HomeMy WebLinkAbout2207C Executed Contract.pdf AGREEMENT
THIS AGREEMENT made at Fresno, in Fresno County, California, by and between Bush Engineering,
Inc. hereinafter called the Contractor, and the County of Fresno hereinafter called the Owner.
WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as
follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and
appliances required, but excluding such materials as are mentioned in the specifications to be furnished
by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens
and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers
required for:
WEST PARK PEDESTRIAN PATHWAY
GROVE AVENUE FROM PROSPECT TO VALENTINE AVENUES
AND VALENTINE AVENUE FROM GROVE AVENUE TO WEST PARK SCHOOL CROSSING
FEDERAL PROJECT NUMBER: ATPSB1L-5942(301)
CONTRACT NUMBER: 22-07-C
All in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and
other contract documents relating thereto.
ARTICLE II. The Contractor and the Owner agree that the Notice to Bidders and Special Provisions,
the Wage Scale (Prevailing Wages), the Plans and Drawings, Addenda and Bulletins thereto, and the
Proposal (Bid Book) hereto attached, together with this Agreement, form the contract, and they are as
fully a part of the contract as if hereto attached or herein repeated.
All portions of the Standard Specifications of the State of California, Department of Transportation, dated
2015, which are not in conflict with this contract shall be deemed a part of the specifications as though
fully therein set forth; provided, however, that revisions to the said Standard Specifications shall apply
only to the extent, if any, included in the Project Details of these specifications or as otherwise
incorporated directly herein. No part of said specifications which is in conflict with any portion of this
agreement, or which is not actually descriptive of the work to be done thereunder, or of the manner in
which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly
null and void.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the
contract the sum of SIX HUNDRED AND NINETY FIVE THOUSAND NINE HUNDRED AND SIXTY
FOUR DOLLARS AND 00/100 ($695,964.00) it being understood that said price is based upon the
estimated quantities of materials to be used as set forth in the Proposal, except where provisions are
made in the contract documents whereby the estimated quantities shall constitute the final quantity; that
upon completion of the project the final contract prices shall be revised by change order, if necessary,
to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal
hereto attached. Payments on account thereof will be made as set forth in the special provisions.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on account of his
insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the
contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which
Contract Number 22-07-C
extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he
should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard
laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the
Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor
and his surety of its intention to terminate the contract, and unless within five days after the serving of
such notice, such violations shall cease and satisfactory arrangements for correction thereof be made,
the contract shall, upon the expiration of said five days, cease and terminate.
In the event of any such termination, the Owner shall immediately serve written notice thereof upon the
surety and the Contractor, and the surety shall have the right to take over and perform the contract,
provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination
does not give the Owner written notice of its intention to take over and perform the contract or does not
commence performance thereof within the ten (10) days stated above from the date of the serving of
such notice, the Owner may take over the work and prosecute the same to completion by contract or by
any other method it may deem advisable, for the account and at the expense of the Contractor, and the
Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby,
and in such event the Owner may without liability for so doing, take possession of and utilize in
completing the work such materials, appliances, plant and other property belonging to the Contractor as
may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled
to receive any further payment until the work is finished. If the unpaid balance of the contract price shall
exceed the expenses of finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such
unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the
Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by
the Engineer.
ARTICLE V. To the fullest extent permitted by law with respect to any work required to be done under
this contract, the Contractor will indemnify and hold harmless the COUNTY OF FRESNO, STATE OF
CALIFORNIA, CALTRANS, UNITED STATES OF AMERICA, CONSULTANTS and all other
participating public agencies, whether or not said agencies are named herein, who have jurisdiction
within the areas in which the work is to be performed, and all officers and employees of the Owner, the
County, the State, the United States and said other participating agencies, from any and all costs and
expenses, attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
agents or employees under this Agreement, and from any and all costs and expenses, attorney fees and
court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or
corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents or employees under this Agreement. In addition, CONTRACTOR
agrees to indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from
non-compliance herein on the part of CONTRACTOR.
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities,
claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to
perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and
all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
firm, or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
The Certificate of Insurance shall be issued in duplicate, to the COUNTY OF FRESNO and all other
participating agencies, whether or not said agencies are named herein, who contribute to the cost of the
work or have jurisdiction over areas in which the work is to be performed and all officers and employees
of said agencies while acting within the course and scope of their duties and responsibilities.
Contract Number 22-07-C
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided,
the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon
the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current AM Best Company rating of A FSC
VII or better.
Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties,
CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement
or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits not less than those shown in the following table:
Liability Insurance Requirements
Total bid For each Aggregate for products/completed General b Umbrella or
occurrencea operation aggregate excess liabilityc
<_ $1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000
> $1,000,000
<_ $10,000,000 $1,000,000 $2,000,000 $2,000,000 $10,000,000
> $10,000,000
:5 $25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000
> $25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
aCombined single limit for bodily injury and property damage.
bThis limit must apply separately to your work under this Contract.
°The umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the
event the primary limits are impaired or exhausted.
This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability, or any other liability insurance deemed necessary because of the of the nature of this contract.
Such Commercial General Liability insurance shall name the County of Fresno, its officers, agents, and
employees, individually and collectively, as additional insured, but only insofar as the operations under
this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance
and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees
shall be excess only and not contributing with insurance provided under CONTRACTOR's policies
herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY. CONTRACTOR shall obtain endorsements to the Commercial General
Liability insurance policy naming COUNTY as an additional insured and providing for a thirty (30) day
prior written notice of cancellation or change in terms or coverage.
Within eight(8) days from date CONTRACTOR executes this Agreement, CONTRACTOR shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno, or to designservices(o�-fresnocountyca.gov, stating that such insurance
coverages have been obtained and are in full force; that the County of Fresno, its officers, agents and
employees will not be responsible for an premiums on the policies; that such Commercial General
Liability insurance names the County of Fresno, its officers, agents, and employees, individually and
Contract Number 22-07-C
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned; that such coverage for additional insured shall apply as primary insurance an any other
insurance, or self- insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance, written notice given to COUNTY.
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the
County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured,
but only insofar as the operations under this Agreement are concerned. Such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents, and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR'S policies herein. This insurance shall not be cancelled or changed
without a minimum or thirty (30) days advance written notice given to COUNTY.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000) per accident for bodily injury and property damage. Coverage should include owned and
non-owned vehicles used in connection with this Agreement and all applicable endorsements.
C. Professional Liability
If CONTRACTOR is a licensed professional or employs professional staff, (e.g., Architect, Engineer,
Surveyor, etc.) in providing services, Professional Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate
with a provision for 3 year tail coverage.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in
compliance with the provisions of the Labor Code of the State of California and during the performance
of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor
shall supply the Owner with certificates of insurance, in duplicate, evidencing that Worker's
Compensation Insurance is in effect and providing that the Owner will receive ten days notice of
cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure
should be provided the Owner.
ARTICLE VII. The Contractor shall forthwith furnish in duplicate, a faithful performance bond in an
amount equal to 100% of the contract price and a payment bond in an amount equal to 100% of the
contract price, both bonds to be written by a surety company acceptable to the Owner and in the form
prescribed by law.
The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to
pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under
the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment
Development Department and to the Franchise Tax Board from the wages of the employees of the
Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the
payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.
ARTICLE VIII. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with the Department of Industrial Relations
Contract Number 22-07-C
pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes
only under Labor Code section 1771.1(a)).
Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be awarded a
contract for public work on a public works project or engage in the pW.ormance of work on any public
works project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.
Contractor shall comply with all applicable laws and regulations relating to wages and employment,
including all requirements imposed by the California Department of Industrial Relations (DIR).
Contractor shall cooperate with County to furnish timely all information necessary for County's
completion of the form required to be submitted by County when registering the Project on the DIR
website; and County thereafter shall provide to Contractor the "Project ID Number" assigned by DIR in
order to facilitate Contactor's submission to DIR of its certified payrolls for the Project, in the manner
required and using such form as may be prescribed by DIR, in accordance with the provisions of Labor
Code section 1771.4(a)(3).
ARTICLE IX: Governing Law—Venue for any action arising out of or relating to this Agreement shall be
in Fresno County, California. This Agreement shall be governed by the laws of the State of California.
ARTICLE X: USE OF UNITED STATES FLAG VESSELS: The Contractor agrees:
(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment. material,or commodities pursuant to this contract,to the extent such
vessels are available at fair and reasonable rates for United States-flag commercial vessels.
"(2) To furnish within 20 days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside the United
States. a legible copy of a rated, 'on-board'commercial ocean bill-of-lading in English for each shipment
of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime
contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590.
"(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
contract.
ARTICLE XI: REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION
CONTRACTS Attachment B under the"Federal Requirements" section—(Form 1273) must be
physically inserted, unmodified in its entirety, into all subcontracts, except for purchase orders, rental
agreements and other agreements for supplies or services entered into as a result of this contract.
ARTICLE XII: MINIMUM FEDERAL WAGE RATES The Minimum Federal Wage Rates
Determination is hereby physically attached, in conformance with federal 10-day rule as a part of
this contract(Exhibit B). This wage rate determination applies to federal-aid contracts and all work
performed exceeding $2000 by subcontracts and subsequent lower-tier subcontracts and is
required to be physically included in each executed contract.
This Contract, 22-07-C, was awarded by the Board of Supervisors on November 8, 2022. It has been
reviewed by the Department of Public Works and Planning and is in proper order for signature of the
Chairman of the Board of Supervisors.
IN WITNESS WHEREOF,they have executed this Agreement this 13th day of
December , 2022
Contract Number 22-07-C
[71.LSN 5,!G-1Irjk5kEP--J N6n COUNTY OF FRESNO
(CONTRACTOR) (OWNER)
By*j h l� By IL kL
Brian Pacheco, Chairman
of the Board of Supervisors of the
County of Fresno
Title
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By-
eputy
Contract Number 22-07-C
CONTRACT INFORMATION
PROJECT NAME: West Park Pedestrian Pathway
Contract:22-07-C
VENDOR NAME: Bush Engineering, Inc.
BUDGET#:4510 ACCOUNT#:7370 PROG/MEMO# N/A
PROJECT#D29900 ACTIVITY CODE#:4750 AMT: $695,964.00
MULTI-DISTRIBUTIONS
BUDGET#: ACCOUNT#: PROG/MEMO#
PROJECT# ACTIVITY CODE#: AMT: $
BUDGET#: ACCOUNT#: PROG/MEMO#
PROJECT# ACTIVITY CODE#: AMT: $
EXPIRATION DATE:
CONTACT PERSON: Iliana Martinez PHONE#:04329
SPECIAL INSTRUCTIONS:
Contract No.22-07-C