HomeMy WebLinkAboutContracts & Agreements_16-2003_CCv0001.pdf DOCUMENT 00520
AGREEMENT FORM
TYRS AGREEMENT is by and between City of Redlands (hereinafter called OWNER) and J.R. Filanc
Construction Company, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE I -THE PROJECT
1.01 The Project for which the Work under the Contract Documents may be the whole or only a
01
part is generally described as follows: Construction of new treatment processes and facilities and
modifications and upgrades to existing processes and facilities at OWNER's wastewater treatment
plant.
ARTICLE 2 -WORK
2.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents for completion of the Project.
ARTICLE 3 -ENGINEER
3.01 The ENG]NEER, Carollo Engineers, P.C., is to act as OIAINER's representative, assume all
duties and responsibilities. and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with the completion of the Work in accordance with the Contract
Documents,unless otherwise modified in the Supplementary Conditions.
ARTICLE 4-CONTRACT TIMES
4.01 Time of the Essence:
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the
Contract.
4.02 Days for Substantial Completion and Final Payment Assigned to Sections of Work:
A. The Work will be substantially completed within the following number of days after the
date when the Contract Times commence to run as provided in paragraph 2.03 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within the following number of days after the
date when the Contract Times commence to run. Work included within each of the listed
milestones is as described in Section 0110 - Summary of Work.
Bid Set 00520-1
February 2002 61920I0
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Milestone I - Substantial Completion of Membrane Facility 450 days
Milestone 11 - Substantial Completion of Treatment Facilities 540 days
Final Completion 600 days
E. The construction periods listed above shall run concurrently.
4.03 Liquidated Damages:
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement,
that Work under other contracts is dependent on the timely and satisfactory completion
of the Work, and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. The parties also recognize that it
will be impracticable to determine actual damages which OWNER will sustain in the
event of or by reason of the delay. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER the following amounts for each day that
expires after the specified time in paragraph 4.02 for substantial completion until the
Work is substantially complete. After substantial completion, if CONTRACTOR shall
neglect, refuse, or fail to complete the remaining Work within the contract time or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the
following amounts for each day that expires after the time specified in paragraph 4.02
for completion and readiness for final payment until the Work is completed and ready
for final payment. It is further agreed that the amount stipulated for liquidated damages
per day of delay is a reasonable estimate of the damages that would be sustained by
OWNER, and CONTRACTOR agrees to pay such liquidated damages as herein
provided. In case the liquidated damages are not paid, CONTRACTOR agrees that
OWNER may deduct the amount thereof from any money due or that may become due
to CONTRACTOR by progress payments or otherwise under the Agreement, or if said
amount is not sufficient, recover the total amount.
Item Liquidated Damages, per day
Milestone I - Substantial Completion of
Membrane Facility $1,000.00
Milestone 11 - Substantial Completion of All
Other Treatment Facilities $1,500.00
Completion of all Work $750.00
B. In case of delays in the completion of more than one section of the Contract,
liquidated damages shall be assessed separately against Sections Milestones I
and 11 during the period of delay in the respective section.
Bid Set 005202
February 2002 6192C10
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10.D9 Excavation of any trench or trenches 5 feet or more in depth, involving estimated
expenditures in excess of$25,000 shall require, in advance of excavation, a detailed plan showing
the design of shoring, bracing, sloping or other provisions to be made for worker protection prepared
by a registered civil or structural engineer.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on January 21 200-3) (which is the Effective
Date of the Agreement).
0 WIN R. CONTRACTOR:
J.R. Filanc Construction Company, Inc.
-:,�
By: Karl 14- H M By: Peter J. Filanc
Attest Attest j�f�'Qatherina -U
Final
Address for giyifig notices: ty Clerk Address for giving notices:
35 Cajon Street, P. 0. Box 3005 4616 North Avenue
Redlands, CA 92373 Oceanside, CA 92056
License No. 134877
(Where applicable)
Agent for service of process:
Peter J. Filanc
Designated Representative: Designated Representative:
Name: Douglas D.Headrick Name: Peter J. Filanc
Title: Chief of Water Resources Title: President
Address: 35 Cajon Street, Suite 15A Address: 4616 North Ave.
Redlands, CA 92373 Oceanside, CA 92056
Phone Number: (909) 798-7698 —Phone Number (760) 941-7130
—Facsimile',NTumber: (9.09) 798-7670 Facsimile Number: (.760) 941-3969
END OF DOCUMENT
Bid Set 00520-8
February 2002 61920I0
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ARTICLE 5 -CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts determined
pursuant to paragraph 5.01.A below:
A. For all Work other than Unit Price Work, a Lump Sum of.
Nineteen Million, Fourteen Thousand, Six Hundred
Fift-v Five Dollars and Zero Cents $19,014,655.00
..(use words) (figure)
ARTICLE 6 -PAYAIENT PROCEDURES
6.01 Submittal and Processing of Payments:
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of
the General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
6.02 Progress Payments; Retainage:
A. Pursuant to Section 20104.50 of California Public Contract Code, OVVNTER shall make
progress payments within 30 days after receipt of CONLTRACTOR!s undisputed and
properly submitted Application for Payment less amounts which are authorized to be
reserved or retained by state law and in accordance with paragraphs 6.02.A.1 and
6.02.A.2 below and paragraph 14.02.D of the General Conditions. All such payments
will be measured by the schedule of values established in paragraph 2.07.A of the
General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General
Requirements:
1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER may determine
or OWNER may withhold, in accordance with paragraph 14.02 of the General
Conditions:
a. 90 percent of Work completed(with the balance being retainage). If the Work
has been 50 percent completed as determined by ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER and
ENGINEER. OWNER, on recommendation of ENTGENTEER, may determine
that as long as the character and progress of the Work-remain satisfactory to
them, there will be no retainage on account of Work subsequently completed,
in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100 percent of the Work completed
less the aggregate of payments previously made: and
Bid Set 00520-3 61}2-C10February-2002
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b. 90 percent of cost of materials and equipment not incorporated in the Work
,
(with the balance being retainage).
2. Upon Substantial Completion, OW'NER shall pay an amount sufficient to increase
total payments to CONITRACTOR to 100 percent of the Work completed, less such
amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of
the General Conditions and less 125 percent of ENGINEER's estimate of the value
of Work to be completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial Completion.
B. Pursuant to Section 22300 of California Public Contract Code, CONTRACTOR has the
option to deposit securities with an Escrow Agent as a substitute for retention of
earnings required to be withheld by OV-NER. For Escrow Agreement see Document
00602.
6.03 Final Payment:
A. Upon final completion and acceptance of the Work, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER in accordance with paragraph 14.07
of the General Conditions.
ARTICLE 7 -INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the legal rate unless other-wise specified according to California law.
ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNTER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general,local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site(except Underground Facilities)which have been identified in the
Z:�
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and
(2)reports and drawings of a Hazardous Environmental Condition, if any, at the Site
Bid Set 00520-4 6192C 10
February 2002
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which has been identified in the Supplementary Conditions as provided in paragraph
4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all additional or supplementary examinations, investigations,
explorations,tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost,progress, or
performance of the Work or which relate to any aspect of the means,methods,
techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the Contract
Documents to be employed by CONTRACTOR, and safety precautions and programs
incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations,tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information knoAn to CONTRACTOR, information
and observations obtained from visits to the Site, reports and drav�dngs identified in the
C.)
Contract Documents, and all additional examinations, investigations, explorations,tests,
studies, and data with the Contract Documents.
1. C 0 NTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
ARTICLE 9 -DOCUMENTS
9.01 Contents:
A. The Contract Documents consist of the following:
1. This Agreement,Document 00520;
2. Performance Bond, Document 00612,
3. Labor and-.Materials Bond, Document 00614;
4. Guaranty Bond, Document 00618;
Bid Set 00520-5 6192CIO
February 2002
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5. State Revolving Loan Fund Contract Provisions (Boilerplate);
6. General Conditions, Document 00700;
7. Supplementary Conditions, Document 00800;
8. Specifications;
9. Drawings;
10. Addenda (numbers to-, inclusive),
11. Exhibits to this Agreement(enumerated as follows):
a. CONTRACTOR's Bid Form, Document 00410;
b. Escrow Agreement for Security Deposits in Lieu of Retention,Document
00602;
12. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed, Document 00550;
b. Written Amendments;
c. Work Change Directives;
d. Field Order(s).
B. There are no Contract Documents other than those listed above in this Article 9.
C. The Contract Documents may only be amended, modified, or supplemented as provided
in paragraph 3.04 of the General Conditions.
ARTICLE 10 -MISCELLANEOUS
10.01 Terms:
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment of Contract:
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that
the effect of this restriction may be limited by law), and unless specifically stated to the
Bid Set 00520-6 619X10February 2002
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contrary in any written consent to an assignment, no assignrnent will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns:
A. OWNER and CONTRACTOR each binds itself. its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability:
A. 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 OWNER and CONTRACTOR, who agree that
the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
10.05 Procurement Contract:
A. The procurement contract for the microfiltration (membrane) system to be supplied by
Zenon Environmental.. Inc. is assigned to CONTRACTOR by OWNrER, and
CONTRACTOR accepts such assignment. CONTRACTOR assumes responsibility for
the performance of the Procurement Contractor as a Subcontractor, and for the work
included in the procurement contract as well as the terms and conditions of the contract
Price and payment procedures. Notwithstanding this assignment and transfer, the
guarantees and warranties specified in the procurement contract are intended for the
benefit of OWNER and CONTRACTOR, and may be enforced by either party. OWNER
will provide CONTRACTOR with a conformed copy of the assigned contract after
assignment of the contract.
10.06 In accordance with Section 1775, California Labor Code, CONTRACTOR shall forfeit to
OWNTER, as a penalty,not more than $50 for each day, or portion thereof, for each worker paid,
either by CONTRACTOR or any subcontractor, less than the prevailing rates as determined by the
Director of California Department of Industrial Relations for the Work.
10.07 In the performance of the Work, a day's work shall be eight (8)hours of labor in any
workday and forty(40)hours in any work- week and any other work as required by Section 5105
California Labor Code, and CONTRACTOR shall further conform to the requirements of Section
IS 13, California Labor Code, or forfeit to OWTNTER, as a penalty, the sum of$25 for each worker
employed in the execution of the Work by CONTRACTOR or any subcontractor, for each day
during which any worker is required or permitted to labor more than eight(8)hours in any work-day
or more than forty (40)hours in any one calendar week in violation of Section 510.
10.08 CONTRACTOR shall cam, workers" compensation insurance and require subcontractors to
carry workers' compensation insurance as required by Section -3)700, California Labor Code.
Bid Set 00520-7 6192C 10
February 2002
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