1997-1007_ALL AMERICAN ASPHALT_Contract • CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and All American Asphalt, hereinafter referred to as
"CONTRACTOR."
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include
the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion
Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the
CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard
Specifications for Public Works Construction, 1994 Edition, including all Supplements, Contract
Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates,
and any supplemental written agreements amending or extending the scope of the work originally
contemplated that may be required to complete the work in a substantial and acceptable manner.
SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment,
transportation, and supplies necessary to perform and complete in good and workmanlike manner the
construction of Preventative Street Maintenance 1997-1998, 1, Peppertree Bend. 2. Mission Hills
Ranch, 3. Silver Creek Drive. 4, Calle Arroyo Bike Trail and 5. Rancho Viejo Road, in strict
conformity with the Plans, Specifications and all other contract documents, which documents are on
file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California.
THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum
adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the
manner set forth in the Specifications.
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees
to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that
it would be impractible and extremely difficult to fix the actual amount of damages, and loss
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sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore,
CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Two Hundred
Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with
waiver of liquidated damages, may be granted as provided in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR
agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of
all labor and material used under this contract, as required by the laws of the State of California, on
forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent
(100%) of the amount of this contract and shall be conditioned on full and complete performance of
the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1)
year after completion and acceptance. The Labor and Material Bond shall be for an amount of one
hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment
of all Labor and Material entering into or incidental to the work covered by this contract.
CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications.
CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal
services of any attorney representing the CITY in any action brought to enforce or interpret the
obligations of this agreement, and such sums shall be made a part of any judgment in such action
against CONTRACTOR if such action is determined in favor of said CITY. The required
Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay
attorney's fees incurred by CITY in enforcing this agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code
of the State of California, copies of the prevailing rate of per diem wages, as determined by the
Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk,
32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part
hereof CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less
than the foregoing specified prevailing rates of wages to all workmen employed in the execution of
the contract.
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SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability
and property damage insurance naming the CITY, its elected and appointed officials and REH
Holdings, Inc. as a named insured, which such policies shall be of an amount not less than One
Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one
year.
CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage,
including owned, hired, and non-owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/ not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that in the
event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY
shall be notified by registered mail, return receipt requested, giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no event less than 30 days before
expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate
establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or nature which
CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons, damage to property as a result of, or
arising out of, or in any manner connected with the performance of the obligations under this
contract.
EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of
the State of California. It is stipulated and agreed that all provisions of law applicable to public
contracts are a part of this contract to the same extent as though set forth herein and shall be
complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight
(8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit
Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by
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CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such
workman is required or permitted to work more than eight (8) hours in violation of the provisions
of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY,
pursuant to City Council action, and by CONTRACTOR on the date set before the name of each.
City of San Juan Capistrano
DATED: /6///97 BY:
DAVID SWERDLIN, MAYOR
CO CTOR, LICENSE NO. CLASSIFICATION
Pd( Pifl +i(oan
a(010-73A,
'A ATTEST:
0,413
Cheryl John # , t"y Clerk
APPROVED AS O FORM:
John Shaw City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193
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f State of CALIFORNIA = �OPTIONAL SECTION loom
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CAPACITY CLAIMED BY SIGNER
• J County of RIVERSIDE Though statute does not require the Notary to
U14 fill in the data below, doing so may prove
r'R invaluable to persons relying on the document. .
Or ;"\-.� 1'41before me, PATRICIA M. CORONADO, ❑
NOTARY PUBLIC INDIVIDUAL
45 DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC"
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/ .personally appeared
ROBERT S. BRADLEY CORPORATE` ICTE-POFFICER(S)
ES
NAME(S)OF SIGNER(S) TITLE(S) .
/ personally known to me - • ❑ PARTNER(S) El LIMITED •
to be the person%) whose name(X) is/ GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN FACT
• knowledged to me that he/gam executed ❑TRUSTEE(S)
• the same in his/Ineatatif authorized ❑ GUARDIAN/CONSERVATOR
1 capacity( , and that by hisilleCANar ❑ OTHER:
signature(00 on the instrument the person¢,
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Commission t )ate # SIGNER IS REPRESENTING:
Y RJ:Ic—Caltorn0 r WITNESS myhand and official seal. NAME OF PERSONIS)OR ENTITY(IES)
pv�•ds Ca,rxy ALL AMERICAN ASPHALT
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( SIGNATURE OF NOTARY ,
OPTIONAL SECTI
r THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT t -Ac� r.ee
` THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law, .
it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE
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,,+000 me-innrai NnTARV ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184.Canoga Park,CA 91309-7184