1995-1018_BRONGO CONSTRUCTION_Contract • CONTRACT •
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and Brongo Construction, 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 Instructions 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,
the Standard Specifications for Public Works Construction. 1991 Edition, including all
Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance
policies and certificates, 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 River Street Drainage Improvements 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 impractible and extremely difficult to fix the actual amount of damages,
and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified
time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a
penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed: provided that
extensions of time with waiver of liquidated damages, may be granted as provided in the
Specifications.
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FIFTH. PERFORMAIP BOND AND TABOR 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 the CITY. The Performance Bond shall be for an amount of
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 of 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.
CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal
services of any attorney representing the CITY in any action brought to enforce or interpret the
obligations of this agreement, and such sums shall be trade a part of any judgment in such action
against CONTRACTOR if such action is determined in favor of said CITY. The required
Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay
attorney's fees incurred by CITY in enforcing this agreement.
SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor
Code of the State of California, cQies of the prevailing rate of per diem wages, as determined
by the Director of the State Department of Industrial Relations, are on file in the Office of the
City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated
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 shall maintain at all times during this contract
liability and property damage insurance naming the CITY and its elected and appointed officials
as a named insured, which such policies shall be of an amount not less than One Million Dollars
combined single limit. Insurance certificates shall be for a minimum period of one year.
CONTRACTOR shall maintain in full force and effect comprehensive automobile liability
coverage, including owned, hired, and non-owned vehicles in the following minimum amounts:
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$500,000 property damage; •
$500,000 injury to one person/any one occurrence/ not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that in
the event of expiration of proposed cancellation of such policies for any reason whatsoever, the
CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before
the date thereof to comply with the applicable law or statute but in no event less than 30 days
before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy
certificate establishing that the required level of insurance has been satisfied.
CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents, and employees
from and against any and all claims, demands, loss or liability of any kind or nature which
CONTRACTOR, its officers, agents and employees may sustain or incur or which may be
imposed upon them or any of them for injury to or death of persons, damage to property as a
result of, or arising out of, or in any manner connected with the performance of the obligations
under this contract.
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 Dollar ($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.
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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: 10/18/95 BY:
MAYOR
BY:
CONTRAk
Brongo Con ruction by Leonard B o
33159-D C mino Capistrano
San Juan Capistrano, CA 92675
A
Cheryl Joh n, CAfy Clerk
APP VED AS TO FORM
'/—ZZ�L Z
i hard . Denhalter, City Attorney
6�CA-
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