08-0618_BOUDREAU PIPELINE CONSTRUCTION_Contract CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and +3o„A nv +�Aeu�E &AMM 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 Proposals, the Instructions to Proposers, the Proposal, the Designation of Sub-
Contractors, the Contract, which is prepared for execution by the CITY and the CONTRACTOR.
Specifications and Special Provisions, the Standard Specifications for Public Works Construction,
2006 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 Emergency Sewer Trunk Line Replacement (Hydraulic Capacity Project 1-A,
CIP No. 718) in strict conformity with the Specifications and Contract Documents, which documents
are on file at the Engineering Office, 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 any bid alternate item(s) selected, 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 Proposals. It is
agreed that it would be impractical 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,
Five Hundred Dollars ($500) 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.
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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 prevailinq 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.
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 Two 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:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/ not limited to contractual period;
$2,000,000 injury to more than one person/any one occurrence/not limited to contractual period.
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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 thirty (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
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.
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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: By. ave Adams , CItyr
2aBY o✓
Contracto
747110V2-
License
No.
/A 1034
Classification
Attest:
1
Mar onahan, erk
Approved As To Form:
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Omar Sandoval, City Attorney
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