1977-0119_CROSBY COMPANY, T.J._Contract • CONTRACT •
This contract is made and entered into by and between the CITY
OF SAN JUAN CAPISTRANO,�hereinafter referred to as City and
t"7A4AtSe / ;��_ 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
Cand�pecial 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.
SECO;iD. 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 major improvements of streets and sidewalks in the City.
Specifications and all other contract documents, which documents
' are on file at the Office of the City Clerk, City Rall, 32400 Paseo
Adelanto, San Juan Capistrano, California.
' THIRD. PAI'IIENT. 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. CO`,!ME\CM!ENTT AND COMPLETION OF TUE WORK. CONMICTOR agrce_s
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 wort;
1
in the specified t* therefore, CONTRACTOR 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 (1000) 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 Labc,_ and Material Bond shall be for an amount not
less than One Hundred Percent (1000) 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. GEATERAL 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. CONTRICT01 agrees that he, or any SUB-CONMACTOR. under
him, shall pay not less than the foregoing specified prevailing
rates of iva;;es to all workmyn employed in the execution of the
' contract.
SEVBNI'1I. INSURANCE . CONTRACTOR a,-,rees to carry Public Liability ,
Property Pama;-e and Workmen's Compensation Insurance in aui0unts as
required by the Specifications.
-1G-
EIGHTII. COMPLIANCAVII'll OTHER PROVISIONS OF #11 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 (3) 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 (S) 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 1VIIEREOF, 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: y A,�_ / C /9 47 CITY OF SAN JUAN CAPISTR'1NO
BY
MAYOR
L Y CL RK
DATED:
CONTRACTbIZ
BY
1 ,
-17-
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
SS.
ON February 2. 1977,
before me, the undersigned, a Notary Public in and for said State, personally appeared
_T. J. Crosby —
, known to me to be the
=ooeseooee00000eossoos000000o person_ whose name_ S subscribed to the within Instrument,
OFFICIAL SEAL and acknowledged to me that ,he_executed the same.
MMUERIT
S.
NO p.rY I UL uL! cB�ToEa IA Z WITNESS my hand and official seal.
PRINCIPAL OFFICE IN •
e LOS AIIC=LEC COUNTY
My Commission Expires April 18,1980
•0000eooee00000eeosoee00000000 .r � /
ACKNOWLEDGMENT—General—Wekoth Form 232—Rev.3-64 Notary PuPublic i'n MIE for salif Stab.