11-0802_ALL AMERICAN ASPHALT_ContractCONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "CITY" and ALL AMERICAN ASPHALT hereinafter
referred to as "CONTRACTOR."
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The eontraet documents shall he considered to
inelude 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
exeeution by the CITY and the CONTRACTOR. Plans, Specifieations and Special Provisions,
Citv of San Juan Capistrano Standard Plans. Caltrans Standard Plans and Specifications. 2006
Edition, and the Standard Plans and Specifications for Public Works Constmction (The "Green
Book"), 2009 Edition, ineluding all Supplements, Contraet 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 fumish all tools, labor, material,
equipment, transportation, and supplies necessary to perform and complete in good and
workmanlike manner the construetion of 1- Pavement Rehabilitation Improvement in Camino La
Ronda & Paseo Rita (CIP 07105), 2- Rancho Vieio Road (CIP 111081, and 3- Allevwavs in
Capistrano Villas 11 and 111 (CIP 07105) in strict conformity with the Plans, Specifieations 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 aceept, the lump
sum adjusted for variations of quantities, at the priees 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 impractical and extremely diffieult to fix the actual amount of damages,
and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified
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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 fumish 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 frill 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 frill payment of all Labor and Material entering hito or hicidental to
the work covered by this contract. CONTRACTOR agrees to fumish the bonds on the forms
found within the Specifications.
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 detennined by
the Director of the State Department of Industrial Relations, are on file ia 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 One Million Dollars
combined single limit. Insurance certificates shall be for a niinimum period of one year.
CONTRACTOR shall maintain in ftdl force and effect comprehensive automobile liability
coverage, including owned, hired, and non-owned vehicles in the following minimum amounts:
$1,000,000 property damage;
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$1,000,000 injury to one person/anyone occurrence/ not limited to contractual period;
$2,000,000 injury to more than one person/anyone 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 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-Verily program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. CONTRACTOR shall verify emplojment authorization
within three days of hiring a new employee to perform work under this Agreement. Information
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pertaining to the E-Verify program can be found at http://www.uscis.gov. or access the
registration page at https://www.visdhs.com/employeiTegistration. CONTRACTOR shall eertify
its registration with E-Verify and provide its registration numher within sixteen days of the
effective date of this Agreement. Failure to provide certifieation will result in withholding
payment until full compliance is demonstrated.
IN WITNESS WHEREOF, this eontraet 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.
LICENSE NO.
CLASSIFICATION
ATTESFf
4
Maria M
APPROVED AS TO FORM:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On August 9. 2011
Date
personally appeared
_before me, Brenda L. Rovster, Notarv Public
Here Insert name and Title of the Officer
Robert Bradlev
Namet!)T3f Signer^—
BRENDA L. ROYSTER
Commission # 1908379
Notary Public - California
Riverside County
1
^My Comrn. Expires OcJ 26,^20141
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS
Place Notary Seal Above
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
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Description of Attached Document
Title or Type of Document Contract - Citv of San Juan Capistrano
Document Date: August 9, 2011 Number of Pages: 4
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer{s)
Signer's Name: Robert Bradlev
Omar Sandoval, Citv Attorney
• Individual
X Corporate Officer —Title(s): _
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Other:
Signer is Representing:
All American Asphalt
Vice President
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OF SIGNER
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Signer's Name:
• Individual
• Corporate Officer —Title(s):
• Partner — • Limited • Qerr^ral
• Attorney in Fact^
• Trustee
• Other:
Signer is Representing:
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