No Name (384) CONTRACT
This contract is made and entered into by and between the SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "AGENCY" and -
Bitterroot Restoration, 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 AGENCY 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, (except
trees, plants and seed mix) equipment, transportation, and supplies necessary to perform and
complete in good and workmanlike manner the construction of the Lower Rosan Ranch Offsite
Wetlands Mitigation Project 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
Pasco Adelanto, San Juan Capistrano, California.
THIRD. PAYMENT. AGENCY 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 sustained by AGENCY, should CONTRACTOR fail to complete the work in the
specified time; therefore, CONTRACTOR shall pay AGENCY, 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 AGENCY. 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 AGENCY such sum as the Court may judge as reasonable for the
legal services of any attorney representing the AGENCY 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 AGENCY.
The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the
surety shall pay attorney's fees incurred by AGENCY in enforcing this agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor
Code of the State of California, dies of the prevailing rate of per diem waves, 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.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract
liability and property damage insurance naming the AGENCY 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 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
AGENCY 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 AGENCY
the policy certificate establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify, defend and save harmless the AGENCY, 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. AGENCY 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
AGENCY, 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
AGENCY, pursuant to Board of Directors action, and by CONTRACTOR on the date set before
the name of each.
(i San Juan Capistrano Community Redevelopment Agency
DATED: O I//l
' Diane Bathgate, Vi Chairman
Bitterroot Restoration, Inc. Lic.#765817 Class: C-27
By: a;Ja,)
(Name)
DATED: Its: aT c-( jf,�T ;wA4T or
(Title)
ATTEST:
Mar aze R. Monahan, Agency Secretary
APPROV AS TO FORM:
0 A&
John S aw, Agency ttorney
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