HomeMy WebLinkAboutContracts & Agreements_97-2005_CCv0001.pdf AG"EMENT
THIS AGREEMENT, made and entered into this 7h day of June, 2005,by and between the City,of
Redlands, a Municipal Corporation, organized and existing under the laws of the State of California,
hereinafter referred to as the "City", and Alcorn Fence Company, a Corporation of Sun Valley,County of
Los Angeles, State of California,hereinafter refer-red to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to
perform construction of Redlands Sports Park SBKR Fencing Project, complete,all as shown,
specified, and made a part of Contract No. 240300-7256/47005,
2. For the Contract Sum of$99,406.25, in accordance with the terms and conditions of the Contract
Documents.
Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to
deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be
withheld by the City pursuant to and Escrow Agreement.
3. Time for Completion. The SBKR barrier fence work shall be completed within ten (10) work days
from and after the date of the Notice to Proceed and the no climb fence work shall be completed
within forty five(45) calendar days after the SBKR barrier fence work is complete,
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will
result in damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine, The Contractor shall pay to the City, or have
withheld from monies due it, the sum as set forth in the General Provisions for each consecutive
calendar day in excess of the specified time for completion of the work.
Execution of the contract shall constitute agreement by the City and Contractor that the liquidated
damages amount per day is the minimum and actual damage 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. The complete contract includes all of the contract documents set forth herein,
to wit, Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement,
Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any
Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or
conditions of this contract the prevailing party shall, in addition to any costs and other relief,be
entitled to recovery of its reasonable attorney's fees.
7. Defense Obligation. The Contractor shall defend the City, its elected officials,officers, agents,and
employees from and against any and all claims, losses,damages, and causes of action, including
death, brought by any person or persons for or on account of any wrongful or negligent act or
omission of the Contractor, its employees or agents in connection with the performance of the
Contractor's obligation under this contract
8. Insurance. All policies of general liability and business automobile insurance required by this
contract shall name the City, its elected officials, employees, and agents as additional insureds. Any
insurance required under this contract shall be primary with respect to the City and non-contributing
to any insurance or self-insurance maintained by the City.
CD-I
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of S375,000.00
or less shall be processed by the City pursuant to the provisions of Part 3, Chapter I. Article 1.5 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 subdivision(a)of the Public
Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements
provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201; if the City receives a third party claim in relation to
this Contract,theCity shall timely notify the Contractor. The City shall be entitled to recover
reasonable costs incurred in providing the notification required by Public Contract Code section
9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this
agreement will be binding on another party without the written consent of the party sought to be
bound.
12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors,assigns
and legal representatives in respect to all covenants,agreements and obligations contained in the
Z'
contract documents.
13. 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 the City and Contractor.
CD--)
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and
year first xvTitten above.
CITY SEAL
By:
iiayntCity of Redlands
C
0 of San Bernardino,California
ATTEST:
C ityClerk,Citydl�Ands
County =axno.California
Alcorn Fence Company
Name of Contractor
yt
CONTRACTOR SEAL Bv:
Signature o uthori/ed Agent
Greg Erickson—President
Sionatory'sTitle
Z�
Signature of Authorized Agent (ifnecessar.v)
Signatory's Title (Y'neccmvat7�p)
122594
Contractor's License No.
WORKERY COMPENSATION INSURANCE CERTIFICATION
REDLANDS SPORTS PARK SBKR FENCING PROJECT
Contract No. 240300-7256/47005
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 in one or more insurer 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.
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 of this contract. (Labor Code Section 1861)
C&-
Date
ALCORN FENCE COMPANY
Name 1'ontractor
By:
S IllatLI Autho Agent
1, 1-e !'�ut
6RLG PRESIDENT
Si-natorN's Title
122594
Contractor's License No.
CD-4
Recorded in Official Records, County of San Bernardino
10/O6/200:
y RECORDING REQUESTED BY LARRY WALKER 2:14 PM
AND WHEN RECORDED MAIL TO: SANmEmAii WALKER MA
Auditor/Controller – Recorder
CITY CLERK e3f,
R Regular Mail
CITY OF REDLANDS
35 CAJON STREET
P.O. BOX 3005 Dock2005—075209 Titles: i
Pages: 1
REDLANDS CA 92373 Fees 0.00
LTaxes 0.00
Other 0.00
PAID 58.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION FEES NOT REQUIRED
PER GOVERNMENT CODE
Notice pursuant to Civil Code Section 3093, this notice must be 03
filed within 10 days after completion 2
SECTION
work6Notice is hereby
given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described?
2. The full name of the owner is: CITY OF REDLANDS
3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005
REDLANDS CA 92373
4. The nature of the interest or estate of the owner is; In fee.
5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on Octoberl6,2001. The work done was:
Redlands Sports Park SBKR Fence Project
7. The name of the Contractor for such work of improvement was:Alcorn Fence Company
6445 Oldpedley Road, Riverside CA 92509 June 7, 2005
(Date of Contract)
8. The property on which said work of improvement was Completed is in the City of Redlands,County of San Bemardino,State of Califomia,
and is described as follows:City of Redlands Sports Park Property
9. The street address of said property is: 1740 N. Wabash Avenue, Redlands CA 92373
Dated:October 3, 2005
-Z�-
Senior Civil Engineer"PublicWorks*ent, _
City of Redlands
VERIFICATION
I, the undersigned,say I am the Public Works Director of the declarant of the foregoing Notice Of Completion,and have read said Notice of
Completion and know the contents thereof;the same is true Of my own knowledge.
I declare under penalty of perjury that the foregoing is true and Correct.
Executed on October 3, 2005,at Redlands,California.
i
Public Works Director,Public Works'Department,City of Redlands