City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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AGREEMENT
THIS AGREEMENT is entered into this day of , 2026, by and between the City of Pleasant Hill ("City"), and __FJ&I Engineering, Inc._____, ("Contractor").
WHEREAS, the Department of Public Works and Community Development has requested a bid from the Contractor to perform work for the Shelly Drive and Ruth Drive Storm Drain Improvements Project No. 02-25 ("Project"); and
WHEREAS, the City Manager, under the powers authorized by the City Council and Ordinance No. 770 (Bidding on Public Projects), accepts the lowest responsible bid by Contractor for the sum of ____$639,355.00___.
NOW, THEREFORE, City and Contractor agree as follows:
1. SCOPE OF SERVICES: Contractor will, in a worker-like manner, faithfully and fully perform the work as set forth in the plans and specifications for the Shelly Drive and Ruth Drive Storm Drain Improvements Project No. 02-25, and furnish all materials and labor, services and transportation necessary, convenient, and proper; all strictly in accordance with the plans, drawings, and specifications.
2. INDEMNIFICATION: Contractor agrees to defend, indemnify and hold harmless the City, its officers, agents, and employees from all claims, demands, suits, losses, damages, injuries, and liability, direct or indirect including any and all costs and expenses in connection therewith, incurred by reason of any acts, errors, or omissions of Contractor, whether negligent or intentional, under or in connection with this Agreement. Contractor further agrees to defend the City, its officers, agents, and employees at its own cost, expense, and risk, and to pay and satisfy any resulting judgments. This indemnification provision shall not extend to any claim arising out of the active negligence, sole negligence, or willful misconduct of the City, its officers, agents, or employees.
3. INSURANCE: Contractor at its own cost and expense shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best's rating of no less than A:VII:
a. Worker's Compensation Coverage. Contractor shall maintain Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Worker's Compensation insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Worker's Compensation policies must be received by the City at least thirty City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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(30) days prior to such change.
b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than five million dollars ($5,000,000) combined single limit for each.
d. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed to contain the following specific language:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insurers with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code section 2782(b).
2. This policy shall be considered primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
5. Any explosion, collapse, and underground property damage City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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exclusion must be deleted.
6. Any failure to comply with reporting provisions of the policies shall not effect coverage provided to the City, its elected or appointed officers, employees, agents or volunteers.
7. The insurance provided by this policy shall not be suspended, voided, canceled or reduced in coverage except after thirty (30) days written notice has been received by the City.
e. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles and self-insured retentions.
f. Certificates of Insurance and Endorsements. Contractor shall provide certificates and endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
g. Subcontractors. The Contractor shall either include all subcontractors as insurers under its policies or shall furnish separate certificates and endorsements for each subcontractor. The coverage for subcontractors is subject to all of the requirements for contractors as stated herein.
h. Umbrella Coverage. To the extent Contractor’s insurance obligations under this Agreement are met, in whole or in part, through the procurement of umbrella or excess insurance coverage, Contractor agrees to maintain said policy for the term of this Agreement. The insurance provided by any such policy shall not be suspended, voided, canceled or reduced in coverage except after thirty (30) days written notice has been received by the City.
4. PREFERENCE FOR LOCAL MATERIALS AND LABOR: The City desires to promote the industries and advantages of the City, and it is agreed that the Contractor in the construction of the work shall use pro ducts manufactured or produced by firms located within the City limits, and workers, laborers and mechanics located within the City limits in every case where price, fitness and quality are equal to that item of work specified in the Special Provisions.
5. NON-ASSIGNABILITY: Neither this Agreement, nor any part of it, nor any monies due or to become due hereunder, may be assigned by the Contractor without the consent and approval of the City, nor in any event without the consent and approval of the Contractor's City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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surety, unless the surety waives its rights to notice of assignment.
6. BONDS: Contractors shall furnish and deliver the bonds as follows:
a. Faithful Performance Bond: 100% of contract price for the faithful performance by the Contractor of this Agreement.
b. Labor and Materials Bond: 100% of the contract price for the payment of Labor and Materials by the Contractor of this Agreement. c. Maintenance Bond: 10% of the contract price for the one-year maintenance period will be required once work is completed.
Bonds shall be on the forms prescribed for use and attached to this Agreement or on an approved alternate form with a surety approved by the City. The insured's carrier shall be registered with the State of California Department of Insurance.
7. INDEPENDENT CONTRACTOR: Contractor is an independent contractor and not an employee or agent of the City and has no authority to contract or enter into any other agreement in the name of the City. Contractor has, and hereby retains, full control over the employment, direction, compensation and discharge of all persons employed by contractor who are assisting in the performance of services under this Agreement. Contractor shall be fully responsible for all matters relating to the payment of its employees, including compliance with Social Security, withholding tax and all other laws and regulations governing such matters.
Contractor shall be responsible for its own acts and those of its subcontractors, agents and employees during the term of this Agreement.
8. ATTORNEY'S FEES AND COSTS: If either party brings any action or proceeding (including arbitration) to enforce, protect, or establish any right or remedy under this Agreement, the prevailing party shall be entitled to receive reasonable court costs and attorney's fees.
9. MISCELLANEOUS:
a. Contractor warrants that it can perform the work set forth in the specifications and contract documents at the price set forth in Contractor's bid, a copy of which is attached as Exhibit "A."
b. Contractor further warrants that it has thoroughly reviewed the plans and specifications of project and no mistake was made in the submittal of its bid. c. Contractor further agrees to hold the City harmless from liability and indemnify it from any type of cost and liability that may result from Contractor's City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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mistake in its bid.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
CITY OF PLEASANT HILL, a CONTRACTOR:
Municipal Corporation of
the State of California
By:________________________ By: __________________________ Ethan Bindernagel
CITY MANAGER Title:_________________________
Contractor's License No. __________
Expiration:______________________
Classification:__________________
Business LicenseNo._____________
ATTEST:
__________________________
Lyone Conner
CITY CLERK
APPROVED AS TO FORM:
___________________________
Janet E. Coleson
CITY ATTORNEY
Attachments Exhibit A - Contractor's Bid Proposal
Exhibit B - Bond for Faithful Performance
Exhibit C - Bond for Labor and Materials
Exhibit D - Insurance Certificates
Treasurer / GM
1040314
06/30/27
A
CTR - 047366
City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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BOND FOR FAITHFUL PERFORMANCE
We, the undersigned _____________________ ("Contractor") and ________________, a corporation organized under the laws of the State of ____________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Pleasant Hill ("City") a municipal corporation under the laws of the State of California, in the sum of ___________________ Dollars ($_______________) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:
The condition of this obligation is that the obligated Contractor has, on ________________, 2026, entered into a written Agreement with the City for Project No. 02-25 entitled Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project a true and correct copy of which is presently on file in the office of the City Clerk of the City of Pleasant Hill, and incorporated herein by reference.
Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect.
If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the contract excluding the warranty period, if any, provided for in the contract, and venue shall lie in the County of _____________, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California.
City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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In witness, contractor and surety have executed this agreement as of ____________, 2025.
(Contractor)
By:___________________________________
Title__________________________________
(Surety)
By:___________________________________
Address of Surety:_______________________
______________________________________
______________________________________
Surety's Bond Number____________________
(Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond.)
City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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BOND FOR LABOR AND MATERIALS
We, the undersigned ____________________, ("Principal") and ________________, a corporation organized under the laws of the State of ________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Pleasant Hill ("City"), a municipal corporation under the laws of the State of California, in the sum of _____________ Dollars ($___________) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:
The condition of this obligation is that the Principal entered into a written Agreement with the City dated ________________, 2026, for Project No. 02-25 entitled Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project, a true and correct copy of which is presently on file in the office of the City Clerk of the City of Pleasant Hill, and incorporated herein by reference.
Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or any of its subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond, will pay for the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court.
Now therefore, we ________________, as Principal, and ____________________, as Surety, are obligated to the City of Pleasant Hill, in the sum of $ ___________________, lawful money of the United States, for the payment of which sums will and truly to be made, we the Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions.
The condition of this obligation is that if Principal, its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay for any labor, materials, or other supplies, used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them, in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attorney's fee, to be fixed by the court.
No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of the contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.
City of Pleasant Hill
Shelly Drive and Ruth Drive Storm Drain Rehabilitation Project Project No. 02-25
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In witness, the parties have executed this agreement as of ____________, 2026. (Principal)___________________________
By:_________________________________
Title:_______________________________
(Surety)_____________________________
By:_________________________________
Address of Surety:_____________________
____________________________________
____________________________________
Surety's Bond Number_________________
(Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond.)