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170 Santa Maria Ave., Pacifica, CA 94044
CONSTRUCTION SERVICES AGREEMENT
Traffic Signal and Street Light Services
DATE:
1. IDENTIFICATION OF CONTRACTOR:
CONTRACTOR: St. Francis Electric Inc.
LICENSE NO: 1003811
2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.[To include drawings, technical specifications, etc.]
3. COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $52,355.00 annually ($209,420.00 for four (4), to be paid as (check one): (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, up to a guaranteed not-toexceed amount of $__________. All payments (check one): shall shall not be subject to a five percent (5%) retention.
4. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:
Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
Substantial Completion Date: Within 60 calendar days of Commencement Date.
Final Completion Date: Within 10 calendar days of Substantial Completion.
4.01 Liquidated Damage Amounts.
A. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.
B. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.
4.02 Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other ATTACHMENT 1
CITY OF PACIFICA
contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.
5. TERMS AND CONDITIONS.
5.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):
A Appendix A - Scope of Work
B. Appendix B - General Conditions
C. Appendix C - Insurance
D. Appendix D - Construction Labor and Materials Payment Bond E. Appendix E - Construction Performance Bond [IF APPLICABLE] F. Appendix F - Supplemental Conditions [IF APPLICABLE]
5.02 The Contract Documents are the sole and exclusive provisions that govern the Work. Any provision contained in any Owner purchase order issued in connection with this Agreement or any Work shall be null and void and shall have no force or effect.
5.03 Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon or as otherwise provided in the Contract Documents to :
Signatur
Print Name
Date
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City of Pacifica, Department of Public Works,
170 Santa Maria Ave., Pacifica, CA 94044
Construction Services Agreement
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OWNER: City of Pacifica
Signature
Print Name & Title
Date
City of Pacifica
Attn: Sarah Coffey, City Clerk
170 Santa Maria Ave.
Pacifica, CA 94044
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Appendix A to Construction Services Agreement
SCOPE OF WORK
TRAFFIC SIGNAL MAINTENANCE
The Contractor shall provide a routine, comprehensive preventative maintenance program designed to minimize the incidence of outages and malfunction; reduce complaints; and extend the useful life of the traffic signal equipment. The program shall include, but is not limited to:
A. Annual Maintenance
Annual maintenance shall include cleaning, adjusting, lubricating, and testing of signal equipment and replacement of substandard components. The controller units shall be overhauled or maintained as recommended by the manufacturer.
The Contractor shall test each of the conflict monitors within the first two (2) months of the start of each contract period and provide the City with a computerized report in Microsoft Excel identifying each intersection and showing all test results.
The Contractor shall test each of the locations that have battery backup systems (by disconnecting the PG&E power at the service cabinet) within the first two (2) months of the start of each contract period and provide the City with a computerized report in Microsoft Excel (or other widely available software) that indicates whether each traffic signal powered by battery system operated on full cycle operation (during PG&E power disconnect).
The Contractor shall rotate the batteries, per the manufacturer’s recommendation, at each of the locations that have a battery backup system (to maximize the life of the batteries) and provide the City with a computerized report in Microsoft Excel (or other widely available software) indicating that work has been completed.
B. Annual Inspection
Within the first three months of each contract period, the Contractor shall:
1) Replace all cabinet filters.
2) Clean all lenses, reflectors, signal and fixture housing units and photoelectric units. 3) Check the mounting of each signal head and adjust/tighten the mounting as required.
4) Replace deteriorated or missing components and fastening hardware such as sockets, nuts and bolts.
C. Monthly Inspection
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Each signalized intersection shall be inspected monthly. At a minimum, the following shall be performed:
1) Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing parts. Depress all pedestrian push buttons and observe the proper timing and display. Correct all observed problems as soon as possible thereafter.
2) Examine the functioning of the controller in relation to the traffic. Correct functional problems as soon as possible and report functional and timing problems to the City. 3) Observe and check for proper operation of the detector loops and amplifiers. Adjust or re-tune detector amplifiers and correct substandard splices as necessary. Report improper detection operation and causes to the City.
4) Inspect all relays, switches, and terminals, etc. and replace or make adjustments as necessary. Make arrangements to promptly fix those deficiencies which cannot be corrected immediately.
5) Check and adjust fan operation. Check the filter for tight fit and tape if required. Clean and vacuum the cabinet as necessary. Examine cabinet interior for water, excessive dampness and plant or animal intrusion. Determine cause and correct the condition. 6) Inspect battery backup system (if the signal is equipped with such unit) to ensure unit is fully charged. Report improper operation to the City. 7) Inspect preemption system to ensure equipment is operating and in-place, check all connections. Report improper operation to the Engineer. 8) Complete record keeping requirements as described in the proposal.
Special Note: The Contractor will be required to assign a sufficient number of technicians to the City as may be necessary to provide routine preventative maintenance to each traffic signal. The City expects technicians to be regularly assigned to the City as necessary to provide routine preventative maintenance during normal business hours, Monday to Friday 8:00 a.m. to 4:30 p.m., and to respond to unscheduled/emergency work (“Extra Work”) after regular business hours.
D. Scheduled Repair
The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system. The Contractor shall repair or replace equipment and components that have failed, deteriorated or malfunctioned from the normal operation of the traffic signal system (controllers and battery backup system are excepted).
The equipment and components shall include, but are not limited to the following elements:
1) Incandescent Lamps, Light Emitting Diode (LED) signal faces, Conflict Monitors, Signal Safety Lights, Load Switches, Detector Amplifiers, Transfer Switches, Flasher Switches, Breaker Switches, Ballasts, Starters, Sockets, Fuses, Fuse Holders, Photoelectric Cells, Signal and Safety Light Wiring in Poles, etc. 4836-0105-9886 v3
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2) No permanent change shall be done without prior approval of the City. Whenever equipment is removed, the City representative shall be notified by phone and email within twenty-four (24) hours, except weekends and holidays (where the firm shall wait until the next calendar day to notify the City representative). 3) The Contractor shall submit a proposal to provide the required traffic signal supplies, materials, and installed equipment for approval by the City prior to proceeding with installation. The City shall approve the sources of and prices for supplies, materials, and installed equipment prior to procurement. Replacement supplies, materials, and installed equipment will be manufactured by a reputable supplier approved by the City.
Such approval shall not prevent subsequent disapproval or rejection of supplies, materials, and installed equipment by the City if the quality is less than required by the Contract or other otherwise unsatisfactory. If discounts by suppliers are available to the Contractor, they shall be credited to the City. If supplies, materials, or installed equipment is obtained from supply or source owned by or in part by the Contractor, the price will not exceed current wholesale price for such materials and installed equipment.
The City reserves the right to furnish supplies, materials, and installed equipment required for performance of the work.
The City shall reimburse the Contractor for supplies, materials, and installed equipment used for permanent repairs, in an amount equal to the cost of the materials including an agreed mark-up price. Reimbursement will occur only after the supplies, materials, and equipment had been installed. Until installation occurs, the Contractor shall own and be responsible for their inventory.
When entire parts or equipment become obsolete or are deteriorated beyond repair, report such conditions to the City and provide satisfactory evidence that replacement is necessary.
Maintenance activities that require periodic replacement of minor parts will not require City approval. Replacement of controllers and battery backup systems will require approval of City staff prior to replacement. The serial number of any unit removed will be recorded and the removed unit should be delivered to the City Public Works Services Yard.
E. Unscheduled and/or Emergency Response Work (“Extra Work”) The City may request that the Contractor perform Unscheduled and/or Emergency Response Work (“Extra Work”) on the traffic signal system not covered by preventative maintenance and scheduled repair. This work shall be performed on a time and materials basis in accordance with the unit costs provided listed in Schedule B and C or by a negotiated cost.
The Contractor may have to respond to Unscheduled and/or Emergency Work during regular business hours (7:00 a.m. to 4:00 p.m., Monday through Friday) or after regular business hours. This work shall be performed on a time and materials basis in accordance with the unit costs listed in Schedule B and C or by a negotiated cost.
Unscheduled and/or Emergency Work includes, but is not limited to the following:
1) Downed signal heads, poles, damaged controller and cabinet, damaged internally illuminated street name signs, damaged inductive loops, sensing elements, pedestrian 4836-0105-9886 v3
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push buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment related issues.
2) Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions.
Special Note: The replacement of burned-out lamps should be completed as soon as possible.
F. Equipment for Unscheduled and/or Emergency Work
Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts. Whenever equipment is removed, the City representative shall be notified by phone and email within twenty-four (24) working hours, except weekends and holidays (where the firm shall wait until the next calendar day to notify the City representative).
The Contractor shall cover the cost of replacing any parts to the traffic signals. The City shall reimburse the Contractor for materials used for repairs, in an amount equal to the cost of the materials including an agreed mark-up price.
Notify the City representative in advance of any traffic signal de-activations (by phone and email) that may be required to provide the required services. Traffic signal deactivations shall not be scheduled without the approval of an authorized representative of the City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer.
The Contractor, at own cost, shall place barricades, clean up debris, properly dispose of all damaged components.
Special Note: Emergency calls that require replacement of parts or equipment will not require approval from City before such replacements are commenced. The Contractor should have additional staff on-call in case the responding technician cannot handle emergency work alone (knockdowns, wire pulls, etc.).
G. Protocol for Unscheduled and/or Emergency Work
Maintain a single local telephone where an on-call technician can be reached at all times, twenty-four (24) hours per day. This telephone number will be made available to all persons designated by the City.
At the time the on-call traffic signal technician is notified of an unscheduled or emergency work by the City, he will call the designated City representative. If the designated representative is not available, the following numbers are available to verify that the on-call technician has received the call:
1) From 7:00 a.m. – 4:00 p.m. call (650) 738-3767 – a secretary will take the call and find another City representative.
2) From 4:00 p.m. – 8:00 a.m., an after hour telephone number will be provided in accordance with an established Traffic Signal service call procedure. 4836-0105-9886 v3
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Upon completion of the unscheduled and/or emergency work, contact the above telephone numbers and inform the City that the work has been completed.
Upon completion of the unscheduled or emergency work, prepare estimates showing the cost breakdown of material and labor for replacement of such parts or equipment and submit the information to the City. Replacement of parts or equipment, if ordered by the City, shall be paid for as “Extra Work.”
Special Note: Compensation for unscheduled and/or emergency work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal. Compensation for travel time shall be included in the payment for unscheduled or emergency work for those calls originating between 4:30 p.m. to 7:00 a.m., for the actual travel time to the City, up to a two (2) hour maximum and shall be considered part of the contract cost, without additional compensation.
H. Maintenance Records
Contractor shall maintain an inventory list of the equipment in the controller cabinet at each location. The inventory shall include the model, manufacturer, serial number, and quantity of each piece of equipment and installation date.
The inventory list shall be continuously updated and a copy shall be furnished to the City every six (6) months in a Microsoft Excel spreadsheet.
Contractor shall maintain a copy of the Preventative Maintenance (PM) Inspection Form approved by the City at each intersection. The PM checklist form shall be approved by the City at the beginning of each contract year. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).
A printout of the signal control database shall be kept in each controller cabinet. Timing changes shall be indicated on the printout. Only the City’s representative shall authorize timing changes except that the Contractor may make changes required on a temporary basis due to maintenance operations or to maintain a satisfactory signal operation when there is a detection failure.
Special Note: All data gathered and stored in an electronic (or non-electronic) format by the Contractor while under contract with the City is the property of the City. In the event that the City no longer contracts with the Contractor, full data records will be given to the City in an electronic format. Transfer of these full data records will be determined based on the size of the data records at the time of transfer and shall be considered part of the contract cost, without additional compensation.
I. Monthly Activity Report
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The Contractor shall provide a computerized monthly activity report to the City by the fifteenth (15) working day of each month for the previous month. A monthly report generated from the database shall be sent (regular mail and email) to the City with the monthly invoice. No payment will be made without submittal of the report. The report shall include:
1) Unscheduled and Emergency Response Work: Time the service calls were received, time arrived at the intersection, the response time, nature of the problem, the number of hours spent for each repair, materials used, whether the activity is related to accident or vandalism, and a special listing of intersections with three or more calls in one month. 2) Scheduled Repairs: A complete record of all work that was performed on the traffic signal equipment during the previous month including the date and time, make, model, and serial number of any major components or other equipment that was newly installed at each intersection.
3) Preventative Maintenance: Time and date the PM work was performed. 4) Pending Repair List: Provide a monthly report of all pending repair work needed at each intersection. The intersection name should be listed along with a description of the repair required, problem that created the repair, and level of severity (high priority repair, medium priority repair, low priority repair).
Special Note: All data gathered and stored in an electronic (or non-electronic) format by the Contractor while under contract with the City is the property of the City. In the event that the City no longer contracts with the Contractor, full data records will be given to the City in an electronic format. Transfer of these full data records will be determined based on the size of the data records at the time of transfer and shall be considered part of the contract cost, without additional compensation.
J. Consultation
The Contractor shall designate representatives in their organization who shall be available periodically to the City for consultation. This consultation shall include preparing cost estimates for replacement of obsolete equipment, system modifications, and maintenance work for which specific service fees have not been established in this contract; and technical explanations of functional and operational characteristics of signals. Compensation for consultation services shall be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal.
K. Response and Service
1) The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a signal installation becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:
i. Emergency and accident maintenance – one (1) hour
ii. Replacement of burned out signal faces:
1. Red faces on mast arms – two (2) hours
2. Red faces on poles – two (2) hours
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3. Green and yellow faces – three (3) hours
iii. All other signal maintenance – twenty-four (24) hours iv. Safety Lighting – forty-eight (48) hours
v. IISNS tubes – forty-eight (48) hours
2) Signal-on-flash, signal blackout not caused by a power outage, and any malfunction of pedestrian signals shall constitute an emergency. The City (Public Works Services or the Police Department) may extend the maximum response time for maintenance on a case-by-case basis if the signal remains operational in a satisfactory manner and the condition poses no immediate hazard to the public.
3) Preventative maintenance shall be completed as soon as possible and in all cases in no less than twenty-one (21) calendar days, unless extended in writing by the City.
4) Failure to meet the response time requirements by the Contractor shall be sufficient cause for the City to authorize maintenance to be completed by others and deduct the costs of said maintenance from payments due the Contractor.
Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
L. Light Emitting Diode (LED) Signal Faces
All traffic signal faces in Pacifica are LED’s. All pedestrian signals are LED countdown.
The LED traffic signal faces shall comply with the most recent version of ITE Cal-Trans specifications. As part of Normal Maintenance, all LED traffic signal faces will be replaced with LED signal faces upon failure or when the luminosity does not meet the minimum requirements as outlined in Section 2.6 Photometric Requirements of the California Department of Transportation LED Traffic Signal Specifications. The Contractor may, at Contractor’s expense maintain records and claim any manufacturers’ refund that may be applicable under the LED manufacturer’s warranty.
M. Signal Shut Down and Signal on Flash
The Contractor shall immediately notify the City’s Public Works Services Department and Police Department of any signal turn-offs or signal on flash necessitated by their operation.
Signal shut down of any duration and signal on flash operation in excess of fifteen (15) minutes must be first authorized by the Public Works Services Department and Police Department.
N. Spare Equipment
The Contractor shall maintain adequate storage and shop facilities and sufficient stock of spare parts and signal equipment to affect maintenance to the signals. The Contractor shall maintain at least one fully tested standby controller that is compatible with the City’s system, and one other fully tested standby controller that is compatible with Caltrans’ system. The Contractor will own and maintain all spare parts until installation in the City. 4836-0105-9886 v3
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O. Salvaged Equipment
The Contractor shall deliver any salvaged or salvageable equipment or material to the location in the City as designated by the Public Works Services Department. Any material or equipment declared non-salvageable by the Public Works Services Department shall be taken from the City and disposed of properly by the Contractor at Contractor’s cost.
Components such as mast arms and luminaries that are undamaged may be re-used at the direction of the City.
STREETLIGHTS
A. Unscheduled and/or Emergency Response Work
The City may request that the Contractor perform Unscheduled and/or Emergency Response Work on the street light system. This work shall be performed on a time and materials basis in accordance with the unit costs provided listed in Schedule B and C or by a negotiated cost.
The Contractor may have to respond to Unscheduled or Emergency Work during regular business hours (7:00 a.m. to 4:00 p.m., Monday through Friday) or after regular business hours. This work shall be performed on a time and materials basis in accordance with the unit costs listed in Schedule B and C or by a negotiated cost.
Unscheduled and Emergency Work includes, but is not limited to the following:
a. Downed poles (“knockdowns”) and other operational equipment related issues.
B. Equipment for Unscheduled and/or Emergency Work
Repair, replace or otherwise render in good working order any and all defective parts of the street light equipment with like make and model parts. Whenever equipment is removed, the City representative shall be notified by phone and email within twenty-four (24) working hours, except weekends and holidays (where the firm shall wait until the next business day to notify the City representative).
The Contractor shall cover the cost replacing any parts to the street lights. The City shall reimburse the Contractor for materials used for repairs, in an amount equal to the cost of the materials including an agreed mark-up price.
The Contractor, at own cost, shall place barricades, clean up debris, properly dispose of all damaged components.
C. Protocol for Unscheduled and/or Emergency Work
Maintain a single local telephone where an on-call technician can be reached at all times, twenty-four (24) hours per day. This telephone number will be made available to all persons designated by the City.
At the time the on-call technician is notified of unscheduled or emergency work by the City, he/she will call the designated City representative. If the designated representative is not 4836-0105-9886 v3
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available, the following numbers are available to verify that the on-call technician has received the call:
1) From 7:00 a.m. - 4:00 p.m. call (650) 738-3767 – a staff member will take the call and find another City representative.
2) From 4:00 p.m. – 7:00 a.m., an after hour telephone number will be provided in accordance with an established Traffic Signal service call procedure.
Upon completion of unscheduled or emergency work, contact the above telephone numbers and inform the City that the emergency work has been completed.
Upon completion of the unscheduled or emergency work, prepare estimates showing the cost breakdown of material and labor for replacement of such parts or equipment and submit the information to the City. Replacement of a parts or equipment, if ordered by the City, shall be paid for as “Extra Work.”
Special Note: Compensation for unscheduled or emergency work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal. Compensation for travel time shall be included in the payment for unscheduled or emergency work for those calls originating between 3:30 PM to 7:00 AM, for the actual travel time to the City, up to a two (2) hour maximum.
D. Response and Service
The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a street light becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:
1) Emergency and/or unscheduled Service – two (2) hours 2) Outages and Malfunctions – forty-eight (48) hours
Emergency Services shall include cleanup of debris due to accidents, erection of barricades and/or signs and to leave the area in a safe condition.
Final repairs shall be completed as soon as possible and in all cases in no less than twentyone (21) calendar days, unless extended in writing by the City.
Failure to meet the response time requirements by the Contractor shall be sufficient to cause for the City to authorize work to be completed by others and deduct the costs of said work from payments due the Contractor. Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.
E. Salvaged Equipment
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declared non-salvageable by the Public Works Services Department shall be taken from the City and disposed of properly by the Contractor at Contactor’s cost.
1.04 UNDERGROUND SERVICE ALERT (DIG ALERT) MONITORING
The Contractor will be required to adequately mark all traffic signal and street light conduits, traffic signal interconnect/communication lines, and equipment as well as street lights on behalf of the City in accordance with the California Government Code Section 4216 et seq. The City’s designated representative will monitor notifications submitted by Underground Service Alert (USA) to the City, and will furnish applicable notifications to a representative of the Contractor to coordinate the marking of any signalized intersections that may be scheduled for construction work or excavations as evidenced by notification from USA. The Contractor shall establish a process for monitoring and tracking the marking of any affected intersections; an Intersection Record Log shall be created, with the USA notification and corresponding action noted in the controller, with a copy provided to the City. The Contractor shall assume all liability for satisfying the City’s obligations to adequately identify underground structures in accordance with this law.
Compensation for providing USA – Dig Alert services identified above will be paid at a flat rate per occurrence in accordance with the Cost Proposal, Schedule A, included in this Solicitation and completed and returned by the Contractor in its Proposal. No additional or separate payment will be made for daily travel time from the Contractor’s base of operations to the City.
1.05 AD HOC ELECTRIC WORK
The contractor will be required to provide ad hoc electrical maintenance services for electrical equipment not listed in this RFP. Examples include the City’s flashing beacon system, speed feedback signs, parking lot lighting, athletic field lighting, park security lighting, etc. This work shall be performed at the discretion of the City on a time and materials basis in accordance with the unit costs provided listed in Schedule B and C or by a negotiated cost.
1.06 QUANTITY OF UNITS
The Contractor will be provided a list of the location of the existing five (5) traffic signals included in the contract after award (Appendix D). The Contractor will report to the City any discrepancies found in the list of traffic signals.
1.07 UPGRADES
The Contractor will be required to maintain any additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City.
Upgrade work may include but is not limited to the following:
A. Replacement of existing non-operative equipment as needed B. Enhancing equipment as needed or warranted
C. Installation of new traffic signal
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No upgrade work shall be commenced or undertaken unless authorized in advance in writing by the City. Said written authorization is a condition precedent to the Contractor’s entitlement to reimbursement or remuneration for services. Upgrade work or extra work shall be performed in accordance with the most current version of the Caltrans Standard Plans and Caltrans Standard Specifications. This work shall be performed within a specified time limit established by the City and for a mutually agreed upon price. City will retain the right to perform any additional work by use of City forces or, in the alternative, to advertise such work for bids.
1.08 INSPECTION OF NEW OR MODIFIED SIGNAL SYSTEMS
When the City accepts new traffic signal systems into service, they will be included in the contract at the applicable lump sum cost for preventive and normal maintenance and at proposed unit rates for other maintenance as for existing signals, commencing on the date of acceptance of the traffic signal work. The Contractor shall, upon notification by the Engineer, to immediately commence servicing such signals.
1.09 WARRANTY SERVICE
New traffic signals and street lights are covered by the installing Contractor’s material and workmanship warranty for one (1) year after acceptance. Where parts or material become defective during this warranty period, the Contractor shall notify the City so that the warranty may be exercised. The Contractor shall be responsible for exercising maintenance and replacement covered by the warranty. At expiration of the warranty, servicing of traffic signals shall be performed in accordance with these specifications. No additional, or separate, compensation shall be paid for warranty service work. Compensation for reviewing new traffic signals as identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Schedules A, B and C, included in this Solicitation and completed and returned by the Contractor in its Proposal.
1.10 MEETINGS
The assigned technician and/or supervisor shall be available to meet with the City’s designated representative on an as-needed basis at a mutually agreed upon time and place in the City to review each week’s maintenance activities.
No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder.
Appendix B to Construction Services Agreement
GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall 4836-0105-9886 v3
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be a part of the parties’ agreement. The Agreement and other Contract Documents shall govern the Work (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work.
1.02 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.
A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide (i) a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix D – Construction Labor and Materials Payment Bond, and (ii) a construction performance bond in form attached hereto as Appendix E – Construction Performance Bond. Contractor may not substitute cash in lieu of the required bond(s).
B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).
1.03 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within 30 days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Contract Documents, and invoices, payrolls, timecards, records and all other data related to matters covered by the Contract Documents. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least 30 years.
Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records.
The State of California or any federal agency having an interest in the subject of the Contract Documents shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.
1.04 Use of Contract Documents and Other Information. Drawings, Specifications, and other Contract Documents are made available to Contractor solely for Contractor’s use under the Contract Documents. Further, all tangible and intangible property developed, produced and/or provided by Contractor under the Contract Documents, and all such items (other than Contract Documents) provided by Owner to Contractor in connection with the Contract Documents including, without limitation, drawings, specifications, sketches, models, samples, tools, computer programs, technical information, confidential business information, scripts, customer or personnel information and data, whether written, oral or otherwise (all hereinafter referred to as Information) shall be Owner’s sole property.
Contractor may not use Contract Documents or Information for any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.
1.05 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Contract Documents. Contractor shall not contract any portion of the Work or otherwise assign the Contract Documents without prior written approval of Owner. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit or relieve Contractor from its obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.
1.06 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract 4836-0105-9886 v3
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Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so within five days of Owner’s written notice (or other time period specified in the notice), Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to timely correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
1.07 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Public Contract Code Section 7104. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.
ARTICLE 2 LEGAL
2.01 Compliance with Laws; Conflict of Interests. Contractor shall comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, antikick-back, collusion, prevailing wages, labor compliance, and the provisions of the Americans with Disability Act.
Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained, or will be employed or retained, to solicit or obtain any contract with Owner, upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.
2.02 Licenses, Patents, Permits. Before commencing Work, Contractor shall apply for, obtain and maintain in current status, at its own expense, any license, permit or approval required from any agency for the performance of Work.
To the greatest extent permitted by law, Contractor shall not be entitled to any compensation for any Work performed while not properly licensed, etc.
2.03 Employee Wages; Records; Apprentices. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by regulation.
Contractor shall pay prevailing wages to its employees on any Order in excess of $1,000.00. Copies of the prevailing rate of per diem wages are on file at Owner’s principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed. The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 and 1776, including (if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If Contract Sum exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
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pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
2.05 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.
2.06 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.
ARTICLE 3 MISCELLANEOUS
3.01 No Modification or Waiver; Severability. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. Should any part of the Contract Documents be declared invalid, void or unenforceable, all remaining parts, terms and provisions of the Contract Documents shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.
3.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work.
Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner’s responsibility.
3.03 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion.
Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.
3.04 Notices. All notices between the parties hereto shall be in writing and may be served by commercial express/overnight courier service or by depositing the same in the United States mail, postage prepaid and certified receipt requested, and addressed as indicated beneath each party’s signature in the Master Agreement, or as either party may otherwise provide to the other.
3.05 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience 4836-0105-9886 v3
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in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation.
Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.
3.06 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities other than Owner and Contractor. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 4836-0105-9886 v3
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Appendix C to Construction Services Agreement
INSURANCE
1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$1,000,000] general aggregate and [$1,000,000] each occurrence, subject to a deductible of not more than [$1,000] payable by Contractor.
2. Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.
3. Workers’ Compensation Employers’ Liability limits not less than [$1,000,000] each accident, [$1,000,000] per disease and [$1,000,000] aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Pacifica, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.
4. [If applicable] Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land. [Alternatively, if applicable] An Installation Floater including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, vandalism, malicious mischief, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of the Work. [If either Builder’s Risk or an Installation Floater is required, continue] Such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the performance of the Work. The insurer shall waive all rights of subrogation against Owner.
5. Insurance policies in Appendix C shall contain an endorsement containing the following terms:
5.01 City of Pacifica, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.
5.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
5.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.
5.04 Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.
6. Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause
5.03 above.
7. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M.
Best Company rating of [A-,VII] or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.
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Appendix D to Construction Services Agreement
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1. THAT WHEREAS, the City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to St. Francis Electric Inc. as Principal a Construction Services Agreement, dated the ___(Day) of ____ (month), 20___ (Year) (Agreement), titled Traffic Lights and Streetlights Service PROJECT located at City of Pacifica in the amount of $52,355.00 annually ($209,420.00 for four (4) years), which Agreement is by this reference made a part hereof, for the work described as follows:
Traffic Lights and Streetlight Service.
2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
3. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.
7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other. 4836-0105-9886 v3
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8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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Appendix E to Construction Services Agreement
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to St. Francis Electric Inc. as Principal a Construction Services Agreement, dated the ___(Day) of ____ (month), 20___ (Year) (Agreement), titled Signal Lights and Streetlights Service PROJECT in the amount of $52,355.00 annually ($209,420.00 for four (4) years, which Agreement is by this reference made a part hereof, for the work described as follows:
Signal Lights and Streetlights Service.
2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;
3. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.
5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.
6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:
6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or
6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.
7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent. 4836-0105-9886 v3
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8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.
9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.
10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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Appendix F to Construction Services Agreement
SUPPLEMENTAL CONDITIONS
[Optional]