1988-0621_BLAIR PAVING, INC_Contract• "Ci0opy"
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and Blair Paving Inc.
hereinafter referred to as CONTRACTOR.
IT 1S 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, 1985 Edition,
including all Supplements, Contract Bonds, Resolutions adopted by the City Council
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 necessarl to perform and complete in good and
workmanlike manner the construction of A,gnhat t Concrete overlay of Camino
Capistrano, I-5 Ramps at San Juanin strict conformity with the Plans, Specifications
ree oa o 1700 feet South
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
BEIM
N
Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual
amount of damages, and loss 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, one hundred dollars ($100) 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 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 mal judge as reasonable for
the legal services of any attorney representing the City in an} 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 offices 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
-15-
any SUB -CONTRACTOR under him, shall pay not less than the foreqoing specified
prevailing rates of wages to all workmen employed in the execution of the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this
contract liability and property damage insurance naming the City and its elected and
appointed officials 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.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or 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 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 Lessor, 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 construction agreement.
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 dollars ($25) for each
workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-
CONTRACTOR, for each calendar day during which such workman is required or
ffm
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 Council action, and by CONTRACTOR on the date set before the name
of each.
DATED: June 21, 1988
ATTEST:
CITY OF SAN JUAN CAPISTRANO
BY:
MAYQR
GARY L. HASUDURFYR—
\,-RLA1R-'PAVING, INC.
APPROVED AS TO FORM:
John , City Attorney
-17-
:NT