15-0709_NU-LINE TECHNOLOGIES LLC_Construction AgreementCONSTRUCTION AGREEMENT
THIS CONTRACT is made and entered into, to be effective, this,1,2-144ay of
Sle�,2015, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "City," and Nu -Line Technologies LLC, 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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-1
own risk and expense. The decision of the Engineer shall be final.
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: Annual Sewer Rehabilitation Program (CIP 15701)
as delineated on the Contract Documents prepared by the City of San Juan Capistrano,
dated April 2015. Work to include: the construction of Sanitary Sewer and Storm Drain
Cured -In -Place Pipe, Manhole Rehabilitation and all appurtenant work.
Section 4. Plans and Specifications.
The work to be done is shown in a set of detailed Plans and Specifications
entitled: Annual Sewer Rehabilitation Program (CIP 15701). The plans are located in
the Specifications as Appendix F — Contract Exhibits.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-2
Said Plans and Specifications and any revisions, amendments or addenda
thereto are attached hereto and incorporated herein as part of this Contract and referred
to by reference.
Section 5. Time of Commencement and Completion.
Contractor agrees to commence the Project within ten (10) calendar days from
the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute
the work to completion within one hundred twenty (120) 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. Contractor shall
coordinate the work covered by this Contract with that of all other Contractors,
subcontractors and of the City, in a manner that will facilitate the efficient completion of
the entire work in accordance with Section 5 herein. City shall have complete control of
the premises on which the work is to be performed and shall have the right to decide the
time or order in which the various portions of the work shall be installed or the priority of
the work of other subcontractors, and, in general, all matters representing the timely and
orderly conduct of the work of Contractor on the premises.
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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-3
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.
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.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B4
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 perform 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 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.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-5
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 (6), 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 (6) 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 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.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-6
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 million seventy four thousand
sixty one dollars and no cents ($1,074,061.00) plus a 10% contingency amount of
$107,406.10 for a not to exceed total amount of $1,181,467.10. The Contract amount
of $1,074,061.00 is currently available as itemized on the attached Exhibit "A," and
described as the Bid Schedule. The contingency amount of $107,406.10 is for City
approved change orders only in accordance with the City's purchasing policy.
Within thirty (30) days from the commencement of work, there shall be paid to
the Contractor a sum equal to ninety percent (95%) of the value of the actual work
completed plus a like percentage of the value of material suitably stored at the worksite,
treatment plant or approved storage yards subject to or under the control of the City,
since the commencement of the work as determined by the City. Thereafter, on a
schedule issued by the City at the commencement of the job which shows a minimum of
one payment made to the Contractor per month for each successive month as the work
progresses and the request for payment due dates from the Contractor to meet the
payment schedule, the Contractor shall be paid such sum as will bring the total
payments received since the commencement of the work up to ninety percent (95%) of
the value of the work completed since the commencement of work as determined by the
City, less all previous payments, provided that the Contractor submits the request for
payment prior to the end of the day required to meet the payment schedule. The City
will retain five percent (5%) of the amount of each such progress estimate and material
cost until the Final Payment.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-7
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.
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.
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 Emnlovees' Compensation.
A. General Prevailing Rate:
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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-8
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 a sum of not more than Two
Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid
(either by the Contractor or any subcontractor under it) less than the prevailing wage
rates as determined by the Director of Industrial Relations for the work or craft in which
the worker is employed. The amount of the penalty shall be determined by the labor
commissioner and the difference between the prevailing wage rates and the amount
paid to each worker for each calendar day or portion thereof for which each worker was
paid less than the prevailing wage rate shall be paid to each worker by the contractor or
subcontractor, all in accordance with Section 1775 of the Labor Code of the State of
Califomia.
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, 1777.6 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, or a contract of a specialty
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-9
contractor not bidding for work through a general or prime contractor, involves Thirty
Thousand Dollars ($30,000.00) 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 (13)
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 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.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-10
In accordance with Labor Code section 1771.4, Contractor and each
subcontractor shall furnish the certified payroll records directly to the Department of
Industrial Relations ("DIR") on a weekly basis and in the format prescribed by the DIR,
which may include electronic submission. Contractor shall comply with all requirements
and regulations from the DIR relating to labor compliance monitoring and enforcement.
Certified payroll records of the contractor and subcontractor shall also 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) In order to guarantee and warranty the completed Project, and in addition to the
Security Instruments referenced in Paragraph 4(A) above, Contractor shall
provide to City the following Security Instruments:
a. A "Warranty Bond" for the work warranting the accepted work for a period
of one (1) year following said acceptance against any defective work or
labor done or defective material furnished. The amount of such Warranty
Bond for the Project shall be equal to twenty-five percent (25%) of the
estimated construction cost of the Project.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-11
b. In lieu of the Warranty Bond, Contractor may substitute a "Letter of Credit"
in a form acceptable to the City (said Letter of Credit having an equivalent
value as the Warranty Bond).
C) 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.
D) 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.
E) Each of the Security Instruments shall be automatically renewing.
F) 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 cant', on all operations hereunder, bodily
injury, including death, and property damage liability insurance, including automotive
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B_12
operations, bodily 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.
E. 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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-13
$1,000,000
Public Liability, in the form of
either Comprehensive General $1,000,000, per occurrence, or
Liability or Commercial General alternatively,
Liability written on a per -occurrence $1,000,000 aggregate, separate
basis for this project.
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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-14
party in the 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.
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-15
E. Upon termination under paragraphs (A) or (13) 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 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. Assignment.
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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-16
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.
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
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-17
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: Keith Van Der Maaten, P.E.
Public Works and Utilities Director
To Contractor: Dominic Burtech, President
Nu -Line Technologies, LLC.
102 Second Street, Suite B
Encinitas, CA 92024
Section 25. Counterparts and Facsimile Signatures.
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 AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 B-18
IN WITNESS WHEREOF, the parties hereto have executed this Construction
Contract as of the date first hereinabove written.
APPRO EDA TO FORM:
By: , r LP,PO
Jpff Ballinger, Ci tt rney
Cl- InF N JUA AP NO
By: /
Derek Reeve, Mayor
NU -LINE TECHNOLOGIES, LLC
By:
CITY OF SAN JUAN CAPISTRANO AGREEMENT
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15!01 &19
Construction Plans and Specifications for the Annual Sewer Rehabilitation
Program, CIP 15701 (plans are included in the specifications as Appendix F) are
on file and available for review at the City Clerk's Office.
This Is EXHIBIT B, consisting of one page, referred to
In and made a pad of the AGREEMENT between
OWNER and CONTRACTOR.
BID SCHEDULE
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
ID
Description
Estimated
Ouantil
Unit
Unil Price
Extended
Price
1
Mobilization/Demobilization
cannot exceed 10% trod nems 2-25
1
LS
35,00.09
35,0W.6D
2
SCRRA (Railroad) Right of Entry Agreement—
Application and Compliance Fees Complete
1
LS
18,00 '00
18,OOD' 0p
3
Sheeting, Shoring and Bracing
1
LS
J,wilD
a,000.AD
4
Temporary Sewer Bypass 6' (All Segments)
1
LS
W)COD,Op
fi ,rip
5
Cured In Place Pipe Lining -6'
2,125
LF
33.6D
71,400 -JD
6
Temporary Sewer Bypass 8' (All Segments)
1
LS
10,M0.0
10:0D .c
7
Cured -In -Place Pipe Lining -8'
5,038
LF
�i7.0p
Ib121t:.Db
8
Cured -In -Place Pipe Partial Lining (Spot Repair) 8'
20
LF
ZSO.(A
Slow -LID
9
Temporary Sewer Bypass 12' (All Segments)
1
LS
;3,b000D
3'r,f>m•OD
10
Cured -In -Place Pipe Lining -12'
953
LF
ss.a
:2,415.
11
Temporary Sewer Bypass 18"& 21' (All Segmenta)
1
LS
qq 310•Db
4q 310.(')
12
Cured in Place Pipe Lining —18'
19
LF
2g`1.U0
5 4rB,gp
13
Cured In Place Pipe Lining -21'
4,939
LF
gg.00
34 632,
14
Cured -In -Place Pipe Lining -21' (Storm Drain)
64
LF
12 • OD
15
Cured In Place Pipe Lining —36' (Storm Drain)
145
LF
16
Remove Protruding laterals, gaskets, other
obstructions
36
EA
w -w
9,fgo.md
17
Manhole Rehabilitation (includes pressure grouting)
7
EA
3 256.ob
22,7q2.. 0•
18
Manhole Rehabilitation (no pressure grouting)
8
EA
21JO5.0b
Z2 44o.0D
19
Manhole Rehabilitation, Rebuild Trough Only
4
EA
(,S o.(Ip
(„160. 00
20
Manhole Frame&Cover
11
FA
11SUC.ty
14,800,(47
21
Service Lateral Connection Repair (Top Hat Style)
16
EA
S do.l.
1WT0TAL:j
24, 00
22
Install 6' Terminal Cleanout
,
8,000.06
23
Install Arguello Way Sewer Improvements
27 SOD d6
24
Traffic Control, Public Convenience and Safely4
10.(80. t^J
25
Raise Manhole
ID
�,OtA,0�r6�1.00
Bid Total in Words: nM 11/411/1 Seffnl -{Our 7 ,uan(1 S} -qv. 0011aa orcl Ido G 1
nIULI(a Ie FndlC liFf
Narna of adder or Fl,m y
Annual Sewer Rehabilitation Program, CIP 15701 UNIT PRICE BID SCHEDULE
BID FORMS
Exhibit A
Construction Plans and Specifications for the Annual Sewer Rehabilitation
Program, CIP 15701 (plans are Included In the specifications as Appendix P) are
on file and available for review at the City Clerk's Office.
ThIs Is EXHIBIT B, consisting of one page, referred to
In and made a part of the AGREEMENT between
OWNER and CONTRACTOR.
BID SCHEDULE
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15709
ID Description
1 Mobilization/Demobilization
Canna exceed 10% of bid Items 2•2
2 SCRRA (Railroad) Right of Entry Agreement ApplIcal[Ion and Compliance Fees Complete
3 Sheeting, Shoring and Bracing
4 Temporary Sewer Bypass 6' (All Segments)
5 Cured in Place Pipe Lining — 6"
6 Temporary Sewer Bypass 8' (All Segments)
7 Cured-ln-Place Pipe Lining - 8'
8 Cured -In -Place Pipe Partial Lining (Spot Repair) 8'
9 Temporary Sewer Bypass 12" (All Segments)
10 Cured -In -Place Pipe Lining —12'
11 Temporary Sewer Bypass 18" & 21' (All Segments
12 Cured in Plaos Pipe Lining —18'
13 Cured In Place Pipe Lining - 21'
14 Cured -In -Place Pipe Lining -21' (Storm Drain)
15 Cured in Place Pipe Lining — 36" (Storm Drain)
16 Remove Protruding laterals, gaskets, other
obstructions
17 1Manhole Rehabilitation (includes pressure grouting)
18 Manhole Rehabilitation (no pressure grouting)
19 Manhole Rehabilitation, Rebuild Trough Only
20 Manhole Frame & Cover
21 Service Lateral Connection Repair (Top Hat Style)
22 Install 6" Terminal Cleanout
23 Install Arguello Way Sewer Improvements
24 Traffic Control, Public Convenience and Safety
26 Raise Manhole
Bid Total in Words: 004 jnjfl t d h
KIQLVrz Teri,nalo! ligl I LLC
Name of Etdder or Firm
Annual Sewer Rehabilitation Program, CIP 15701
Estimated
Quand
Unit
Unit Price
Extends
price
1
LS
35000.80
3500W.ID
1
LS
1910od-00
18,000.00
1
LS
21OUD.6U
a =,dD
1
LS
T)OM00
RA0.613
2,125
LF
33, GD
11,400•()0
1
LS
10 M0.d0
10 0 D .
5,038
LF
32-M
1(0I216.(tb
20
LF
250.00
5, OW A
1
LS
33,(6eaaD
T33& OD
953
LF
SS .Qb
5g, q IS. ot
1
LS
c(q 310.ob
4q 3,0.60
19
LF
291.Ob
S AS'340
4,939
LF
99-a
04,024
64
LF
12-1. Ob
• Im
145
LF
1%9-60
ge-ou
36
EA
vasa
91500,611
7
EA
3 250.61?
22 ?q11
8
EA
21$pS.Qa
22 qq0.6U
4
EA
(IS a(M
(O,l(po,00
11
EA
IIS00.av
Ibrgoo. 0
16
EA
(11 60-00
.ub
1
EA
%)=.OD
$)OW.ob
1
LS
L71-500.4
1
LS
101 ISO.
E'rcozbo
j gg-eU
(PAW.4
BID
TOTAL:
11 (]qql ID& (.00
6040 Si -f11�c D811ars ones No Ca t
UNIT PRICE BID SCHEDULE
BID FORMS
Exhibit A