1980-0507_CROSBY COMPANY, T.J._ContractfTY COPY
M9RAUT .
This contract is made and entered into by and between the.
CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as City and
' T J Crosby Company hereinafter
referred to as CONTRACTOR.
iIT IS! HEREBY AGREED BETWEEN TBE PARTIES AS FOLLOWS:
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FIRST. CONTRACT DOMINMNTS. The contract documents shall be
considered to include 'the Notice Inviting Bids, the Instruction
to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affi-
davit, 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, resolu-
tions adopted by the City Council pertaining to the work, in-
surance 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 neces-
sary to perform and complete in good and workmanlike manner the
construction of Calle A--pero Street Widening
in strict confor-
mity with the Plans, Specifications and all other contract docu-
ments, which documents are on file at the Office of the City
Clork, City Hall, 32400 Pasco Adclanto,, 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.
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MUR:cII. COMMENC1; 4 AND COMPLETION OF THE 0IIC. CONTRACTOR
agrees to begin and complete the work within the time specified
in the Notice Inviting Bids.. It is agreed that it 'would be im-
practicable 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, 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. PERFORPSANCr BOND AND LABOR AND MATERIAL BOND. Contractor
agrees to furnish bonds guaranteeing the performance of this con-
tract and guaranteeing payment of all labor and material used
under this contract, as required by the laws of the State of Cali-
tOrnia,_on forms approved;by City. ,The Performance Bond shall
be for an amount of one.hundred percent (1007.) of the amount of
this contract and shall be conditioned on full and complete per-
formance of the contract, guaranteeing the work against faulty
workmanship and materials for a period of one (1) year after com-
pletion and acceptance. The Labor and Material Bond shall be for
a.n amount of 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.
SiX11I. GENERAL PREVAILING RATE OI' PER DILV WAGES. Pursuant
to .the Labor Code of the State of California, copies of the pre-
yailinl; rate of per diem wages, as determined by the Director
of the State Department of Industrial Relations, arc on file
jn the office of the City Clerk, 32,100 Paseo Adclant:o, San Juan
Capistrano, California, and arc hereby incorporated and made a
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' part hereof. CONTRACTOR agrees that he, or any SUBCONTRACTOR
under him, shall pay not less than the foregoing specified pre-
vailing rates of wages to all workmen employed in the execution
' of the contract.
' SEVENTIi. 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 WITIi 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 ex-
tent as though set forth herein and shall be complied with by
CONTRACTOR. These include, but are not limited to, the stipula-
tion 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 9ach calen-
dar 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 WI1EREOF, this contract is executed by the duly
authorized agents) of City, pursuant to Council action, 'and by
CONTRACTOR on the date set .before the name of each.
DATED; May 7, 1980 CI OF
• By
APPROVED AS TO FORA: Y U
(f %ity Attorney T. J. Cros
DATED:
CAPI
MAYOR
CITY CLERK
Company