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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: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907