18-0116_SIEMENS INDUSTRY, INC._ContractCONTRACT—LED STREETLIGHT CONVERSION PROJECT
This CONTRACT is made and entered into this /6 day of January 2018, by and between City
of San Juan Capistrano, sometimes hereinafter called "City," and Siemens Industry Inc.,
sometimes hereinafter called "Contractor."
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in
the Contract, and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract
Documents as specked in Article 5, below, for the following Project:
LED STREETLIGHT CONVERSION PROJECT
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor's failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The
Work shall be commenced on the date stated in the Distric's Notice to Proceed. The Contractor
shall complete all Work required by the Contract Documents within 180 calendar 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.
C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of Four Hundred Fifty -Two
Thousand Three Hundred Eighty -Eight and 151100 Dollars ($452,388.15). Payment shall be
made as set forth in. the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is
agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11
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
this is not paid, the Contractor agrees the 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.
e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications and Scope of Work
Addenda
61147.91007130425843.2 -4- CONTRACT—led streetlight conversion project
Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition,
Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor 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.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. 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 Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth
in the General Conditions.
h. 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 the City's
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
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61147.91007130425843.2 -5- CONTRACT—led streetlight conversion project
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,
on the day and year above WMtten.
51 En II INO SCItY 1Nc-.
Name of Contractor
By
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License No. -7 5 S"1 9 Lo
Date:
CITY OF SAN JUAN CAPISTRANO
By �..
enja Siege
City Manager
Date: /-/9- - IF
(P MICHELEWM1gM'`, 0,, ff,&A'1�
j•' MY COMMISSION UFLES NA �
De m*00,2010 (1+innnh.I )),
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
BEAL AFFIXED, IF APPLICABLE)
Approved as to form this iodayof 201,9.
Attorney
Attorney for City of San Juan Capistrano
ATTEST:
By: L1�9 1�9
Morris
City Clerk San Juan Capistrano
END OF CONTRACT
61147.9100A30445043.2 -6- CONTP CT—ledSIMOVlghtconvemlonPT0,0-