Section 00500
Contract
THIS CONSTRUCTION CONTRACT FY 2025 AS-NEEDED STREET IMPROVEMENT PROGRAM, PROJECT NO. 15318 (“Contract”) is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Hardy & Harper, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated 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:
FY 2025 AS-NEEDED STREET IMPROVEMENT PROGRAM, Project No. 15318 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor is required to commence each work order within ten (10) working days of receiving a work request for specific pavement repairs from the City. The Contractor shall complete all Work required by the Contract Documents within the number of working days from the date specified in the written Notice to Proceed for each work order. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum listed on each work order, which shall be based on the unit prices contained in the Contractor’s Bid Form. Total compensation under this Contract shall not to exceed Two Hundred Thousand Dollars ($200,000) per one-year contract term. Payment shall be made as set forth in the General Conditions.
At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without prior written authorization from the City pursuant to the terms and provisions of the Contract Documents. Additional work that would cause total compensation to exceed Two Hundred thousand Dollars ($200,000) requires prior approval of City Council and shall not be authorized without such prior approval.
LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with government code section 53069.85, it is agreed that the contractor will pay city the sum of $500 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 forfeiture. In the event that liquidated damages are not paid, the contractor agrees 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.
COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor 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.
PROVISIONS REQUIRED BY LAW. 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 Project.
INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
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 City Clerk, City of San Clemente or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
____________________________
Elizabeth A Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
HARDY & HARPER, INC., a California corporation (“CONTRACTOR”) By:_____________________________
Daniel Thomas Maas, Chief Executive Officer
Dated: __________________, 20____
By:_____________________________
Kristen S. Paulino, Secretary, Chief Financial Officer
Dated: __________________, 20____
END OF CONTRACT
Section 00500
Contract
Attachment 3