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11-0301_PETERSON-CHASE GEN ENG CONST., INC_Construction Contract IMPROVEMENT PLANS FOR DEL OBISPO STREET WIDENING; FROM ALIPAZ STREET TO PASEO ADELANTO (CIP 07107) STPL 5372 (011) CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and PETERSON CHASE GENERAL ENGINEERING CONSTRUCTION, 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,2006 Edition,and the State of CaliforniaD�artment of Transportation Standard Specifications,May 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 DEL OBISPO STREET WIDENING: FROM ALIPAZ STREET TO PASEO ADELAN TO (CIP 0-7107) 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 TH E, WORK. CONTRACTOR agrees to begin and. complete the work within the time specified in the Notice Inviting Bids. It is agreed G1 that it would be impractical ana extremely difficult to fix the actual amount of damages, and loss sustained by CI'T'Y, 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. 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 forams approved by the CI'T'Y. The Performance Bond shall be for an amount of one hundred.percent (100'/0)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. 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 wage,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. CONTRACT OR agrees that he,or any SUB-CONTRACTOR under hien,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: C-2 $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. 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 unposed upon them or any of thein 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($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as. permitted by law. If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, CONTRACTOR shall enroll in the E,-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to C-3 perform work hereunder. CON i RACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E- Verify program can be found at llttp://www.q$ is.gov, or access the registration page at https,//www.visdhs.com/emploverregistration. CONTRACTOR shall certify its registration with E- Verify and provide its registration number within sixteen days of the effective date of this Agreement. failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONI'RACTOR on the date set before the name of each. City ofSanJuan apistrano DATED: l BY: SAIV A- LLE ATO, MAYOR ZI CONTRACTOR;LICENSE NO. AN LASSIFICATION P RS6N-CHASE GENERAL ENGI RING CONU CTION INC. L3,Cr2� AT/TEST: Maria Morns, City Clerk AI' ROVED AX TO F RM: OmaASand Val 1, City Attorney C-4