1998-1201_COMPUTER SERVICE COMPANY_Contract 'r
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n CSC
NOV 0 91998
CONTRACT
Receiv,.,
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "CITY" and COMPUTER SERVICE COMPANY,
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, 1997
Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY
pertaining to the work, insurance policies and certificates, and any supplemental written
agreement$ 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 DOWNTOWN LIGHTING PROGRAM — PHASE
1 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.
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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
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.
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 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 made 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, copies 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
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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 minimuiYl 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:
$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, defend 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
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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 ($25) for each
workman employed in the execution of the Contract by
CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such
workman is required or permitted to work more than eight (8) hours in violation of the
provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor
Code, except as permitted by law.
IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of
CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the
name of each.
City of San,,Juan Capistrano
1
DATED: 12/1/9$ BY:
HN GREINER MAYO .
BY: ` /VVL4-V �r I AA
CONTNA6TOR, LICENSE NO. AND CLASSIFICATION
Lonnie D. Truett, Secretary
171920 (C10)
ATTEST:
Cheryl Johns , Ci Clerk
APPROVED AS TO FORM:
(:� 4�—L�
John Shaw, qit /Attorney
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