HomeMy WebLinkAboutContracts & Agreements_125-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract("Contract") made and entered into this 1st day of July,
2014 by and between the City of Redlands, a municipal corporation organized and existing under
the laws of the State of California, (hereinafter "City"), and Fueling and Service Technologies,
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 perform all of the work for
the following: CNG FUELING SYSTEM EXPANSION PROJECT, complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's CNG
FUELING SYSTEM EXPANSION PROJECT. BID NO. QOLCNG52014. The base
scope includes installation of(1) two-hose CNG dispenser with raised island and bollards,
modification of and connection to fuel-management system, preparation of approved design
drawings for a canopy extension over the new island, and installation of the structural footers
for the canopy columns. Additive alternates include 1) upgraded hose nozzles for the new
dispenser, 2) replacement of electronics in the existing CNG dispenser, and 3) installation of
the canopy columns and superstructure over the new island.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $222,604.00 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,
Contractor has the option to deposit securities with an escrow agent as a substitute for
retention of earnings requirement to be withheld by City pursuant to an escrow agreement as
set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within seventy seven (77)
calendar days from and after the date of delivery to Contractor of a written Notice to Proceed
by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
provided 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:
Execution of the 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 for liquidated
damages and shall not be construed as a penalty, and may be deducted from payments due
Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set
forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid
6. Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions,
Special Conditions, Special Provisions and Specifications,and any addenda thereto.
7. 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.
8. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$375,000 or less shall be made by Contractor 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.
9. 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.
10.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.
11. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in
the Contract Documents.
12. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
B4y:
Pete Aguilar, ayor
City of Redlands, County of
San Bernardino, California
ATTEST:.
City ClerVio of Redlands
County of San Bernardino, California (SEAL)
Name of Contractor
By;
Signao uthorized Agent 1 41
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ja
Title
Signature of Authorized Agent(if necessary)
Title
-7 245// /
Contractor's License No.
EXHIBIT "A"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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
—�/—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.
FUELING AND SERVICE CHNOLOGIES, INC Date:
By:
— -��////V/
TOM WY , P CIPAL ENGINEER, VP
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