HomeMy WebLinkAboutContracts & Agreements_9-2020PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 21st day of January,
2020, by and between the City of Redlands, a municipal corporation, organized and existing under the
laws of the State of California (hereinafter "City"), and Elecnor Belco Electric, Inc hereinafter
("Contractor") 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 Contractor agree as follows
1 SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the
following Installation and Manufacture of two Traffic Signal Cabinets located at the intersections
of (1) Church Street & Citrus Avenue and (2) Texas Street & Colton Avenue , complete all items
as required by the Contract Documents (as herein defined) and Specifications for City's Traffic
Signal Cabinets — 2 Locations — Church Street & Citrus Avenue and Texas Street & Colton
Avenue (the "Work")
2 CONTRACT SUM City shall pay Contractor the sum of One Hundred Thirty Six Thousand Eight
Hundred dollars ($136,800) 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, Contractor 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 Sixty calendai days (60) 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, or
have withheld from monies due to Contractor, the sum of Five Hundred dollars ($500) for each
consecutive calendar day in excess of the specified time foi completion of the Work
Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred
Dollars ($500 ) per 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 Performance,
Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto (collectively the "Contract Documents")
6 ATTORNEYS' FEES: In the event any legal action is commenced to enforce or 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
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7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of three
hundred seventy five thousand dollars ($375,000) or less shall be made by Contractoi and processed
by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contract Code
(commencing with Section 20104) All claims shall be in writing and include the documents
necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section
20104 2 shall extend the time limit or supersede the notice requirements provided in this case from
filing claims by Contractor
8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor
Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work
on this project
9 ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to be
bound
10. SUCCESSORS AND ASSIGNS City and Contractoi each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents
11. SEVERABILITY: Any provision 01 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 Contractoi
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written
above
(SEAL)
ATTEST:
e Donaldson, City Clerk
City of Redlands
Paul W Foster, Mayor
(SEAL)
EIttnDr -bele-o L/ems -i , /he.,.
Name of Contractor
By
Signature of Authorized Agent
Alberto Garcia, President/CEO
Titl
ture of Authorized Agent (if necessary)
Roger DeVito, Assist Secretary
Title
738518
Contractor's License No
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document
State of California
County of San Bernardino
On 1/20/20
}
}
before me, Rebecca Wilks, Notary Public
lHere insert name and title of the officer)
personally appeared Alberto Garcia de los Angeles and Roger DeVito
who proved to me on the basis of satisfactory evidence to be the person `sjwhose
names is re subscribed to the within instrument and acknowledged to me that
he/she'. executed the same in his/he I=uthorized capacity +( and that by
his/here signatures on the instrument the person, or the entity upon behalf of
which the person sacted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal
W4(-:
otary Public Signature (Notary Public Seal)
°•.s REBECCA WILKS
Notary public - California
San Bernardino County r
Commission # 2300424
Hy Comm Expires Aug 5. 2023 `
ADDITIONAL OPTIONAL INFORMAT ON INSTRUCTIONS FOR COMPLETING THIS FORM.
DESCRIPTION OF THE ATTACHED DOCUMENT
Redlands Contract
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
E Corporate Officer
CEO, Asst Secretary
(Title)
Partner(s)
Attorney -in -Fact
Trustee(s)
Other
rirww NotaryCiasses corn 800-873-986'c
This form complies with c7€11rent f ahfornia statutes regarding notary wording and
if needed should be completed and attached to the document Acknowledgments
from other states may be completed.fin documents berng sent to that stale so long
as the wording does not require the C alitOrnra notary to violate Cal fornia notary
lau
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public. for acknowledgment
• Date of notanzition must be the date that the signer(s) personally appeared which
MUSS also be the same date. thi, aclatawleclgn.rent is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a catimia and then your title (notary public)
• Pnnt the name(s) of document signer(s) who personally appear at the tune of
notari zat€on
• Indicate the correct singular or plural forms by crossme oft incorrect }'Minis (i.e
he/shed}ley, is /are ) or circling the correct forms Failure to correctly nidicau. this
infonnation may lead to refection of document recording.
• The notary seal impression must be deal and photographically reproducible.
Impression must not cover text or lines if seal impression smudges, re -seal if a
sufficient area permits otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on tile with the otTic.. of
the county clerk
▪ Additional information €s not required but could help to ensure this
acknowledgment is not misused or attached to a different document
4• Indicate title or type of attached document number of pages and date
▪ indicate the capacity clauricd by the signer if the claimed capacity is a
coiporate Officer indicate the title (i e CEO CFO Secretary)
• Securely attach this document to the signed document with a staple
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Descnption of Contract
City of Redlands
Facilities & Community Services
FCS 11062019KG
Traffic Signal Cabinets — 2 Locations
Texas Street & Colton Avenue and Church Street & Citrus Avenue
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 -insure and to pay any compensation that may become due
to his or her employees
CHECK ONE
X I 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 in
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)
I 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
Dated this A0 day of t -i & i'1 , 2020
ELECNOR BELCO ELECTRIC, INC
(Contr. c :.■�
(SEAL)
Alberto Garcia, President/CEO
(Official Title)
(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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