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PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ('Contract") is made and entered into this 22nd day of
May 2017, by and between the City of Redlands, a municipal corporation, organized and existing
under the laws of the State of California (hereinafter "City"), and AToM Engineeting Construction,
Inc ("Contractot") City and Contractor are sometimes individually referred to herein as a "Party"
and,together, as the "Parties.'
In consideration of the mutual promises contained herein, City and Contractot agree as follows
1 SCOPE OF WORK Contractor shall perform all of the work fol the following Manufacture
and Install one (1) as designed SERVICE CLUB MONUMENT SIGN located at Ford Street
and Redlands Blvd to include concrete, pillars, sign screen, citrus logos as pet bid drawings
Supply laboi to install city supplied stone veneer(the "Work")
2 CONTRACT SUM. City shall pay Contractor the sum of Twenty Foui Thousand Three
Hundred Ninety Eight Dollars ($24,398 00) as consideration for its performance of the Work in
accordance with the terms and conditions set forth in the Contract Documents Pursuant to
Public Contract Code Section 22300, Contractoi has the option to deposit securities with an
escrow agent as a substitute for retention of earnings required to be withheld by City pursuant
to an escrow agreement as set forth in Public Contract Code section 22300
3 TIME FOR COMPLETION: The Work shall be completed within Forty Five (45) calendar
days from and after the date of the delivery to Contractor of the Notice to Proceed by City
4 LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time
allowed will result in damages being sustained by City Such damages are,and will continue to
be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to
City, of have withheld from monies due to Contractot, the sum of Five Hundred Dollars ($500)
for each consecutive calendar day in excess of the specified time fol completion of the Work
Execution of this Contract shall constitute agreement by City and Contractoi that Five Hundred
Dollars ($500) pet day is the estimated damage to City caused by the failure of the Contractor
to complete the work within the allowed time Such sum is liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Contractor if such delay
occurs
5 CONTRACT DOCUMENTS This Contract incorporates by reference the following Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Plans,
General Conditions, Special Provisions and Specifications, and any addenda thereto
(collectively the "Contract Documents')
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6 ATTORNEYS' FEES, In the event any legal action is commenced to enforce of interpret the
terms or conditions of the Contract Documents, the prevailing Party in such action, in addition
to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including
fees for use of in-house counsel by a Party
7 RESOLUTION OF CONSTRUCTION CLAIMS Any claims by Contractoi in the amount
of Three Hundred Seventy Five Thousand Dollars ($375,000) of less shall be made by
Contractoi and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15
of the Public Contracts Code (commencing with Section 20104). All claims shall be in writing
and include the documents necessary to substantiate the claim Nothing in Public Contract
Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided
foi the filing of claims by Contractor
S ELIGIBILITY OF CONTRACTORISUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections
1777 I and/oi 1777 7, and certify that they are not debarred and are eligible to perform the
Work
9 ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights of interests
under this Contract shall be binding on the City without the prior written consent of the City
10 SUCCESSORS AND ASSIGNS City and Contractor each binds itself and then respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents
I I SEVERABILITY Any provision or part of the Contract Documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above
City of Redlands
(SEAL)
By. -
n—r e 2nei, City M ger
ATTEST:
ne Donaldson, City Clerk
(SEAL)
1 'QEmmmedw Ct1Ifi10Y1,Inc.
AToM Engineering Construction,Inc
By
Signature of Authorized Agent
Title
Signature f Authorized Agent(if necessary)
5 CIL,-1-
Title
c,nTitle
q(p 711 ��
Contractor's License No
i
e
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
a By being insured against liability to pay compensation by
one or more insurers duly authorized to write compensation insurance in this
State
b By securing from the Director of Industrial Relations, a
certificate of consent to self-insure, either as an individual employer, or as one
employer in a group of employers, which may be given upon furnishing proof
satisfactory to the Director of Industrial Relations of ability to self-msure and to
pay any compensation that may become due to his or her employees
CHECK ONE
ZI am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance to accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
1 affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
43n
Dated this 0 day of I ``aJ 2017
MOM F=eFl)l Con*wAO®,I&L
(Contractor)
r (Signature)
(Ot Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
the Owner prior to performing the work of the contract}
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