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19-0115_SANCON ENGINEERING, INC_Contract 00 52 13—CONTRACT This CONTRACT, No. 18701 is made and entered into this 15th day of January, 2019, by and between City of San Juan Capistrano, sometimes hereinafter called "City," and Sancon Technologies 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 e below, for the following Project: Annual Sewer Rehabilitation Program, CIP 18701 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 120 calendar days 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 Eight Hundred Forty Four Thousand, Four Hundred Eighty One Dollars ($844,481). 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 Iran Contracting Act Certification Public Works Contractor Registration Certification 61147.02100\20950242.4 1 00 52 13-CONTRACT 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. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.02100120950242.4 2 00 52 13-CONTRACT IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. 7512nkor1 TtcNNOLoc'dj , *TN t_ CITY OF SAN JUAN CAPIST-ANO e of Contractor By a. By ::n =mi .eI, C. Manager Name and Title: mate: A CKvc4c +l4aw ys I�xs,o r- 2-5 ~ I License No. Date: 424,8 (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED,IF APPLICABLE) Approved as to form this c 4N day of CuM hC1 20_1 977i3 n City of am Juan Capistrano END OF CONTRACT 61147.02100120950242.4 3 00 52 13—CONTRACT Notary 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 Oifet,i,L..c,e. l !/ On ,60;(///746/Y� ,20/d, before me, f. l//Z (a KK. , Notary Public, personally appeared (i'I,C/L.! Pa --J , who proved to me on the basis of satisfactory evidence to be the person "whose name(a 1s/ate subscribed to the within instrument and acknowledged to me that he/# 1tkk,y executed the same in his/hernh it authorized capacity( j, and that by his/her/their signature(*on the instrument the person(, or the entity upon behalf of which'the person(11) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C.vttCANlu WITNESS myhand and official seal. COMM. 02166943 Notary Public•California Orange County Comm. ares Oct.30 2020 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document • Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above 61147.02100120950242.4 4 00 52 13—CONTRACT A. BID SCHEDULE ANNUAL SEWER REHABILITATION PROGRAM, CIP 18701 ID Description Estimated Unit Unit Extended Quantity Price Price Mobilization/Demobilization • (Cannot exceed 10%of bid items 2-22) 1 LSS f� S,/dry 2 Orange County Flood Control District Insurance and 1 LS 5-60 SGiD Permit Compliance, Complete Southern California Regional Rail Authority Permit 3 and Compliance, Complete 1 LS rk 4 Sheeting, Shoring and Bracing 1 LS S .#0021) 5 Traffic Control, Public Convenience and Safety 1 LS 140 04v 4 N*tS2M J 6 Potholing 10 EA ,>7!90401#ffi "1140 J+k 7 Dig and Replace 6"& 8"sewer line,depth s 10 ft. 270 LF 4.14153? ( ; ' #/35,WOO 8 Dig and Replace 6"&8"sewer line, depth> 10 ft. 120 LF OfrItai 4 O17Z4Z0 ,nt 9 Temporary Sewer Bypass 6"(All Segments) 1 LS >• coo # c u 10 Cured In Place Pipe Lining—6"diameter 990 LF 4 ' t4 #34., 11 Temporary Sewer Bypass 8"(All Segments) 1 LS , t,siV #1,ry 12 Cured-In-Place Pipe Lining-8"diameter 7,820 LF • S I #Z142;420 13 Cured-in-Place Pipe Lining 18"diameter storm drain 280 LF 4 fro p-a,cep 14 Cured-In-Place Pipe Partial Lining, 8"Diameter 200 LF 3$2 414,4400 15 Cured in Place Pipe Partial Lining, 15"Diameter 10 LF ice ,(5,/ot) 16 Cut and Remove Protruding laterals, gaskets, large 36 EA roots,other obstructions N33 IS,SB� 17 Manhole Rehabilitation(includes pressure grouting) 12 EA #j,740 4 St,810 18 Manhole Rehabilitation(no pressure grouting) 12 E&'1—trip 3�t'Q 19 Manhole Frame&Cover 12 EAAdt' '+ +�je 4 CLIZISJtr 20 Service Lateral Connection Repair(Top Hat Style) 48 EAd1, 1�1 . 414.5,tc6 21 Raise Manhole 16EA i '4 t Wrftt55,15t..►rr 22 Raise Cleanout 8 EA Jt �, ��Z �5'l(o JA A 1141`A The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column,then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. Sewer Rehabilitation Program,CIP 18701 -18- 00 41 43—BID FORMS column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. Note: In the process of evaluating bids, The City discovered a math error in the total bid price listed below. The City has provided the correct numerical total below, per the terms outlined above. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. B. TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR THE ANNUAL SEWER REHABILITATION PROGRAM CIP 18701 $844,481 (see note above) w: c4,.. 0! do Total Bid •rice in Numbers El e041" AIN bea rtra.1%1 00E, ONXSPoi Ta a.s- NvA,ac ti.a 041C. bozc.1 R,S. 1" Total Bid Price in Written Form b - ✓--- ) 7M , In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier. The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10)working days after the City provides the successful bidder with the Notice of Award. Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. Sewer Rehabilitation Program,CIP 18701 _19_ 00 41 43-SID FORMS