17-0817_AEGIS ITS, INC._Contract 00 5213—CONTRACT
This CONTRACT, No. is made and entered into this it day of(a Q,t 2'9
by and between City of San Juan Capistrano, sometimes hereinafter called "City," and Aegis
ITS,Inc.,sometimes hereinafter called"Contractor."
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in
the Contract, and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5, below, for the following Project:
CITYWIDE PEDESTRIAN COUNTDOWN SIGNAL HEADS REPLACEMENT CIP 15103
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor's failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The
Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor
shall complete all Work required by the Contract Documents within 45 calendar days (duration
of the project) from the commencement date stated in the Notice to Proceed. By its signature
hereunder, Contractor agrees the time for completion set forth above is adequate and
reasonable to complete the Work.
c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs,the sum of Forty One Thousand Three
Hundred Sixty Eight dollars Nine Eight cents 441,368.981 Payment shall be made as set
forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is
agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11
for each and every calendar day of delay beyond the time prescribed in the Contract Documents
for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event
this is not paid, the Contractor agrees the City may deduct that amount from any money due or
that may become due the Contractor under the Contract. This Article does not exclude recovery
of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
CIP 15103 _39_ 00 52 13-CONTRACT
61147.02100\29687858.2
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment(Labor and Materials)Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition,
Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all, This Contract shall
supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and
every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the California Labor Code and California Public Contract Code which are
applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth
in the General Conditions and the attached,revised Indemnification referred to as''EXHIBIT
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages
in accordance with the Labor Code which such rates shall be made available at the City's
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
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CIP 15103 -40- 00 52 13-CONTRACT
61147 02100\29687856 2
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,
on the day and year above written.
A e"1.rte. 4.--)S Inc, CITY OF SAN JUAN CAPISTRANO
"Name of Cont :ctor
By — s By �..
t-J
' Ma -.. , i
Name and Title: C .' et ; i - r { .•,+ .
Date: • - (D --l7
License No. 9b9067
Date: 7- ZI -ZA l 7
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED,IF APPLICABLE)
Approved as to form this 511' day of 34,17 2011.
orn for Cityaof� n Juan Capistrano
END OF CONTRACT
ATTEST:
r
40
Mariaorris, City Ole
CIP 15103 -41- 00 52 13-CONTRACT
61147 02100123667656 2
EXHIBIT"A"
ARTICLE 47.INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel
approved by the City), indemnify and hold harmless the City, officials, officers, agents,
employees, and representatives, and each of them from and against:
A. Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not
limited to, injury to or death, including wrongful death, of any person, and
damages to or
destruction of property of any person,arising out of, related to, or in any manner
directly or indirectly connected with the Work or this Contract, including claims
made by subcontractors for nonpayment, including without limitation the payment
of all reasonable attorney's fees and other related costs and expenses, arising
from the negligent acts or omissions or willful misconduct of Contractor, and
except to the extent of the sole or active negligence or willful misconduct of City.
B. Contractor's defense and indemnity obligation herein includes but is not limited
to damages, fines, penalties, attorney's fees and costs arising from claims under
the Americans with Disabilities Act (ADA) or other federal or state disability
access or discrimination laws arising from Contractor's Work during the course of
construction of the improvements or after the Work is complete,as the result of
defects or negligence in Contractor's construction of the improvements.
C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Contractor;
D. Any and all losses, expenses, damages{including damages to the Work itself),
reasonable attorney's fees, and other costs, including all costs of defense which
any of them may incur with respect to the failure, neglect, or refusal of Contractor
to faithfully perform the Work and all of Contractor's obligations under the
agreement. Such costs, expenses, and damages shall include all costs, including
reasonable attorney's fees, incurred by the indemnified parties in any lawsuit to
which they are a party.
The only limitations on this provision shall be those imposed by Civil Code section 2782.