14-0506_EXCAVATING ENGINEERS, INC._ContractCONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "CITY" and EXCAVATING ENGINEERS, 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 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. 2009
Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITYpertainingto 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 the El Camino Real at Don Juan Avenue Retaining Wall Project (CIP No. 07111) 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
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
completetheworkwithin the time specified in the Notice Inviting Bids. Itis 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, maybe 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
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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 Bond, and Labor and Materials
Bonds, 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. Pursuantto 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.
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 ($2,000,000) combined single
limit. Insurance certificates shall be for a minimum period of one (1) 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.
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.
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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. Itis
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.
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.
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State Of California
VA':.:™.CONTRACTORS STATE LICENSE BOARD
(•EL ACTIVE LICENSE
716401 er.^ CORP
EXCAVATING ENGINEERS INC DBA
HILLSIDE RETAINING WALLS
COMPANY
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12/31/2015 www.cslb.ca.gov