra ctor’s performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 60 working days from the date of Notification to Proceed.
5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Five Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00). All payments shall be subject to approval by t he City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.
Agreement 1300-2
6. The Contractor shall not knowingly pay less than the high er of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the wo rk to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of th is provision (Sections 1770-1777, Labor Code of California).
7. Concurrently with the exec ution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.
8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent, or groundless), to the maximum extent permitted by law, the City, its City Council a nd each member thereof, and its officers, employees, commission members, and representatives, from any and all liabi lity, loss, suits, claims, damages, costs, judgments and expenses (incl uding attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning o f, or, any injury caused by, any product purchased herein; or any ac ts, errors or omissions (i ncluding, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with th e performance of this Contra ct. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret, or trademark in fringement) sustained by any per son or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.
9. Except as otherwise requir ed, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor duri ng this entire contract and a ll premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The contractor shall furnish evi dence of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the st atutory amount or otherwise show a certificate of self-ins urance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 fo r each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
Agreement 1300-3
11. In accepting this Contract, Contractor ce rtifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditi on, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Cont ractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,700.00 liquidated dam ages for each such breach committed under this Contract.
12. Contractor also agrees t hat for contracts in excess of $30,000.00 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sec tions 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. Contractor and Owner do her eby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.
14. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to th is agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the F ederal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, not withstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
15. Contractor shall comply with the Davi s-Bacon-Fair Labor Standards Act (40 USC a-276,a-5) and the implem entation regulations t herof. Contractor shall comply with the U.S. Department of Hous ing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).
Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Hous ing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages). The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classifi cation employed in the performance of this contract.
Agreement 1300-4
Contractor acknowledges that the applicable Wage Determination for this project is:
General Decision Number: CA20230025
Modification Number: 4
Date: 4-07-2023
16. Section 3 Compliance: The Contractor hereby ackno wledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:
A. The work to be performed under this cont ract is subject to the requirements of Section 3 of the Housing and Urban Devel opment Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued purs uant thereto by the Secret ary of Housing and Urban Development set forth in 24 CFR 570, and a ll applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
C. The contractor agrees to send to eac h labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a not ice advising the labor organization or workers' representative of the contractor's commi tments under this Section 3 clause and will post copies of the notice in conspicu ous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, ava ilability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge t hat the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
Agreement 1300-5
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other t han those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-D etermination and Education Assistance Act (25 U.S.C. 450e) also applie s to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Secti on 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).
H. All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Ac tion Plan. The Plan should include the following:
a. A preliminary statement of workforc e needs (skilled, semi-skilled, unskilled labor and trainees by category).
b. Goals (in percentage) relative to ut ilization of lower income persons in project area.
c. Goals relative to the project dollar amount of subcontractors to be awarded to project area business.
17. Additional Federal Requirements. Whereas the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200 . Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:
Agreement 1300-6
A. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitl ed "Equal Employment Oppo rtunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discrimi nate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
Contractor/Consultant will ensure that all qualifi ed applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are empl oyed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin.
Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selectio n for training, including apprenticeship. The Contractor/Consult ant agrees to post in a conspicuous place, available to empl oyees and applicants for empl oyment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.
B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000.00 for construction or repair awarded by recipients and subrecipi ents shall include a provision for compliance with the Copeland “Anti-Ki ckback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the Unit ed States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, comp letion, or repair of public work, to give up any part of the co mpensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislat ion, all construction c ontracts awarded by the recipients and subrecipients of more than $2,000.00 shall in clude a provision for compliance with the Davis-Bacon Ac t (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor re gulations (29 CFR part 5, “Labor Standards Provisions Applic able to Contracts Gove rning Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secret ary of Labor. In addition, contractors shall be required to pay wages not less than once a week.
The recipient shall place a copy of t he current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.
The recipient shall report all suspected or reported violations to HUD.
D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:
Where applicable, all contracts awarded by recipients in excess of $2,000.00 for construction contracts and in excess of $2,500.00 for other contracts that
Agreement 1300-7
involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which ar e unsanitary, hazardous or dangerous.
These requirements do not apply to the pur chases of supplies or materials or articles ordinarily available on the open ma rket, or contracts for transportation or transmission of intelligence.
E. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the perform ance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordanc e with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
F. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27. 4, Federal Acquisition Regulations (FAR).
G. Clean Air Act (42 U.S. C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000.00 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the R egional Office of the Environmental Protection Agency (EPA).
H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100, 000.00 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or em ployee of any agency, a member of Congress, officer or employee of Congre ss, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connec tion with obtaining any Federal award. Such disclosures are fo rwarded from tier to tier up to the recipient.
Agreement 1300-8
I. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list c ontains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statut ory or regulatory authorit y other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
J. Drug-Free Workplace Requirements —The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) require s grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potentia l recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
K. Access to Records and Records Retention : The Consultant or Contractor, and any sub-consultants or sub-contractor s, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Cont ractor, and any sub-consult ants or sub-contractors, that are directly pertinent to a specific program fo r the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
L. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
M. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the stat e energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
N. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a po litical subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only it ems designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
Agreement 1300-9
highest percentage of recovered materi als practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000.00 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.00; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
O. Buy America Requirements: This project is subj ect to “Buy America” provisions of the Surface Transporta tion Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act 1991.
Buy America Requirements
1. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the except ion that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a m anufacturing process subject to the "Buy America" requirements.
2. A Certificate of Compliance, conformi ng to the provisions in Section 6 1.07, "Certificates of Compliance," of t he Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processe s for the materials occurred in the United States, except for the above exceptions.
3. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptabl e documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work.
18. This Contract shall not be assignable by Contractor without the written consent of City.
19. Contractor shall not ify the City Engineer (in writing) forthwith when the Contract is
Agreement 1300-10
deemed completed.
20. In accepting this Contract, the Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.
21. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. The contractor must, at the Contractor’s sole expense, obtain all neces sary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. The contractor represents and declares to Agency that it has all licenses, permits, qualifications, and approvals of whatever nature which are legally required to practice its profession.
22. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to ensure it is receiving all mone y to which it is entitled under the contract and/or is paying only the amounts to which Contractor is prope rly entitled under the Contract or for other purposes relating to the Contract.
23. The Contractor shall maintain and pres erve all such records for a period of at least three years after termination of the Contract.
24. The Contractor shall maintain all such re cords in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incu rred in conducting the audit at a location other than at City offices incl uding, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
25. In entering into this C ontract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Secti on 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Prof essions Code), arising from purchases of goods, services, or materials for the Contra ct. This assignment will be deemed made and will become effective at the time City tenders final pay ment to Contractor, without further acknowledgment by the Parties.
Agreement 1300-11
IN WITNESS WHEREOF, the parties h ave executed this Contract as of the dates stated below.
"CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
By:________________________________ Dated:______________________________
Charles P. McClendon, City Manager
ATTEST:
Dated: _____________________________
Tracey R. Hermosillo, CMC, City Clerk
APPROVED AS TO FORM:
Dated: _____________________________
Eric Vail, City Attorney
“CONTRACTOR”
Dated: By: _______________________________ Name: _______________________________
Title: _______________________________
Dated: By: ____________________________ Name: ________________________________
Title: ________________________________
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Faithful Performance Bond 1310-1
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on _______ , 2023, awarded to Jacobsson Engineering Construction, Inc., hereinafter designated as the Pr incipal, a Contract for VIA DE ANZA STREET IMPROVEMENS, PHASE II, CITY PROJECT NO. 8835, BID NO. B23-37E and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company, as Surety, are held and firmly bound unt o the City in the just and full amount of Five Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfu lly perform the covenants, conditions, and agreements in the said contract and any altera tions made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true int ent and meaning, and sha ll indemnify and save harmless, the City, its officers, and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additi on to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, an extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this ___ day of ______ ____________, 2023, the nam e and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.
__________________________________________________
Principal
(Seal)
__________________________________________________
Signature for Principal
__________________________________________________
Title of Signatory
__________________________________________________
Surety
(Seal)
__________________________________________________
Signature for Surety
__________________________________________________
Title of Signatory
__________________________________________________
Address of Surety
__________________________________________________
Phone # of Surety
__________________________________________________
Contact Person For Surety
Payment Bond
1320-1
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on ___ 2023, aw arded to Jacobsson Engineering Construction, Inc., hereinafter designated as the Principal, a Contract for VIA DE ANZA STREET IMPROVEMENTS, PHASE II, CITY P ROJECT NO. 8835, BID NO. B23-37E and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred Fort y-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00), executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies us ed in, upon, fo r, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exce eding the amount hereinab ove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the St ate of California to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contractor to the work to be per formed thereunder or t he specifications accompanying the s ame shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, an extension of time, alteration, or addition to the terms of the contract or the work or the specifications. Said Surety hereby waiv es the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _____ day of ____________________, 2023, the name and corporate seal of each corporate party being hereto affixed, and these present duly signed by its undersigned representative, pursuant to the authority of its governing body.
__________________________________________________
Principal
(Seal)
__________________________________________________
Signature for Principal
________________________________________________
Title of Signatory
__________________________________________________
Surety
(Seal)
__________________________________________________
Signature for Surety
__________________________________________________
Title of Signatory
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Address of Surety
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Workers' Compensation Insurance 1330-1
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insu red against liability for workers' compensation or to undertake self-i nsurance in accordance with the provisions of that co de, and I will comply with such provisions before commencing the performance of the work of this contract."
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Liability & Insurance Requirements 1340-1
SECTION 1340
LIABILITY AND INSU RANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City and CVWD District, City Council and each member thereof, and every officer, employee, and agent of City, from any claim, demand, damage, liability, loss, cost, or expense (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.
The City and CVWD District does not, and s hall not, waive any rights that it may have against Contractor, any of the Contractor’s em ployees, or any of its subcontractors under this Section becaus e of the acceptance by the City and CVWD District, or the deposit with the City and CVWD Distr ict, of any insurance policy or certificate, required pursuant to this Contract. The hold harmless, indemnification, and duty to defend prov isions of this Section shall apply regardless of whether or not said insurance policie s are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. The City wi ll not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work unde r this Contract will not be issued, and the Contractor shall not commence work until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosec ution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Liability & Insurance Requirements 1340-2
2.2 Commercial General Liability Policy
The Contractor shall take out and mainta in during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000.00) annual project aggregate, for all of the following:
a. Premises Operations , including Explosion, Collapse, and Underground (X, C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000.00).
2.3 Commercial Business Auto Policy
The Contractor shall take out and mainta in during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage, prov iding at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy sh all have said coverage provided for under the Commercial General Liability Policy.
c. Deductible shall not exceed O ne Thousand Dollars ($1,000.00).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000.00) Employers' Liability (Coverage B).
Liability & Insurance Requirements 1340-3
2.5 Endorsements
All of the following endorse ments are required to be m ade a part of the policies described in this Section hereof:
a. "The City and CVWD District, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub-consultants are hereby added as additional insured in sofar as Work done under this Contract is concerned."
b. "This policy shall be c onsidered primary insuranc e as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each insu red, and additional insured, as though a separate policy had been written for eac h. This, however, will not act to increase the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:
Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be ob ligated to pay any extra premium for maintaining the insurance requirements specified herein.