1994-1115_CREATIVE LIGHTING INC_Contract0 0
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY' and Creative Lighting Inc., 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 the Basketball Court Lights at Old Serra High School 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. COM EMEMENT 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 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
1
0 0
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. CENUAL 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 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.
0 0
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:
$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
0 0
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
DATED: ///5 9 BY: Z --ea
AYO
ATTEST:
4Chelohnso , Ci Clerk
APPROVED AS TO FORM:
L. j K /rjj
Ric and K. benhalter, City 4ttorney
II ) DA, �
K�7;IIII:7_ OK613
Creative Lighting, Inc.
0
Space above this line for recorder's use.
------------------------------------------
ANYTIME NOTARY SERVICE (714) 538-7723
State of California
County of Orange _p ss.
On Nd V�F'NI66e O ,1994 before me JAMES W. TAYLOR,
NOTARY PUBLIC, personally appeared, 1064 y /se -0144 y
,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my 14*fc7 and officiaR,,seal.
S i a t u r e w ( S e JAMES W. TAYLOR
JA ES
K. TAYLO�
COMM -991701
No blic and for saCid State. notu+rn;euc•c
My Commission expires July 9, 1997 OWANOE COUNTY I
I My Canmmion Expires July 9. 1997
---------------------------------------------------------
---------------------------------------------------------
CAPACITY CLAIMED BY SIGNER: Law does not require the
Notary to fill in the data below, but doing so may prove
valuable to persons relying on the document.
_ INDIVIDUAL
X CORPORATE OFFICER(S) TITLE(S) ���s/���✓r
_ PARTNER(S) _ LIMITED _ GENERAL
_ ATTORNEY IN FACT
_ TRUSTEE(S)
_ OTHER:
SIGNER IS REPRESENTING; (�ir°Efi%� �E/�/�% ��✓l7 1.�/C'
Rev. 1/94