Agreement between City of Union City 1
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
AGREEMENT
BETWEEN THE CITY OF UNION CITY AND CONTRACTOR NAME
PROJECT NAME
CITY PROJECT NO. PROJECT NUMBER
The City of Union City (“City”) enters into this contract (“Agreement”), dated for reference purposes only, with Contractor Name , Address, State, Zip (“Contractor”), .
The City and the Contractor agree as follows:
1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, services, labor, materials, and skill necessary to perform and complete in a good and workmanlike manner the construction of the Project (“Work”) as shown in the Contractor’s Scope of Work in Exhibit A.
2. LOCATION OF WORK. The Work will be performed at the following location(s):
Location of Work.
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within Number of Days days from the date specified in the City’s Notice to Proceed (“Time for Completion”).
4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, or as such time may be amended by Change Order or other amendment or modification to this Agreement in accordance with its terms and conditions, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this Agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, an assessment of Liquidated Damages of no more than $500 per day in accordance with California Government Code Section 53069.85 and the Contract Documents, and/or obtaining or providing for substitute performance in accordance with the Contract Documents.
5. TERMINATION. For any reason or for no reason, at the City’s sole discretion.
Agreement between City of Union City 2
and Contractor
City Project No. XX-XX
5.1 In accordance with California Public Contract Code Section 7105, in addition to all other available remedies that the City may have under the Agreement, and at law or equity, the City may terminate the Contractor’s control of the Work:
5.2 If the Contractor or any of its subcontractors engaged in the performance of the Work fails to timely perform the Work and/or any of the Contractor’s material obligations under the Contract Documents, including but not limited to submission of an acceptable schedule, that have accrued except for due to reasons beyond the control of the Contractor pursuant to the Contract Documents.
5.3 If the Contractor is adjudged bankrupt, or if it should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of its creditors.
5.4 If the Contractor or any of the subcontractors engaged in the performance of the Work persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials for the timely completion of the Work.
5.5 If the Contractor fails to make prompt payment to subcontractors engaged in the performance of the Work or for material or labor used in the performance of the Work in accordance with the Contract Documents and applicable law.
5.6 If the Contractor or any subcontractors engaged in the performance of the Work persistently disregards laws or ordinances applicable to the performance of the Work, or the instructions of the City, the Construction Manager, the Architect, or other authorized representatives of the City.
6. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of Write Out Amount Dollars ($XXXX) (the “Contract Price”) as specified in the Contractor’s Cost Proposal attached to and incorporated in this Agreement as Exhibit B. Payment to the Contractor under this Agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this Agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this Agreement is subject to and may be offset by charges that may apply to the Contractor under this Agreement. Such charges include, but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.
Agreement between City of Union City 3
and Contractor
City Project No. XX-XX
7. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department- City of Union City, 34009 Alvarado-Niles Road, Union City, California 94587, and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.
Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
8. INSURANCE. Contractor shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile and liability, insurance coverage relating to services of Contractor, its agents, representatives, employees or subcontractors to be performed hereunder covering City’s risks in form subject to the approval of the City Attorney. The cost of such insurance shall be included in Contractor’s bid.
Agreement between City of Union City 4
and Contractor
City Project No. XX-XX
The minimum amounts of coverage corresponding to the aforesaid category of insurance per insurable event, shall be as follows:
Insurance Category Minimum Limits
Workers’ Compensation Statutory minimum, as required of under the Labor Code of the State of
California
Employer’s Liability $1,000,000 per accident
for bodily injury or disease.
Commercial General $2,000,000 per occurrence
Liability and injury $4,000,000 aggregate for bodily injury, personal and property damage.
Automobile Liability $1,000,000 per accident,
$2,000,000 aggregate for bodily injury and
property damage (coverage required to the
extent applicable to Contractor’s vehicle usage
in performing services hereunder).
9. THE CONTRACT DOCUMENTS. This Agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this Agreement as if set forth in full as one contract. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:
9.1 This Agreement, and Change Orders and other amendments to the Agreement signed by authorized representatives of the City and the Contractor.
9.2 The Contractor’s completed Contractor License Information
9.3 The Contractor’s completed List of Proposed Subcontractors
9.4 The Contractor’s Workers Compensation Insurance Certification
9.5 The Contractor’s completed Certificates of Insurance and Endorsement
10. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this Agreement, or any moneys due or to become under this Agreement, or any other right or interest of the Contractor under this Agreement, or delegate any obligation or duty of the Contractor under this Agreement, without the prior written approval of an official authorized to bind the City and an authorized Agreement between City of Union City 5
and Contractor
City Project No. XX-XX
representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s surety or sureties will be void and a material breach of this Agreement subject to all available remedies under the Contract Documents and at law and equity.
11. CERTIFICATION RE CONTRACTOR’S LICENSE . By signing this Agreement the Contractor certifies that the Contractor holds a valid Specify Contractor License Type issued by the Contractors State License Board of California, and that the Contractor understands that failure to maintain its license(s) in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Public Contract Code, California Business and Professions Code and other applicable laws and regulations, and may constitute a material breach of this Agreement subject to all available remedies under the Contract Documents and at law and equity.
12. NOTICE OF THIRD-PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City shall provide the Contractor with timely notice of claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification.
13. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.
Executed on ___________________, by
CITY OF UNION CITY, CONTRACTOR
A Municipal Corporation
______________________________ ______________________________
JOAN MALLOY, CITY MANAGER NAME, TITLE
ATTEST:
______________________________
THAI NAM N. PHAM
CITY CLERK
Agreement between City of Union City 6
and Contractor
City Project No. XX-XX
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
Agreement between City of Union City 7
and Contractor
City Project No. XX-XX
EXHIBIT A
SCOPE OF WORK
Agreement between City of Union City 8
and Contractor
City Project No. XX-XX
EXHIBIT B
COST PROPOSAL
Agreement between City of Union City 9
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
PERFORMANCE BOND
.....KNOW ALL MEN BY THESE PRESENTS:
.....WHEREAS the City Council of the City of Union City has awarded to Contractor Name, (designated as the “PRINCIPAL”) a contract for the Name of Project, City Project No.
Project Number, which contract and all of the contract documents as defined therein (designated as the “Contract”) are hereby made a part hereof; and WHEREAS, said PRINCIPAL is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, WE, the PRINCIPAL and as
surety (designated as “SURETY”), an admitted surety insurer authorized to do business in the State of California, are held and firmly bound unto the City (designated as “OBLIGEE”), in the penal sum of Write out Amount Dollars ($XXXX) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, and administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above bound 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 perform the covenants, conditions and agreements in the Contract and any alteration thereof 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 intent and meaning, and shall defend, indemnify and save harmless the OBLIGEE, it’s officials, officers, employees, volunteers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.
And the said SURETY, for value received, hereby 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 thereunder or to the specifications or the plans accompanying the same or to any other part of the contract documents, as defined therein, shall in any way affect said SURETY’s obligation on this bond, and the SURETY does hereby waive notice of any such change, extension of time, alteration or addition.
And the said SURETY, for value received, hereby stipulates and agrees that upon termination of the Principal’s control of Work for any of the reasons specified in Sections
11.2.1.1 through 11.2.1.6 of the General Conditions of the Contract, the OBLIGEE reserves the right to refuse tender of the PRINCIPAL by the SURETY to complete the Agreement between City of Union City 10
and Contractor
City Project No. XX-XX
Contract work.
If any action shall be brought by the OBLIGEE upon this bond, a reasonable attorney’s fee, to be fixed by the court, shall be and become a part of the OBLIGEE’s judgment in any such action.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this__________________________ day of ______________________________________, _____, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by their undersigned representatives, pursuant to authority of their governing bodies. (Corporate Seal) PRINCIPAL
Signature:
Print:
(Acknowledgement) Title:
(Corporate Seal) SURETY
Signature:
(Attorney-in-fact)
Print:
(Acknowledgement) Title:
(NOTE TO SURETY COMPANY: A certified copy of unrevoked resolution of authority for the attorney-in-fact must be submitted with and attached to the executed bid bond.) Agreement between City of Union City 11
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
PAYMENT/LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City Council of the City of Union City has awarded to Contractor Name, (designated as the “PRINCIPAL”) a contract for the Name of Project, City Project No. Project Number, which contract and all of the contract documents as defined therein (designated as the “Contract”) are hereby made a part hereof; and WHEREAS, pursuant to California Civil Code Section 9550, the PRINCIPAL is required, before entering upon the performance of the Contract, to file a payment bond with and have such bond approved by the officer or public entity by whom the Contract is awarded; and
WHEREAS, pursuant to California Civil Code Section 9554, such payment bond must be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the Contract, and must satisfy the other requirements specified in that section; and
WHEREAS, the PRINCIPAL is required in accordance with the Contract to furnish a payment bond in connection with the Contract to secure payment of claims of laborers, mechanics and materialmen employed on work under the Contract in accordance with applicable law;
NOW, THEREFORE, THESE PRESENTS WITNESSETH:
That the PRINCIPAL and the undersigned_____________________________, as surety (designated as “SURETY”), an admitted surety insurer authorized to do business in the State of California are held and firmly bound unto all laborers, material men, and all other persons named in California Civil Code Section 9100 in the sum of Write out Amount Dollars ($XXXX) lawful money of the United States, being a sum not less than one hundred percent of the total amount payable by the terms of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the PRINCIPAL or any of the PRINCIPAL’s subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay any persons named in California Civil Code Section 9100, or fail to pay for any labor, materials, provisions, provender, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or fail to pay amounts due under the Agreement between City of Union City 12
and Contractor
City Project No. XX-XX
Unemployment Insurance Code with respect to such work or labor, or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL or any subcontractors of the PRINCIPAL pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, that the SURETY will pay for the same in an amount not exceeding the amount herein above set forth, and also, in case suit is brought upon this bond, will pay a reasonable attorney’s fee to be awarded and fixed by the Court; otherwise this obligation shall be void.
It is hereby expressly stipulated and agreed by the said Surety, for value received, that this bond shall inure to the benefit of any and all of the persons named in Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
It is hereby further expressly stipulated and agreed by the said Surety, for value received, that no change, extension of time, alteration or addition to the terms of the Contract or the specifications or drawings accompanying the same or to any other part of the contract documents, as defined therein, shall in any manner affect the obligations of the SURETY on this bond, and SURETY does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this____________ day of __________________, _____, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by their undersigned representatives, pursuant to authority of their governing bodies. (Corporate Seal) PRINCIPAL
Signature:
Print:
(Acknowledgement) Title:
(Corporate Seal) SURETY
Signature:
(Attorney-in-fact)
Print:
(Acknowledgement) Title:
(NOTE TO SURETY COMPANY: A certified copy of unrevoked resolution of authority for the attorneyin-fact must be submitted with and attached to the executed bid bond.) Agreement between City of Union City 13
and Contractor
City Project No. XX-XX
13 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City Council of the City of Union City has awarded to Contractor Name (designated as the “PRINCIPAL”) a contract for Name of Project, City Project No. Project Number, which contract and all of the contract documents as defined therein (designated as the “Contract”) are hereby made a part hereof; and WHEREAS, the PRINCIPAL is required under the terms of the Contract to furnish a bond for the correction of any defects due to defective materials or workmanship in the work performed under the Contract.
NOW, THEREFORE, we the PRINCIPAL and the
undersigned_________________________, as surety (designated as “SURETY”), an admitted surety insurer authorized to do business in the State of California, are held and firmly bound unto the City of Union City, (designated as the “OBLIGEE”), in the penal sum of Write out Amount Dollars ($XXXX), lawful money of the United States, being a sum not less than ten percent (10%) of the final Contract price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if, during a maintenance period of one (1) year from the date of acceptance by the OBLIGEE of the contracted work, the PRINCIPAL upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects within seven (7) days from the date of said notice, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
If any action shall be brought by the OBLIGEE upon this bond, a reasonable attorney’s fee, to be fixed by the Court, shall be and become a part of OBLIGEE’s judgment in any such action.
No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the OBLIGEE named herein or the heirs, executors, administrator or successor of the OBLIGEE.
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this ____________day of ____________, the name and corporate 14 Agreement between City of Union City
and Contractor
City Project No. XX-XX
seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) PRINCIPAL
Signature:
Print:
(Acknowledgement) Title:
(Corporate Seal) SURETY
Signature:
(Attorney-in-fact)
Print:
(Acknowledgement) Title:
(NOTE TO SURETY COMPANY: A certified copy of unrevoked resolution of authority for the attorney-in-fact must be submitted with and attached to the executed bid bond.) 15 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
OPTIONAL
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Union City, whose address is 34009 Alvarado-Niles Road, Union City, California 94587, hereinafter called "City", Name of Contractor, whose address is Address of Contractor, hereinafter called "Contractor", and _______________________, whose address is ______________________________, hereinafter called “Escrow Agent” For consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for the project entitled Name of Project, City Project No. Project # in the amount of Write out Amount Dollars ($XXXX) dated _______________ (hereinafter referred to as the "Contract').
Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor.
Securities shall be held in the name of _________________________ and shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investments of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City.
These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.
16 Agreement between City of Union City
and Contractor
City Project No. XX-XX
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by contractor at any time and from tune to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day's written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10.The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:
On behalf of City: On Behalf of Contractor:
___________________________ ___________________________ Signature Signature
___________________________ ___________________________ Print Print
__________________________ ___________________________
Title Title
17 Agreement between City of Union City
and Contractor
City Project No. XX-XX
18 Agreement between City of Union City
and Contractor
City Project No. XX-XX
On behalf of Escrow Agent:
___________________________
Title
___________________________
Name
___________________________
Signature
___________________________
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
City of Union City: Contractor:
City of Union City: Contractor:
___________________________ __________________________
Signature Signature
___________________________ __________________________
Print Print
___________________________ __________________________
Title Title
___________________________ __________________________
Address Address
19 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
CALIFORNIA LABOR CODE SECTION 1861
WORKER’S COMPENSATION INSURANCE CERTIFICATION
In accordance with California Labor Code Section 1861, each contractor to whom a public works contract is awarded shall file with the awarding body the following certification prior to performing the work of the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” I, the undersigned, on behalf of _______________________________, the contractor, declare under penalty of perjury under the laws of the State of California that I understand and assent to the foregoing terms and so submit this certification. _____
Signature Date
Title/Position of Authorized Company
Representative
20 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM 1093
AFFIRMATIVE ACTION PROGRAM AMENDMENT TO SUBCONTRACT
IT IS HEREBY AGREED by the undersigned parties to the subcontract described below that said subcontract is hereby amended to include the following provisions:
1. Affirmative Action - Generally. The Subcontractor will not discriminate against any employee or applicant for employment because of race, color, sex, age, national origin or ancestry or religion. The Subcontractor will take affirmative actions to ensure that applicants are employed and are treated during employment without regard to their race, color, sex, age, national origin or ancestry or religion, with the goal that the ethnic composition of the Subcontractor's work force component for the project will approximate the ethnic composition of the population of the City of Union City (“City”).
Such action shall include, but not be limited to, employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship, preapprenticeship training and on-the-job training. The Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City that set forth the provisions of this amendment.
2. Access to Records. The Subcontractor will permit access to its records of employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission (“FEPC”), the City, or any appropriate employee, department or agent thereof, designated by the FEPC or by the City respectively, for the purpose of investigation to ascertain compliance with the California Fair Employment Practices Act or the provisions of this amendment.
3. Recruitment.
a. Non-Union Employees. If the Contractor employs non-union employees, such employees shall be recruited in accordance with the provisions of this subsection.
Advertising placed with any media will include the notation: "An Equal Opportunity Employer". Advertisements will be placed with media having a large circulation among minority groups. The Subcontractor will send to each source of employee referrals, other than labor unions or worker's representatives, a notice, in such form and content as shall be furnished or approved by the City, advising said source of employee referrals of the Subcontractor's commitments under this amendment to subcontract, and shall post copies of the notice in conspicuous places available to the employees and applicants for employment. Recruitment of non-union employees shall, to the maximum extent possible, utilize the services of minority group employees. 21 Agreement between City of Union City
and Contractor
City Project No. XX-XX
b. Union Employees. Union employees shall be recruited in accordance with applicable labor agreements. The Subcontractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, in such form and content as shall be furnished or approved by the City, advising said labor union or worker's representative of the Subcontractor's commitments under this amendment to subcontract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The Subcontractor agrees to seek the inclusion, on all union agreements to which he is a party, clauses prohibiting discrimination based upon race, color, sex, age, national origin or ancestry, or religion. To the maximum extent consistent with applicable labor agreements, the Subcontractor will attempt to recruit applicants without regard to race, color, sex, age, national origin or ancestry, or religion.
4. Withholding Penalties. The Contractor may withhold or recover from the Subcontractor sufficient funds to cover any penalties withheld from or recovered against the Contractor by the City by reason of the Subcontractor's failure to comply with the terms of this amendment.
5. Alternative Affirmative Action Programs. Compliance with a multi-employer program approved by the Office of Federal Contract Compliance shall be deemed to constitute compliance with this amendment to subcontract as to construction crafts for which the Subcontractor is in compliance.
CONTRACTOR SUBCONTRACTOR
Signature Signature
_______
Print Print
Title Title
22 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM 1095
NOTICE: THIS COMPANY IS AN EQUAL OPPORTUNITY EMPLOYER
We participate in the Affirmative Action Program of the City of Union City and accept the following operating policy as an equal opportunity employer:
"It is the policy of this company to assure that applicants are employed and that employees are treated during employment without regard to their race, religious creed, color, sex, age, national origin or ancestry. Such action shall include, but not be limited to, employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship, pre-apprenticeship training and on-the-job training."
COMPANY
Legal Name of Company
ON BEHALF OF THE CONTRACTOR
Signature
Name
Title
Date
2687810.1
23 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CERTIFICATION OF SAFETY REQUIREMENTS FOR
CONTRACTORS AND VENDORS
California Code of Regulations, Title 8, Section 1509
To work as a contractor or vendor with the City of Union City, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards.
The undersigned hereby certifies that his/her organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal-OSHA Safety Standards, and that his/her organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job.
The undersigned also hereby certifies that his/her organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of Union City of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site.
Name of Company
Signature of Contractor Representative
Print
Dated: __________________________
NOTE: This certification must be completed and returned by the successful bidder prior to the start of construction.
24 Agreement between City of Union City
and Contractor
City Project No. XX-XX
DRUG-FREE WORKPLACE CERTIFICATION
The bidder ______________________________________hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan.
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
Dated:_______________________, 20____. ________________________________ Contractor’s Signature
_________________________________
Print
NOTE: This certification must be completed and returned by the successful bidder prior to the start of construction.
25 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
RELEASE FORMS
1. Form No.1: Conditional Waiver and Release upon Progress Payment
2. Form No. 2: Unconditional Waiver and Release upon Progress Payment
3. Form No. 3: Conditional Waiver and Release upon Final Payment
4. Form No. 4. Unconditional Waiver and Release upon Final Payment
5. Form No. 5: Release of All Claims
26 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 1
CALIFORNIA CIVIL CODE SECTION 8132
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document.
Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:
Maker of Check:
27 Agreement between City of Union City
and Contractor
City Project No. XX-XX
Amount of Check: $
Check Payable to:
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
Date(s) of waiver and release:
Amount(s) of unpaid progress payment(s): $
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
28 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 2
CALIFORNIA CIVIL CODE SECTION 8134
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP
PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date:
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document.
Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $
29 Agreement between City of Union City
and Contractor
City Project No. XX-XX
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
30 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 3
CALIFORNIA CIVIL CODE SECTION 8136
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT
RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job.
Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:
Maker of Check:
Amount of Check: $
Check Payable to:
Exceptions
31 Agreement between City of Union City
and Contractor
City Project No. XX-XX
This document does not affect any of the following:
Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
32 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 4
CALIFORNIA CIVIL CODE SECTION 8138
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.
Exceptions
This document does not affect the following:
Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
33 Agreement between City of Union City
and Contractor
City Project No. XX-XX
CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587
FORM NO. 5
RELEASE OF ALL CLAIMS
In consideration of final payment of undisputed contract amounts relating to the Agreement for Work on the Name of Project, City Project No. Project Number (“Project”), (“Project”), the Contractor hereby releases the City of Union City (“City”) from any and all claims for payment on the project Work, except for any disputed Work and any disputed amounts set forth below:
DESCRIPTION OF DISPUTED WORK CHECK IF NONE:________
DESCRIPTION OF DISPUTED AMOUNTS CHECK IF NONE:________
The Contractor acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Contractor, in that connection, acknowledges that it may have sustained damages, losses, costs or expenses that are presently unknown to the Contractor or damages, losses, costs or expenses which have already been sustained but which may give rise to additional damages, losses, costs or expenses in the future. Nevertheless, the Contractor acknowledges that this Release of All Claims has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it may have under California Civil Code Section 1542 or under any other state or federal statutes, regulations or common law principle of similar effect.
Signature: _____
Printed Name:
Official Title:
Company: