1991-0521_BOTACO, INC._Contracty Copy
/30/92
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as City and BOTACO., 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 Contractor's proposal, this Contract agreement, the Designation of Sub-
contractors, and Landscape Maintenance District No. 1 Plans and Specifications.
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 maintenance of Landscape Maintenance District No. 1 Facilities
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.
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. This contract shall
be effective July 1, 1991 through June 30, 1992. CONTRACTOR agrees to begin and
complete the work within the time specified in the Specifications and Proposals.
FIFTH. TERMINATION. City may, without cause, terminate this Contract at any time
prior to completion by Contractor of any of the services required hereunder. Notice of
termination of this Contract shall be given in writing to Contractor, and shall be
sufficient to complete when same is deposited in the U.S. Mail, first class postage
prepaid.
In the event this Contract is terminated by City, Contractor shall be paid the value of
services performed by him pursuant to this Contract prior to the date of termination
thereof, such value to be the total to which he shall have become entitled, as determined
by City, less the amount of any payments previously made, but in no event exceeding the
maximum contract amount stated in SECTION 3.
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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 offices 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 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
minimum period of one year.
The insurance policies shall bear an endorsement or shall have an attached rider
providing that in the event of expiration or 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 Lessor, 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 agreement.
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 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 (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.
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IN WITNESS WHEREOF, 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: &L,
ATTEST:
Cheryl JohnsafY, CWy Clerk
APPROVED AS TO FORM:
City Attorney�—
CITY OF SAN JUAN CAPISTRANO
BY:
Kenneth E. �Frayor
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BY: 1 � -
Contractor
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