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16-0906_MARK SAUER CONSTRUCTION, INC_Contract00 52 13 - CONTRACT This CONTRACT, No. __ is made and entered into this 6th dav of Seotember. 2016, by and between City of San Juan Capistrano, sometimes hereinafter called "City," and Mark Sauer Construction, lnc, sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Gontractor shall perlorm all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Blas Aguilar Adobe Site lmprovements Project CIP 07403 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Sixty (60) WORKING DAYS from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set fodh above is adequate and reasonable to complete the Work. c. CONTRAGT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Four thousand One Hundred Thirty Three Dollars ($204,133) Payment shall be made as set forth in the General Conditions. d. LIQUIDATED DAMAGES. ln accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.10 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or fodeiture, ln the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract, This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE GONTRACT. The "Contract Documents" include the following: Notice lnviting Bids lnstructions to Bidders Bid Form Bid Bond Designation of Subcontractors lnformation Required of Bidders Non-Collusion Declaration Form lran Contracting Act Certification 61 1 47.02 1 00\20991 385.2 -39-00 52 '13 - CONTRACT Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Grant Funding Requirements Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each ANd every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work, as well as the State requirements imposed on projects funded by Proposition 84 funds, as more specifically set forth in the Contract Documents. Because the Work is funded through Proposition 84 grant funds, the Contractor and all its subcontractors shall comply with all requirements set forth in the attached Grant Funding Requirements. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at http:l/www.dir.ca.gov and which must be posted at the job site. Because the Project will be funded in part with Proposition 84 funds, a LCP will be implemented. Gontractor shall be required to comply with all the requirements of City's LCP and applicable provisions of the California Labor Code, and shall be required to attend, and invite subcontractors to attend, a pre-construction meeting at which a representative of City shall discuss state labor law requirements applicable to the Contract. Contractor shall work with City staff and consultants to ensure the full compliance with the LCP and applicable labor law. IREMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61 1 47 .021 00lû099 1 385.2 -40-00 52 13 - CONTRACT lN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. Mark Sauer n lnc CITY OF SAN JUAN CA NO By Manaser iþ{y'zlName and Title: License No. Date: ıoos7L<Date M c rk (coNTRAGTOR',S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFF|XED, lF APPLICABLE) Approved as to form this day of - 2A-. nger, END OF CONTRACT S rney 61 1 47 .021 00l¿0991 385. 2 -42-00 52 13 - CONTRACT CALI F O RN I A ALL- P U R POS E ACKN OW LE DG EM ENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of california ) ss. County of Riverside On September 2,2016 before me, J. Durham Nota Public (here insert name and title of the officer) personally appeared Mark Sauer who proved to me on the basis of satisfactory eviden to be the pe rsonþf whose cutád the sam nam ubscri bed to and ledge to me tha etn r authorized ignature on the instrument the perso he entity upon behalf of cuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) Notary Public Though the information below is not required by low, it møy prove voluoble to persons relying on the document and could prevent froudulent removol ond attachment of this form to qnother document. Description of Attached Document Title of Type of Docu Document Date:?Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer{s) Signer's Name: RT THUMBPRINT OF SIGNER ¡ lndividual þfiorporate Officer - Title/¡ Partner -- ¡ Limited ¡ General r Attorney-in-Fact ¡ Trustee ¡ Guardian or Conservator Other: ffi J. DURHAM Commission # 2018381 Notary Public - C¡lllornl¡ Rivarside County Comm Signer is Representing