02-0618_INSITUFORM TECHNOLOGIES, INC._ContractCONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "CITY" and Insituform Technologies, Inc. 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, 2000 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 MAJOR SEWER REPAIRS 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 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
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damages, and toss sustained by CITY, should CONTRACTOR fail to complete thework 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 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.
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 occurrencet 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
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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 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: CQ BY:
DIAN BATHGATE, MAYOR
BY:
G ra - rOJeg9nagemeni
CONTRACTOR, LICENSE NO. AND CLASSIFICATION
Tnsituform Technologies, InC.
758411 Class A expires 1/31/03
702 Spirit 40 Park Drive
Chesterfield, MO 63005
ATTEST: l /
M r ret R. Monahan, City Clerk
APPROVED AS TO FORM:
a�
John Shaw, City Attorney