1998-0505_OLIVER-MAHON ASPHALT, INC_Contract v , .
CITY OF SAN JUAN CAPISTRANO
ORTEGA HIGHWAY SIDEWALK CONSTRUCTION
CONTRACT
This CONTRACT is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as CITY and Oliver-Mahon Asphalt, Inc. hereinafter
referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. TERM. This agreement shall commence on the 5th day of May , 1998, and shall
remain and continue in effect through the 25th day of May , 1998 .
2. CONTRACT DOCUMENTS. The contract documents shall include this Contract, the Bid
Proposal, the Notice Inviting Bids, Instructions to Bidders, Non-Collusion Affidavit, Designation of
Subcontractors, Statement of Experience, General Provisions and Detail Specifications.
3. THE WORK. The CONTRACTOR agrees to furnish all tools, labor, equipment,
transportation, and supplies necessary to perform and complete in good and workmanlike manner the
installation of sidewalk on Ortega Highway in strict conformity with the 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.
4. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, payments made
at the time in the manner set forth in the City's Capital Projects/Demand Payment Schedule, attached
hereto and made a part hereof.
Base contract amount is estimated not to exceed a total of twenty six thousand, eighty nine dollars
and seventy five cents ($26,089.75).
Payment for any extra work directed by CITY shall be as agreed in advance prior to the work being
performed. CONTRACTOR shall submit detailed invoices with back-up vouchers for all charges.
At the sole discretion of the Director of Public Works, additions or deletions may be made to this
Contract which may result in an increase or decrease in the work required. All changes will be
submitted to CONTRACTOR in writing and shall be identified as addendum to this Contract.
5. TERMINATION. CITY may, without cause, terminate this Contract at any time prior to
completion by CONTRACTOR of any of the services required hereunder. Notice of termination of
this Contract shall be given in writing to CONTRACTOR, and shall be sufficient to complete when
same is deposited in the U.S. Mail, first class postage prepaid.
In the event this Contract is terminated by CITY, CONTRACTOR shall be paid the value of services
performed by him pursuant to this Contract prior to the date of termination thereof, such value to be
the total to which he shall have become entitled, as determined by the CITY, less the amount of any
payments previously made to CONTRACTOR, but in no event exceeding the maximum contract
amount stated in Section 4.
6. GENERAL PROVISIONS. General provisions for the work to be performed are contained
herein and are made a part of this Contract by reference.
7. 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 subcontractor under him, shall pay not less than the
foregoing specified prevailing wages to all workmen employed in the execution of the Contract.
8. INDEPENDENT CONTRACTOR. At all times during the term of this Contract,
CONTRACTOR shall be an independent contractor and shall not be an employee of the CITY.
CITY shall have the right to control CONTRACTOR only insofar as the results of
CONTRACTOR'S services rendered pursuant to this Contract; however, CITY shall not have the
right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this
Contract. All persons employed to provide services under this Contract shall be employees or
contractors of CONTRACTOR and shall not be deemed employees of CITY for any reason or
purpose. CONTRACTOR shall be responsible for providing worker's compensation insurance
coverage for all persons employed to perform services under this Contract. When condition of a
maintained area is determined by Director to be substandard due to inadequate or improper
maintenance, monthly payment will be authorized based upon the work performed.
9. INSURANCE.
a) Comprehensive General Liability. CONTRACTOR shall maintain in full force and
effect comprehensive general liability coverage, including premises operations, products/completed
operations, broad form property damage and blanket contractual liability 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.
b) Comprehensive Automobile Liability. 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.
c) Worker's Compensation. If CONTRACTOR employs employees to perform services
under this Contract, CONTRACTOR shall obtain and maintain, during the life of this Contract,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state
law.
These policies shall not terminate, nor shall they be canceled nor the coverage reduced until
after 30 days' written notice is given to the CITY.
Prior to beginning work, CONTRACTOR shall provide to CITY certificates of insurance
establishing that the required insurance coverages have been secured by CONTRACTOR.
CONTRACTOR shall provide an endorsement to CITY establishing that CITY has been legally
added as an additional insured to the insurance policies required under this agreement.
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
CITY,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 agreement.
10. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Public Contracts 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 Subcontractor, 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.
11. NON-DISCLOSURE REQUIREMENTS/CONFLICT OF INTEREST. Pursuant to Council
Policy, it has been determined that the services to be rendered under the provisions of this Contract
are excluded from the requirement of filing a Financial Disclosure Statement by California
Administrative Code Title 2, Sections 18700 (2) (A) and (B) and 18730.
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CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public
agency interest in this Contract has any pecuniary interest in the business of CONTRACTOR and that
no person associated with CONTRACTOR has any interest that would conflict in any manner or
degree with the performance of this Contract. CONTRACTOR represents that it presently has no
interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or
degree with the faithful performance of this Contract. CONTRACTOR is familiar with the provisions
of Government Code Section 87100 and following, and it certifies that it does not know of any facts
which constitute a violation of said provisions. CONTRACTOR will advise the CITY if a conflict
arises.
12. LICENSING REQUIREMENT. CONTRACTOR and Subcontractors are required to
possess a valid City Business License and valid State Contractors License.
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.
CITY OF SAN JUAN CAPISTRANO
DATED: 51sIgg BY /if
Gil Jones, Mayor
lA
DATED: 5--7-9 S BY:
Con ractor
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ATTEST:
eh-e.(A/
Cheryl Joh n,9
Clerk
APPROVED AS TO FORM:
John �`:w, ity Attorney