15-0407_MARK SAUER CONSTRUCTION, INC_Construction AgreementCONSTRUCTION AGREEMENT
THIS CONTRACT is made and entered into, to be effective, this day of
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2p15,
by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and
Mark Sauer Construction, Inc. , hereinafter referred to as "Contractor."
City and Contractor mutually agree as follows:
Section 1
General Conditions.
Contractor certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon Contractor's investigation of all such matters and is in no way relying upon any
opinions or representations of City. It is agreed that this Contract represents the entire
agreement between the parties. It is further agreed that the Contract Documents including the
latest edition of the Standard Specifications for Public Works Construction, Notice Inviting Bids,
Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract
by reference, with the same force and effect as if the same were set forth at length herein, and
that Contractor and its subcontractors, if any, will be and are bound by any and all of said
Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the
work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the Contract
Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated
in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and
mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be
immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said
discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall
be final.
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIRIRESTORATION CIP 07403
Section 2. Materials and Labor.
Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at
Contractor's own expense, all labor and materials necessary, except such as are mentioned in
the Specifications to be furnished by the City, to construct and complete the Project, in good
workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City
may settle such claims by making demand upon the surety to this Contract. In the event of the
failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the
amount of payments from the Contract price and any amounts due to Contractor. In the event
City receives a stop notice from any laborer or material supplier alleging non-payment by
Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto,
including but not limited to administrative and legal fees.
Section 3. Description of Project.
The Project is described as: Blas Aguilar Adobe Re air/Restoration as delineated in the
Plans and Specifications prepared by the City of San Juan Capistrano, elated April 2093. Work to
include all items listed on the project's Architectural, Structural plans and Specifications which
were part of the project's construction bid package.
Section 4. Plans and Specifications.
The work to be done is shown in a set of detailed Plans and Specifications entitled:
Repairs to: BLAS AGUILA ADOBE
Said Plans and Specifications and any revisions, amendments or addenda thereto are
attached hereto and incorporated herein as park of this Contract and referred to by reference.
Section 5. Time of Commencement and Completion.
Contractor agrees to commence the Project within fifteen (15) calendar days from the date
set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIR/RESTORATION CIP 07403
completion within ninety (90) working days from the date of the "Notice to Proceed" issued by the
City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof.
Section 6. Time is of the Essence.
Time is of the essence of this Contract. As required by the Contract Documents,
Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do
all other things necessary and incidental to the prosecution of Contractor's work in conformance
with an approved construction progress schedule.
Section 7. Excusable Delays.
Contractor shall be excused for any delay in the prosecution or completion of the Project
caused by acts of God; inclement weather which exceeds the number of calendar days estimated
by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which
Contractor is not responsible; any act, neglect or default of City; failure of City to make timely
payments to Contractor; late delivery of materials required by this Contract to be furnished by
City; combined action of the workers in no way caused by or resulting from default or collusion on
the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and
beyond Contractor's reasonable control.
City shall extend the time fixed in Section 5 for completion of the Project by the number of
days Contractor has thus been delayed, provided that Contractor presents a written request to
City for such time extension within fifteen (15) days of the commencement of such delay and City
finds that the delay is justified. City's decision will be conclusive on the parties to this Contract.
Failure to file such request within the time allowed shall be deemed a waiver of the claim by
Contractor.
No claims by Contractor for additional compensation or damages for delays will be allowed
unless Contractor satisfies City that such delays were unavoidable and not the result of any
action or inaction of Contractor and that Contractor took all available measures to mitigate such
damages. Claims will be handled in accordance with Section 10-05 of the General Conditions.
The City's decision will be conclusive on all parties to this Contract.
CITY OF SAID JUAN CAPISTRANO
PROJECT NAME: BIAS AGUILAR ADOBE REPAIRIRESTORATION CIP 07403
Section 8. Extra Work.
The Contract price includes compensation for all work performed by Contractor, unless
Contractor obtains a written change order signed by a designated representative of City
specifying the exact nature of the extra work and the amount of extra compensation to be paid all
as more particularly set forth in Section 9 hereof.
City shall extend the time fixed in Section 5 for completion of the Project by the number of
days reasonably required for Contractor to perform the extra work, as determined by City's
Engineer. The decision of the Engineer shall be final.
Section 9. Changes in Project.
A. City may at any time, without notice to any surety, by written order designated or
indicated to be a change order, make any change in the work within the general scope of the
Contract, including but not limited to changes:
1) in the Specifications (including drawings and designs);
2) in the time, method or manner of performance of the work;
3) in the City -furnished facilities, equipment, materials, services or site; or
4) directing acceleration in the performance of the work.
B. A change order shall also be any other written order (including direction, instruction,
interpretation or determination) from the City which causes any change, provided Contractor
gives the City written notice stating the date, circumstances and source of the order and that
Contractor regards the order as a change order.
C. Except as provided in this Section 9, no order, statement or conduct of the City or
its representatives shall be treated as a change under this Section 9 or entitle Contractor to an
equitable adjustment.
D. If any change under this Section 9 causes an increase or decrease in Contractor's
actual, direct cost or the time required to perforin any part of the work under this Contract,
whether or not changed by any order, the City shall make an equitable adjustment and modify the
Contract in writing. Except for claims based on defective specifications, no claim for any change
CITY OF SAN JUAN CAPISTRANO
PROJECT NAMEI : BLAS AGU[LAR ADOBE REPAIRIRESTORATION CIP O7403
under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days
before the Contractor gives written notice as required in paragraph (B). In the case of defective
specifications for which the City is responsible, the equitable adjustment shall include any
increased direct cost Contractor reasonably incurred in attempting to comply with those defective
specifications.
E. If Contractor intends to assert a claim for an equitable adjustment under this
Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph
(A) or the furnishing of a written notice under paragraph (B), submit a written statement to the
City setting forth the general nature and monetary extent of such claim. The City may extend the
thirty (30) day period. Contractor may include the statement of claim in the notice under
paragraph (B) of this Section 9.
F. No claim by Contractor for an equitable adjustment shall be allowed if made after
final payment under this Agreement.
G. Contractor hereby agrees to make any and all changes, furnish the materials and
perform the work that City may require without nullifying this Contract. Contractor shall adhere
strictly to the Plans and Specifications, unless a change therefrom is authorized in writing by the
City. Under no condition shall Contractor make any changes to the Project, either in additions or
deductions, without the written order of the City and the City shall not pay for any extra charges
made by Contractor that have not been agreed upon in advance in writing by the City. Contractor
shall submit immediately to the City written copies of its firm's cost or credit proposal for change
in the work. Disputed work shall be performed as ordered in writing by the City and the proper
cost or credit breakdowns therefore shall be submitted without delay by Contractor to City.
Section 10. Liquidated Damages for Delay.
The parties agree that if the total work called for under this Contract, in all parts and
requirements, is not completed within the time specified in Section 5 plus the allowance made for
delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which
would be extremely difficult and impracticable to ascertain. The parties therefore agree that
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIR/RESTORATION CIP 07403
Contractor will pay to City the sum of Five Hundred Dollars and No Cents ($500.00) per day, as
liquidated damages, and not as a penalty, for each and every calendar day during which
completion of the Project is so delayed.
Contractor agrees to pay such liquidated damages and further agrees that City may offset
the amount of liquidated damages from any monies due or that may become due Contractor
under this Contract.
Section 11. Contract Price and Method of Payment.
City agrees to pay and Contractor agrees to accept as full consideration for the faithful
performance of this Contract, subject to any subsequent additions or deductions as provided in
approved change orders, the sum of One hundred Sixty.Six Thousand Four Hundred Ninet
Five dollars and No cents ($ 166,495 as itemized on the attached Exhibit "A,"
described as the Sid Schedule_
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the City's Engineer, stating that the work for which payment is
demanded has been performed in accordance with the terms of the Contract, and that the
amount stated in the certificate is due under the terms of the Contract. Partial payments on the
Contract price shall not be considered as an acceptance of any part of the work. The City will
retain five percent (5%) of the amount of each progress estimate and material cost until the Final
Payment.
Section 12. Substitution of Securities in Lieu of Retention of Funds.
Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to
post approved securities with the City or an approved financial institution in order to have the City
release funds retained by the City to insure performance of the Contract. Contractor shall be
required to execute an addendum to this Contract together with escrow instructions and any
other documents in order to effect this substitution.
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIR/RESTORATION CIP 07403
Section 13. Completion.
Within ten (10) days after the contract completion date of the Project, Contractor shall file
with the City's Engineer its affidavit stating that all workers and persons employed, all firms
supplying materials, and all subcontractors upon the Project have been paid in full, and that there
are no claims outstanding against the Project for either labor or material, except those certain
items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with
Stop Notices which have been filed under the provisions of the statutes of the State of California.
City may require affidavits or certificates of payment and/or releases from any subcontractor,
laborer or material supplier.
Section 14. Contractor's Employees' Compensation.
A. General Prevailing Rate:
This project is funded with Proposition 84 Grant Program, Nature Education Facilities
(NEF), which requires that a Labor Compliance Program be implemented throughout the project
in order to enforce the payment of prevailing wage rates and the employment and training of
apprentices, as well as all applicable labor laws. City has ascertained from the State of California
Director of Industrial Relations the general prevailing rate of per diem wages and the general
prevailing rate for legal holiday and overtime work in the locality in which the work is to be
performed for each craft or type of work needed to execute this Contract, and copies of the same
are on file in the Office of the Engineer of City. The Contractor agrees that not less than said
prevailing rates shall be paid to workers employed on this public works contract as required by
Labor Code Section 1774 of the State of California.
C. Forfeiture For Violation:
Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar
day or portion thereof for each worker paid (either by the Contractor or any subcontractor under
it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in
CITY OF SAN ,JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIR/RESTORATION CIP 07403
accordance with Sections 1770-3780 of the California Labor Code for the work provided for in
this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
D. Travel and Subsistence Pay:
Section 1773.8 of the Labor Code of the State of California, regarding the payment of
travel and subsistence payments, is applicable to this Contract and Contractor shall comply
therewith.
E. Apprentices:
Section 1777.5, 1777.5 and 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices, is applicable to this Contract and the Contractor shall comply
therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty
(20) working days, or more; or if contracts of specialty Contractors not bidding for work through
the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5)
working days or more.
F= Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day's
work, and Contractor shall not require more than eight (8) hours of labor in a day from any person
employed by him hereunder except as provided in paragraph (B) above. Contractor shall
conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.),of the Labor Code of the State of
California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for
each worker employed in the execution of this Contract by Contractor or any subcontractor for
each calendar day during which any worker is required or permitted to labor more than eight (8)
hours in any one calendar day and forty (40) hours in any one week in violation of said Article.
Contractor shall keep an accurate record showing the name and actual hours worked each
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAiR ADOBE REPAIRIRESTORATION CIP 07403
calendar day and each calendar week by each worker employed by Contractor in connection with
the Project.
G. Record of Wages;Inspection:
Contractor agrees to maintain accurate payroll records showing the name, address, social
security number, work classification, straight -time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice, worker or other
employee employed by it in connection with the Project and agrees to require that each of its
subcontractors does the same. All payroll records shall be certified as accurate by the applicable
Contractor or subcontractor or its agent having authority over such matters. Contractor further
agrees that its payroll records and those of its subcontractors shall be available to the employee
or employee`s representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776,
in general.
Section 15. Surety Bonds.
A) Contractor shall guarantee Contractor's performance of this Agreement by providing CITY
with the following security instruments (the "Security Instruments") on forms approved by
CITY for the purposes and in the amounts as follows:
a. A "Faithful Performance Bond" to ensure faithful performance of this Agreement in
regard to the Project in the amount of 100% of the estimated cost of the Project;
and
b. A "Labor and Materials Bond" to secure payment to any contractor, subcontractor,
persons renting equipment or furnishing labor or materials for the Project required
to be constructed or installed pursuant to this Agreement in the additional amount of
100% of the estimated cost of the Project.
c. In lieu of providing the bonds described/required above, Contractor may substitute
a "Letter of Credit" in a form acceptable to CITY.
B) All Security Instruments required by this Agreement shall be kept on file with the City
Clerk. The terms of the Security Instruments required by this Agreement are hereby
incorporated into this Agreement by reference.
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIR/RESTORATION CIP 07403
C) City Engineer shall release the Faithful Performance Bond upon Contractor's written
request following acceptance by CITY of the work and Contractor's delivery to CITY of the
Warranty Bond for the Project.
D) City Engineer shall release the Labor and Materials Bond upon Contractor's written
request and following acceptance by CITY of the work and after expiration of the time
within which lien claims are required to be made pursuant to Article 3 (commencing with
Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil
Code. If lien claims have been timely filed, CITY shall hold the Labor and Materials Bond
until the earlier to occur of (a) Contractor's resolution of such lien claims or (b) Contractor's
provision of a statutory bond covering all outstanding lien claims.
E) Payments under the Security Instruments shall be required to be made (and, with respect
to bonds, litigation shall be required to be instituted and maintained) in the County of
Orange, State of California.
F) Each of the Security Instruments shall be automatically renewing.
G) The Security Instruments shall reference Contractor's obligations under this Agreement,
shall be irrevocable, and shall include as an additional obligation secured the responsibility
to compensate CITY for all of CITY's attorneys' fees and litigation expenses reasonably
incurred by CITY in enforcing its rights under the Security Instruments.
This Contract shall not become effective until such bonds are supplied to and
approved by the City.
Section 16. Insurance.
A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for Workers' Compensation or undertake
self-insurance in accordance with the provisions of that Code and will comply with such
provisions before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry workers' compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against City, its officers, agents and employees and shall issue a certificate to the
policy evidencing same.
C. Contractor shall at all times carry, on all operations hereunder, bodily injury,
including death, and property damage liability insurance, including automotive operations, bodily
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIRIRESTORATION GIP 07403
injury and property damage coverage. All insurance coverage shall be in amounts specified by
City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to City
for all operations, subcontract work, contractual obligations, product or completed operations, all
owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor,
excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents,
Employees, Engineers, and Consultants for this contract, and all public agencies from whom
permits will be obtained and their Directors, Officers, Agents and Employees, as determined by
the City, as additional insureds on said policies.
D. Before Contractor performs any work at, or prepares or delivers materials to, the
site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing
insurance coverages and such certificates shall provide the name and policy number of each
carrier and policy and that the insurance is in force and will not be canceled without thirty (30)
days' written notice to City.
Contractor shall maintain all of the foregoing insurance coverages in force until the work
under this Contract is fully completed. The requirement for carrying the foregoing insurance shall
not derogate from the provisions for indemnification of City by Contractor under Section 17 of this
Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the
foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this
Contract, the following insurance in amounts not less than the amounts specified and issued by a
company admitted in California and having a Best's Guide Rating of A -Class VII or better:
Worker's Compensation In accordance with the Workers'
Compensation Act of the State of
California -- Minimum of
$1,000,000
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AG ILAR ADOBE REPAIR/RESTORATION CIP 07403
Public Liability, in the form of $1,000,000, per occurrence, or
either Comprehensive General alternatively,
Liability or Commercial General $1,000,000 aggregate, separate
Liability written on a per -occurrence for this project.
basis
Automobile liability, including $1,000,000 per occurrence
non -owned and hired vehicles
City or its representatives shall at all times have the right to inspect and receive the
original or a certified copy of all said policies of insurance, including certificates. Contractor shall
pay the premiums on the insurance hereinabove required.
Section 17. Risk and Indemnification.
All work covered by this Contract done at the site of construction or in preparing or
delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save,
indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants
for this Contract, and all public agencies from whom permits will be obtained and their Directors,
Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs
and demands, including demands arising from injuries or death of persons (Contractors`
employees included) and damage to property, arising directly or indirectly out of the obligations
herein undertaken or out of the operations conducted by Contractor, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of City, and will make good
to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur
by reason of such matters, and if requested by City, will defend any such suits at the sole cost
and expense of Contractor.
Section 18. Stop Notice Administration.
City reserves the right to charge Contractor for City's actual administrative time (including
attorney's time) to administer and process stop notices filed by Contractor's subcontractors,
material -men, or any other claimant or lienholder.
Section 19. Termination.
A. This Contract may be terminated in whole or in part in writing by either party in the
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME; BLAS AGUILAR ADOBE REPAIR/RESTORATION CEP 07403
event of substantial failure by the other party to fulfill its obligations under this Contract through
no fault of the terminating party, provided that no termination may be effected unless the other
party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail,
return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the
terminating party prior to termination. B. This Contract may be terminated in whole or in
part in writing by the City for its convenience, provided that the Contractor is given (1) not less
than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If termination for default or convenience is effected by the City, an equitable
adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be
allowed for anticipated profit on unperformed services or other work, and (2) any payment due to
the Contractor at the time of termination may be adjusted to cover any additional costs to the City
because of the Contractor's default. If termination for default is effected by the Contractor, the
equitable adjustment shall include a reasonable profit for services or other work performed, but
no adjustment will be allowed for anticipated profits. The equitable adjustment for any
termination shall provide for payment to the Contractor for services rendered and expenses
incurred prior to the termination, in addition to termination settlement costs reasonably incurred
by the Contractor relating to commitments which had become firm prior to the termination.
D. Upon receipt of a termination action under paragraphs (A) or (B) above, the
Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise),
and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been accumulated
by the Contractor in performing this Contract whether completed or in process.
E. Upon termination under paragraphs (A) or (B) above, the City may take over the
work and may award another party an agreement to complete the work under this Contract.
Contractor agrees to perform all work under this Contract in accordance with the City's designs,
drawings and specifications. The Contractor guarantees for a period of at least one (1) year from
the date of substantial completion of the work that the completed work is free from all defects due
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIRIRESTORATION CIP 07403
to faulty materials, equipment or workmanship and that he shall promptly make whatever
adjustments or corrections which may be necessary to cure any defects, including repairs of any
damage to other parts of the system resulting from such defects. The City shall promptly give
notice to the Contractor of observed defects. In the event that the Contractor fails to make
adjustments, repairs, corrections or other work made necessary by such defects, the City may do
so and charge the Contractor the cost incurred. The performance bond shall remain in full force
and effect through the guarantee period.
The Contractor's obligations under this clause are in addition to the Contractor's other
express or implied assurances under this Contract or state law and in no way diminish any other
rights that the City may have against the Contractor for faulty materials, equipment or work.
Section 20. Assimment.
No assignment by the Contractor of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by the City unless such assignment has had prior written
approval and consent of the City and the surety.
Section 21. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled. If any action is brought
against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which
names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees,
costs and necessary disbursements arising out of the defense of such action by the City. The
City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved
or not.
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIRIRESTORATION CIP 07403
Section 22. Resolution of Disputes.
The City and the Contractor shall comply with the revisions of California Public Contracts
Code Section 20104, et seg., regarding resolution of construction claims for any claims which
arise between the Contractor and the City.
Section 23. Department of Industrial Relations Registration.
Pursuant to Labor Code section 1771 .1, no subcontractor may be listed on a bid proposal
for any work related to the Project unless registered with the California Department of Industrial
Relations ("DIR"). Furthermore, Contractor is hereby notified that no subcontractor may be
awarded a contract for any work related to the Project unless registered with the DIR. Pursuant
to Labor Code section 1771.4, Contractor is hereby notified that the Project is subject to
compliance monitoring and enforcement by the DIR. Contractor will maintain and will require all
subcontractors to maintain valid and current DIR Public Works Contractor registration during the
term of this Agreement. Contractor shall notify the District in writing immediately, and in no case
more than twenty-four (24) hours, after receiving any information that Contractor's or any of its
subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise
changed.
Section 24. Notices
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in writing.
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIRIRESTORATION CIP 07403
To Contractor: Mark Sauer
MSC, Inc.
19712 Temescal Canyon Road
Corona, CA, 92881-5656
Section 25. Counterparts and Facsimile Signature .
This agreement may be executed by the Parties in counterparts, which counterparts shall
be construed together and have the same effect as if all parties had executed the same
instrument. Counterpart signatures may be transmitted by facsimile, email or other electronic
means and have the same force and effect as if they were original signatures.
Signature Page Follows.
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUIL4R ADOBE REPAIRIRESTORATfON CIP 07403
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:
Derek Reeve, Mayor
APPROV S T M;
0
Hans Van Ligten, Cit Attorney
CONTRACTOR, LICENSE NO. AND LASSII"ICATION
Mark Sauer Construction, Inc
19712 Ternascal Canyon Rd,
Coyona, CA 92881-5656
CITY OF SAN JUAN CAPISTRANO
PROJECT NAME: BLAS AGUILAR ADOBE REPAIRfREST.ORATION CfP 07403