TOWN OF HILLSBOROUGH PUBLIC WORKS DEPARTMENT AGREEMENT FOR PUBLIC IMPROVEMENTS SKLYINE BOULEVARD PAVEMENT REPAIR PROJECT THIS AGREEMENT is made and entered into as of the -----------------, by and between the TOWN OF HILLSBOROUGH ( TOWN ) and ----------------( CONTRACTOR ) as follows: 1. Work and Compensation. Subject to the provisions of paragraph 3, CONTRACTOR shall perform the work shall accept the sum of ----------------- (the "Contract Price") set forth in Exhibit A, attached hereto and by reference incorporated herein. If the Contract Price is increased or decreased pursuant to this Agreement, the increased or decreased amount shall be the Contract Price. 2. Term of Agreement. Subject to the provisions of paragraph 3, the term of this Agreement shall begin upon execution of this Agreement by both parties and shall end upon completion of the work set forth in Exhibit A and the acceptance of such work by TOWN. 3. Termination. TOWN may terminate this Agreement upon fifteen (15) days prior written notice to CONTRACTOR. Unless otherwise agreed by the parties at that time, CONTRACTOR shall cease all work under this Agreement upon receiving a notice of termination under this paragraph. In the event that this Agreement is terminated prior to the completion of the work, the compensation set forth in Exhibit A shall be prorated and CONTRACTOR shall be paid only that portion of the compensation applicable to work performed until the termination of this Agreement. 4. Prevailing Wage, Statement of Compliance. The work described herein constitutes a public work under California Labor Code Section 1720, and all relevant prevailing wage requirements shall apply. As required by California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages (obtained from the Director of the Department of Industrial Relations) are on file at the City Engineer s office and shall be made available to any interested party upon request. A copy of the prevailing rate of per diem wages shall be posted at each job site. Contractor shall complete a Statement of Compliance regarding deductions, apprentices, and fringe benefits, in the form set forth in Exhibit B, attached hereto and by reference incorporated herein, for each payroll period for the duration of the work. CONTRACTOR shall promptly submit to TOWN Certified Payrolls for said pay periods. 5. Changes in the Work. Town, without notice to the sureties and without invalidating any provision of this Agreement, may order changes (that are not material, substantial changes in the character of the work) in the work described in Exhibit A by altering, adding to, or deducting from such work, and the compensation set forth in Exhibit A shall be adjusted accordingly. Contractor shall perform such changes following the issuance of a written change order by Town, stating the work to be altered, the adjustment in the compensation, and any adjustment in the time for performance. If the parties cannot agree on the change in compensation, it shall be made on the basis of force account with a five percent (5%) mark-up in Skyline Boulevard Pavement Repair Project Contract 1 of 7
labor and materials. If the compensation is reduced by alteration of the work, Contractor shall not be entitled to compensation based on loss of anticipated profit from the altered or deleted work. Notwithstanding the foregoing, Town may, without notice to the sureties and without invalidating any provision of this Agreement, make minor alterations, deviations, or changes to the work described in Exhibit A without affecting the compensation, time for performance, or any other terms of this Agreement, and Contractor shall make such minor alterations, deviations, or changes. 6. Claims. Any claim by CONTRACTOR for additional time and/or compensation shall be submitted in writing within five (5) business days of the event or occurrence giving rise to the claim. Any claim not submitted within this time limit shall be deemed waived. All claims shall be accompanied by adequate supporting data and shall be submitted to TOWN before final payment is made. Any claim not submitted before final payment is made is deemed waived. CONTRACTOR shall make all of its books and records available to TOWN for review and copying if CONTRACTOR submits any claim. There shall be no claim for delay or disruption unless the event or occurrence giving rise to the claim actually delays completion of the work beyond the agreed upon completion date. In no event may a claim for delay or disruption include damages for lost profits or extended general and administrative overhead, other than for on-site supervision. If TOWN is responsible for a delay or suspends the work but, in either case, notifies CONTRACTOR in sufficient time for CONTRACTOR to reassign its crew, then TOWN shall not be responsible for any monetary damages and CONTRACTOR s sole remedy shall be an extension in the time for performance. Any claim submitted by CONTRACTOR shall be accompanied by the following signed statement: I,, being the [must be an officer] of, the general contractor, declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: (i) I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents; (ii) the claim is made in good faith; (iii) the supporting data is truthful and accurate; (iv) the amount requested accurately reflects the contract adjustment for which Contractor believes Town is liable; (v) I am familiar with California Penal Code Section 72 and California Government Code Section 12650, et seq., pertaining to false claims, and know and understand that submission or certification of a false claim may lead to fines, imprisonment, and/or other severe legal consequences. 7. Reliance on Professional Skills of Contractor. CONTRACTOR represents that it has the necessary professional skills to perform the work hereunder. TOWN is relying on such skills. 8. Relationship of Parties. The relationship of CONTRACTOR to TOWN is that of an independent contractor; all persons working for or under the direction of CONTRACTOR are its agents or employees and not agents or employees of TOWN. Skyline Boulevard Pavement Repair Project Contract 2 of 7
9. Nonassignment. This Agreement is not assignable either in whole or in part. CONTRACTOR shall not subcontract the work without the TOWN s prior written consent. 10. Amendments. This Agreement (including all exhibits) may be amended or modified only by written agreement signed by both parties. Changes made to any of the provisions of Exhibit A shall be evidenced by a written change order signed by both parties. 11. Validity. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. Governing Law/Litigation. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party shall pay the reasonable expenses of litigation (costs and fees, including reasonable attorneys fees) of the successful party. 13. Entire Agreement. This Agreement, including Exhibits A and B, comprises the entire Agreement between the parties. 14. Indemnity. CONTRACTOR shall defend, indemnify, and hold TOWN, its elective and appointive boards, bodies, and commissions and members thereof, and its officers, employees, agents, and representatives harmless from any and all claims and liabilities arising directly or indirectly out of or in connection with or related to CONTRACTOR' s intentional acts or negligence in the performance of this Agreement. 15. Insurance. CONTRACTOR shall not commence work under this Agreement until all insurance required under this paragraph has been obtained. CONTRACTOR shall furnish TOWN with adequate evidence of the required insurance coverage. TOWN shall be named as an additional insured on all policies. Policies shall be endorsed to provide that thirty (30) days written notice shall be given to TOWN of any pending change in the limits of liability or of any cancellation or modification of the policy. a. Workers' Compensation and Employers' Liability Insurance. CONTRACTOR shall have in effect during the entire life of this Agreement Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, CONTRACTOR makes the following certification, required by Section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. b. Liability Insurance. CONTRACTOR shall take out and maintain during the life of this Agreement a bodily injury liability and property damage liability insurance policy as shall protect CONTRACTOR while performing work covered by this Agreement from any and all claims for damages for bodily injury, Skyline Boulevard Pavement Repair Project Contract 3 of 7
including accidental death, as well as any and all claims for property damage which may arise from CONTRACTOR's work under this Agreement, whether such work be by CONTRACTOR or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be One Million Dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. Such insurance policy shall name TOWN as an additional insured party. 16. Notice. All notices required by this Agreement shall be given to TOWN and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows: TOWN: Town of Hillsborough Attention: Director of Public Works 1600 Floribunda Avenue Hillsborough, CA 94010 CONTRACTOR: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written by their respective, duly authorized officers. TOWN OF HILLSBOROUGH By: Randy Schwartz City Manager Approved as to form: CONTRACTOR By: Title: By: Title: City Attorney Skyline Boulevard Pavement Repair Project Contract 4 of 7
EXHIBIT A SCOPE OF WORK AND COMPENSATION 1. DESCRIPTION OF WORK: Mobilization (includes clearing & grubbing); Excavate existing pavement section and curb & gutter for 120-foot by 18-foot area of the north bound lane of Skyline Boulevard as shown on the provided layout and details & diagrams; Reconstruct 120-foot by 18-foot area with a structural section of 7-inches Asphalt Concrete (Type A) over 17-inches of Aggregate Base Course (Class 2); Reconstruct approx.120-foot of Curb & Gutter on the east side of Skyline Boulevard; Install Traffic Striping, Provide a traffic control plan for review. Working hours are as follows: Monday-Friday 9am-3pm. 2. COMPENSATION: (see Bid Schedule on next page) Skyline Boulevard Pavement Repair Project Contract 5of 7
INSERT PAGE 2 OF INFORMAL BID REQUEST DOCUMENT Skyline Boulevard Pavement Repair Project Contract 6 of 7
EXHIBIT B STATEMENT OF COMPLIANCE Prevailing Wages, Deductions, Certified Payrolls, Apprentices, Fringe Benefits I,, do hereby certify under penalty of perjury: 1. That I pay or supervise the payment of the persons employed by, ( CONTRACTOR ) on the project; that during the payroll period(s) commencing on and ending on all persons employed on said project have been paid prevailing wages per California Labor Code Section 1720; and that all persons have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of CONTRACTOR from the full weekly wages earned by any person, and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948,63 Stat. 108,72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), as follows: Federal Withholding Tax, F.I.C.A., State Withholding Tax, State Disability Insurance, Applicable Union Deductions. 2. That all payrolls required to be submitted for the above time period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable prevailing wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. 3. That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor. 4. That: a. Where Fringe Benefits Are Paid To Approved Plans, Funds or Programs In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4c below. b. Where Fringe Benefits Are Paid In Cash Each laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4c below. c. Exceptions (Include an explanation for each craft listed) Name and Title Signature Date The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Skyline Boulevard Pavement Repair Project Contract 7of 7