1976-0317_BRAEGER ,ART A._Contract CON UCTION OF EL CAMINO REAL RK .
CONTRACT
This contract is made and entered into by and between the CITY
OF SAN JUAN CAPISTRANO, hereinafter referred to as City and
A. ART BRAEGER hereinafter referred to as CONTRACTOR.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
FIRST. CONTRACT DOCUMENTS. The contract documents shall be
considered to include the Notice Inviting Bids, the Instruction to
Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit,
the Designation of Sub-Contractors, the Contract which is prepared
for execution by the City and the Contractor, plans, specifications
and special provisions, contract bonds, resolutions adopted by the
City Council pertaining to the work, insurance policies and certi-
ficates , and any supplemental written agreements amending or extending
the scope of the work originally contemplated that may be required
to complete the work in a substantial and acceptable manner.
SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor,
material, equipment, transportation, and supplies necessary to
perform and complete in good and workmanlike manner the construction
of EL CAMINO REAL PARK in strict conformity with the Plans,
Specifications and all other contract documents , which documents
are on file at the Office of the City Clerk, City Hall, 32400 Paseo
Adelanto, San Juan Capistrano, California.
THIRD. PAYMENT. City agrees to pay, and CONTRACTOR agrees to accept,
the lump sum adjusted for variations of quantities , at the prices
designated in bid proposal at the time and in the manner set forth
in the Specifications .
FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees
to begin and complete the work within the time specified in the
Notice Inviting Bids. It is agreed that it would be, impracticable
and extremely difficult to fix the actual amount of damages, and
loss sustained by CITY, should CONTRACTOR fail to complete the work
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in the specified time ;
e ; therefore , CONTRACTOR shall
all pay CITY, as
liquidated damages, not in the nature of a penalty, One Hundred
Dollars ($100) a day for each day delayed; provided that extensions
of time with waiver of liquidated damages, may be granted as provided
in the Specifications.
FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND, contractor
agrees to furnish bonds guaranteeing the performance of this contract
and guaranteeing payment of all labor and material used under this
contract, as required by the laws of the State of California, on
forms approved by CITY. The Performance Bond shall be for an amount
not less than One Hundred Percent (100%) of the amount of this
contract and shall be conditioned on full and complete performance
of the contract, guaranteeing the work against faulty workmanship
and materials for a period of one (1) year after completion and
acceptance. The Labor and Material Bond shall be for an amount not
less than One Hundred Percent (100%) of the amount of this contract
and shall be conditioned upon full payment of all Labor and Material
entering into or incidental to the work covered by this contract.
CONTRACTOR agrees to furnish the bonds on the forms found within
the Specifications.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. The general
prevailing rate of per diem wages and general prevailing rate for
holiday and overtime work, in the locality in which the work is to
be performed, for each craft, classification or type of workman
needed to execute the contract, have been determined by CITY, in
Resolution No. 75-5-7-3 which is on file at the office of the City
Clerk, City Hall , 32400 Paseo Adelanto, San Juan Capistrano,
California, and is hereby incorporated herein and made a part
hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under
him, shall pay not less than the foregoing specified prevailing
rates of wages to all workmen employed in the execution of the
contract.
SEVENTH. INSURANCE. CONTRACTOR agrees to carry Public Liability,
Property Damage and Workmen's Compensation Insurance in amounts as
required by the Specifications .
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EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC
CONTRACTS. CITY is subject to the provisions of the Government Code
.and the Labor Code of the State of California. It is stipulated
and agreed that all provisions of law applicable to public contracts
are a part of this contract to the same extent as though set forth
herein and shall be complied with by CONTRACTOR. These include,
but are not limited to, the stipulation that eight (8) hours labor
constitute a legal day's work and CONTRACTOR shall, as a penalty
to CITY, forfeit twenty-five dollars ($25) for each workman employed
in the execution of the Contract by CONTRACTOR, or by any SUB-
CONTRACTOR, for each calendar day during which such workman is
required or permitted to work more than eight (8) hours in violation
of the provisions of Article Three, Chapter One, Part Seven, Division
2 of the California Labor Code, except as permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly
authorized agent(s) of CITY, pursuant to Council action, and by
CONTRACTOR on the date set before the name of each.
DATED: March 17, 1976 CITY OF SAN JUAN CAPISTRANO
BY
-iAYOR
CITY CLERK
DATED: ICj Ao1��Q_ ASC-{�tZ
CONTRACTOR
BY
APPROVED AS TO FORM:
tOptnes S. Okazaki CZ
ity Attorney
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