HomeMy WebLinkAboutContracts & Agreements_19-1988_CCv0001.pdf CONTRACT FOR PUBLIC WORK
1 . Parties ,and Date .
This Contract is entered into this 7th day of June ,
1988, between the CITY OF REDLANDS, a municipality of the State of
California, hereinafter "Owner" and Damon Construction Company_____,_,
hereinafter Contractor .
2 . Consideration .
In consideration of the mutual covenants hereinafter
contained Owner and Contractor agree to comply with the terms of this
Contract and to faithfully perform their duties hereunder .
3 . Duties of Contractor .
3 .1 Contractor agrees to furnish all labor , tools
and equipment necessary for the repair of approximately 4000 linear
feet , more or less , of rock curb in the City of Redlands in
accordance with Detail Drawing No . 100D attached hereto and made a
part hereof. Owner reserves the right to increase or decrease the
quantity of rock curb to be repaired in accordance with its needs .
3 .2 Contractor shall respond to any request for
repair of rock curb from the Owner within fourteen (14) calendar days
of the request. Such work shall be completed according to a schedule
to be agreed upon by the Contractor and the Owner; provided, however ,
that the Owner will schedule work in minimum increments of one (1)
day (eight (8) hours) .
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3 .3 Contractor agrees to provide Owner with a bond
in the. amount of $5 ,000 to secure faithful performance of its
obligations under this agreement . Contractor further agrees that it
and its subcontractors (if any) will comply with City of Redlands
Business License Ordinance No . 867 , Sales Tax Ordinance No . 936 , and
Use Tax Ordinance No . 937 , and all other applicable local laws and
requirements .
3 .4 Copies of the prevailing rate of per diem wages
for each craft, classification or type of work needed to execute this
Contract are on file in Owner ' s office and are available to
interested parties upon request . Contractor agrees to comply with
the penalty provisions of Section 1775 of the Labor Code ($25 per
worker per day) for failure to pay such prevailing rates .
3 .5 Contractor shall pay travel and subsistence
payments to each workman needed to execute the work , as such travel
and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Section 1773 .88 of the
Labor Code.
3 .6 When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the
provisions of Section 1777 .5 of the Labor Code with respect to the
employment of properly registered apprentices upon public works . The
primary responsibility for compliance with said section for all
apprenticeable occupations shall be with Contractor .
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3 .7. Contractor is advised that eight hours labor
constitutes a legal day's work . Pursuant '.to Section 1813 of the
Labor Code, Contractor shall forfeit a penalty of $25 .00 per worker
for each day that each worker is permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one
calendar week except when payment for overtime is made at not less
than one and one-half (1-1/2) times the basic rate for that worker .
3 .8 Contractor shall keep accurate payroll records
available for inspection in accordance with the requirements of Labor
Code Section 1776 .
3 .9 Contractor shall keep himself fully informed of
all laws and regulations in any manner affecting the performance of
the contract work , and shall indemnify owner and owner 's agents
against any liability arising from violation of any such law or
regulation .
3 .10 Contractor shall at its own expense maintain at
least the following insurance coverages throughout the performance of
this Contract:
(a) Worker 's compensation insurance coverage,
including occupational disease coverage, for all persons employed or
to be employed in the performance of this Contract, which insurance
shall at all times be maintained in strict accordance with the
requirements of the current California Worker 's Compensation
Insurance Laws .
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(b) Comprehensive general liability and vehicle
liability insurance coverage insuring Contractor for all claims for
personal injury, including sickness and death, and all claims for
destruction of or damage of property, including loss of use, arising
out of or in connection with any operations under this Contract , such
insurance to be written with a limit of liability of not less than
$300 ,000 .00 for all damages arising out of bodily injury, including
sickness and death, at any time resulting therefrom, substained by
any one person in any one accident , and a limit of liability of not
less than $500 ,000 .00 aggregate for any such damages sustained by two
or more persons in any one accident , and with a limit of liability of
not less than $300 ,000 .00 for all damages arising out of injury to or
destruction of property of others ' arising directly or indirectly out
of or in connection with the performance of the work under this
contract and in any one occurrence, including explosion collapse and
underground exposure .
Prior to commencement of any work under this
Contract, Contractor shall obtain and furnish to owner a Certificate
of Insurance as to each type of insurance required, in a form
acceptable to Owner .
3 .11 Contractor shall be responsible for all loss
and damage which may arise out of the nature of the work agreed to
herein, or from the action of the elements , or from any unforeseen
difficulties which may arise of be encountered in the prosecution of
the work until same is fully completed and accepted by Owner .
However, Contractor shall be responsible for damage proximately
caused by an act of God within the meaning of Section 4150 of the
Government Code only to the extent of 5 percent of the contract
amount .
_g_
3 .12 Contractor shall indemnify and hold harmless
Owner its agents and employees from and against all claims, damages ,
losses and expenses , including attorney's fees ' arising out of or
resulting from performance of work under this Contract and which are
attributable to bodily injury, sickness , disease or death, or to
injury to or destruction of tangible property including the loss of
use resulting therefrom caused in whole or in part by any negligent
or wilfull act or omission of the Contractor or anyone directly or
indirectly employed by him or for whose acts he may be liable .
3 .13 Contractor offers and agrees to assign to Owner
all rights, title and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 U.S .C . 15) or under the
Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and
Professions Code) arising from purchases of goods, services, or
materials pursuant to this Contract . Such assignment shall be made
and become effective at the time Owner tenders final payment to
Contractor, without further acknowledgement by the parties .
3 .14 Contractor shall be responsible for securing
and paying for all permits and licenses necessary to perform the work
described herein.
3 .15 If the work entails trenching of five feet or
more in depth, Contractor shall submit to Owner , in advance of
excavation, a detailed plan showing the design of shoring , bracing ,
sloping , or other provisions to be made for worker protection from
the hazard of caving ground .
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4 . owner ' s Responsibilities .
4 .1 Contractor agrees to perform the work required
herein for the unit price set forth in Contractor 's bid or as
negotiated between owner and Contractor , as the case may be; provided
that quantities of work shall be subject to adjustment as directed by
Owner .
4 .2 When the Contractor determines that he has
completed the work required herein, Contractor shall so notify the
owner in writing and shall furnish all labor and material releases
required by Section 3 .3 of this Contract . owner shall thereupon
inspect the work and, if acceptable, shall pay to Contractor the
amount due, less any amount which the owner may be authorized or
directed by law to retain . Acceptance of payment by the Contractor
shall constitute a release to owner from all claims and liabilities
to the Contractor for any work performed in relation to this Contract
or for any act or neglect by the owner relating to or affecting the
work .
4 .3 To the extent required by Section 4215 of the
Government Code, owner shall compensate Contractor for the costs of
locating and repairing damage to utility facilities not due to the
failure of Contractor to exercise reasonable care, and removing or
relocating main or trunk line utility facilities not indicate in the
plans with reasonable accuracy, and for equipment necessarily idled
during such work .
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5 . Contractual Relationship.
It is expressly agreed that Contractor is an independent
contractor and neither Contractor nor any of his employees shall be
deemed employees of Owner . Contractor shall have full supervision
over all workers on the job, including equipment ' drivers and
operators' and neither Owner nor any of Owner 's agents shall be held
responsible for any action of Contractor under this Contract . Should
any question arise regarding the meaning or import of any of the
provisions of this Contract or written or oral instructions from the
Owner the matter shall be referred to owner 's engineer , whose
decision shall be binding upon Contractor .
6 . Assignment Forbidden .
Contractor shall not assign or transfer this Contract or
any right, title or interest herein without the prior written consent
of Owner . if Contractor attempts an assignment of this Contract or
any right or interest herein, Owner may, at its option, terminate and
revoke the Contract and shall thereupon be relieved from any and all
obligations to Contractor or his assignee or transferee .
7 . Term.
The initial term of this Contract shall be from June 1 ,
1988 to December 31 , 1988, unless terminated sooner as hereinafter
set forth. After the initial term, the Owner and the Contractor may
extend the Contract for additional increments of one (1) year each
with renegotiated quantities and prices in accordance with the
following procedure;
(a) Owner shall submit to the Contractor , in
writing , the estimated number of linear feet of rock curb to be
repaired in the new calendar by November 1 of the previous calendar
year .
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(b) The Contractor shall submit to the Owner , in
writing ,, a unit price for the work to be 'done in the new calendar
year by November 15 of the previous calendar year .
(c) The Owner shall either accept or reject the new
unit price by November 30 of the previous calendar year .
(d) If the Contractor fails to submit a new unit
price, or if the Owner rejects the new unit price submitted by the
Owner, the Contract shall not be renewed for the following calendar
year .
8 . Termination .
This agreement may be terminated by Owner at any time by
giving Contractor seven (7) days advance written notice. In the
event of termination by Owner for any reason other than the fault of
Contractor ` Owner shall pay Contractor for all work performed up to
that time as provided herein .
9 . Attorney Fees and Costs .
If any action is necessary to enforce or interpret the
terms of this Contract, the prevailing party shall be entitled to
recover from the losing party attorney fees in an amount determined
to be reasonable by the court, together with costs and necessary
disbursements .
10 . Notices .
Any notice required to be given under the terms of this
Contract shall be sufficient and complete upon depositing the same in
the United States mail, with postage prepaid and addressed as
follows:
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Owner Contractor
City of,. Redlands Damon Construction Company
30 Cajon Street 500 E. Gardena Blvd.
P .O . Box 2090 Gardena CA 90248
Redlands California 92373
Il . Counterparts .
This agreement shall be executed in two (2) counterparts ,
each of which shall constitute an original.
IN WITNESS WHEREOF, each of the parties has caused this
Contract to be executed the day and year first above written .
OWNER.
CITY OF REDLANDS
By: &A,
Mayor
ATTEST:
By:
City-6erk
CONTRACTOR:
By:
ATTEST:
By:
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CERTIFICATION
LABOR CODE - SECTION 1861
I , the undersigned Contractor , am aware of the provisions
of Section 3700 et seq. of the Labor Code which requires every
employer to be insured against liability for Worker ' s Compensation or
to undertake self-insurance in accordance with the provisions of that
Code, and I , the undersigned Contractor , agree to and will comply
with such provisions before commencing the performance of this
Contract .
CONTRACTOR: ,
By: WUA0%.aAJa4%. QQ2,,_
�
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* Wire mesh as appr'bved by the City Engineer may be used in place of the
metal latah strips.
4"WIDE METAL LATH STRIPS
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TOP VIEW
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4 LAP(MIN.) AT JOINT SPLIT—FACE SEAL FLOWLINE
ROCK
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CROSS-SECTION OF ROCK CURB
SPECIFICATIONS
1. Description - This work shall consist of placing split-face rock in cement mortar beds and placing of
mortar caps at locations as shown on the plans or as directed by the Public Works Director and as
specified in these specifications and the special provisions.
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2, Rock'- Rock for use in split-face rock curbs shall be existing split-face rock or new rock as may be
required. Rock shall be clean, hard, durable and free from seams and other imperfections. Rock
shall be of uniform shape and size. Any new rock used shall be approved by the Public Works Director
or his authorized agent prior to use.
3. Mortar - Mortar for bedding and finishing of split-face rock curb shall be class "C" mortar consisting
of one part by volume of portland cement to two parts by volume of clean, fine aggregate. Hydrated
lime, to the extent of 10% by volume of the cement, may be added to the mortar. Hydrated lime shall
be treated as an addition and not as replacing any cement. Mortar may be mixed in either a mixing
machine or by hand. If mixed by hand, the fine aggregate, cement and lime shall be mixed dry until
the mixture assumes a uniform color. Water shall then be added at sufficient quantities to produce
a mixture workable for the intended use. Mortar shall be used within one hour after water has been
added and shall not be retempered.
4. Placing - Rocks shall be thoroughly wetted before placing, and shall be laid in full mortar beds, in
courses approximately horizontal and vertical in both longitudinal and transverse directions as herein
defined. Rocks will not be considered to be properly bedded until mortar exudes from the underside of
the bedded rock. Mortar caps shall contain 4" wide "Strip-Ex" steel lath*and shall be placed to the
dimensions shown above. Grades for the top of the cap shall comply as follows; When a 10 foot
straight edge is placed on top of the finished cap, the surface shall not vary from the edge of the
straight edge Imre than 1/8 inch, except at changes in grade. Grades and changes in grade shall
conform with Sections 2-1.02 .and 2-1.03 of the City of Redlands Standard Specifications. The align-
ment of the curb shall be set at a uniform perpendicular distance from the centerline of the street
as shown on the plans or as defined by the Public Works Director, No voids in any part of the curb
shall be permitted. Dimensions and tolerances for placing of rock shall be as shown above.
DETAIL 100 Q
Ox^wN rr MIKE BRIGGS CITY OF R E D L H N DS
r CM CCKCt} rvs MUTTER_<.{}<N_ MUR DEPARTMEI T OF PUBLIC WORKS
rurJtCT REPAIR ANIS REPLACEMENT OF
�^}aTTY cNaTNccR _ ._ ' SPLIT-FACE ROCK CURBING
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