Section 00500
Contract
THIS CONSTRUCTION CONTRACT SOUTH EL CAMINO REAL LANE RECONFIGURATION & BUFFERED BIKE LANE PROJECT, FEDERAL PROJECT NO. CML-5274(039), FTIP NO. ORA 190914, CITY CIP PROJECT NO. 11308 (“Contract”) is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente, a municipal corporation (“City”), and ONYX Paving Company, Inc., a California corporation with its principal place of business at 2890 E. La Cresta Avenue, Anaheim, California, 92806 (“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 work to replace the existing pull boxes with new ones while maintaining the same grade, 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:
SOUTH EL CAMINO REAL LANE RECONFIGURATION & BUFFERED BIKE LANE PROJECT FROM AVENIDA MENDOCINO TO SOUTH CITY LIMIT, FEDERAL PROJECT NO. CML-5274(039), FTIP NO. ORA 190914, CITY PROJECT NO. 11308 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 shall complete all Work required by the Contract Documents within 100 working days from the commencement date stated in the Notice to Proceed. 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 of One Million Six Hundred Thirty-Nine Thousand Dollars ($1,639,000). 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 written authorization from the City pursuant to the terms and provisions of the Contract Documents.
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 $800 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
Non-Collusion Declaration form
Information Required of Bidders
Designation of Subcontractors
Iran Contracting Act Certification
Public Works Contractor Registration Certification
LAPM EXHIBIT 12-G-Required Federal-Aid Contract Language LAPM EXHIBIT 12-H-Certification and Disclosure Forms
FHWA-1273
LAPM EXHIBIT 15-G-Construction Contract DBE Commitment
LAPM EXHIBIT 12-B-Bidder’s List of Subcontractor
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. [signatures on following page]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
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:
____________________________
Elizabeth A Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
ONYX Paving Company, Inc.,
a California corporation
(“CONTRACTOR”)
By:_____________________________
Corey Kirschner, Chief Executive Officer
Dated: __________________, 20____
By:_____________________________
Jay Kirschner, Secretary, Treasurer
Dated: __________________, 20____
END OF CONTRACT
Section 00500
Contract
Attachment 6