18-0306_LUCAS BUILDERS, INC._Contract00 52 13 — CONTRACT
This CONTRACT, No. is made and entered into this Lday of
by and between City of San Juan Capistrano, sometimes hereinafter called "City," and
Lucas Builders, 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:
1-5/ ORTEGA INTERCHANGE BIO -FILTRATION PROJECT
1. CAMINO CAPISTRANO @ 1-5 (CIP 12502)
2. DEL OBISPO STREET (16502)
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.
a. 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 Distric's Notice to Proceed. The Contractor
shall complete all Work required by the Contract Documents at Location 3 on Camino
Capistrano (Caltrans Enroachment permit area) within 80 calendar days and within 100
calender days for the remaining Work 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. I.
b. 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
Three Hundred Ninety Nine Thousan Two Hundred fni,r Dollars
($399,204 ). Payment shall be made as set forth in the General
Conditions.
C. 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.
61147.D21 00\20950242.3 -41- 00 52 13 CONTRACTS
d. 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
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions/ General Requirements
Special Conditions/ Special Provisions
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.
e. 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.
f. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth
in the General Conditions.
g. 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
61147.021 00\20950242.3 -42- 00 52 13 CONTRACTS
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,
on the day and year above written.
Lucas Builders, Inc.
Name of Contractor
B
Silva
Narna and Title: President
License No. 98229E
Date: 02-20-2018
CITY OF SAN JUAN CAPIST ANO
By
n3a ieg,- , City Manager
Date:
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
Approved as to form this L day of re- r c -•-r Y 201S.
61147.02100\20950242.3
At me for City of S n Juan Capistrano
ATTEST:
B .
Y
W"
Zi�c7lerk San Jua apis"no
END OF CONTRACT
-43-
00 52 13 CONTRACTS
N5
•RNIA ALL-PURPOSE ACKNOWLEDGMENT•
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange )
On March 08, 2018 before me, Priscilla Moynier, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Saman Silva
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(R) whose name(sr) is/ane
subscribed to the within instrument and acknowledged to me that he/9bWMwy executed the same in
his/hazetttair authorized capacity(k*, and that by his/has(*ak signature(R) on the instrument the person(a),
or the entity upon behalf of which the person( acted, executed the instrument.
PRISCILLA MOYNIER
Commission # 2062910
Notary Public - California i
Z ' Orange County
M Comm. Expires Apr 18, 2018
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature &U�&v
Signature bf Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 00 52 13 - Contract
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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