HomeMy WebLinkAboutContracts & Agreements_235-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 30-TH day of
November, 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 R Dependable
Construction Incorporated (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 perforrn all of the work for the
following: 2014 MUED OFFICE MODIFICATION, complete all items as required by the
Contract Documents (as herein defined) and Specifications for City's 2014 MUED OFFICE
MODIFICATION.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$33,980 as consideration for its
performance of the Work in accordance with the terns 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 30 calendar days from and
after the date of the delivery to Contractor of a written 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 sura of$500 for each consecutive calendar day
in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $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 Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical Specifications, and any addenda thereto.
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
$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.
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 Contractor 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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Own"Countyof
By.
i of Redla s,
San Bernardino,Ca ifornia
ATTEST:
City Clerk, City-&Redlands
County of San Bernardino,California
(SEAL)
R DEPENDABLE CONST INC
Name of Contractor
Signature of Authorize'd'A ent
PRESIDENT
Title
Signature of Authorized Agent(if necessary)
Title
944088
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
2014 MUED OFFICE MODIFICATION
Labor Code,Section 3700, provides,in part that:
'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 fioin 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 fiirnishing 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 worker's 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)
Dated this 24 day of NOVEMBER2014.
R DEPENDABLE CONST INC
(Contractor)
(Sign tur
PRESIDENT
(Official Title)
(SEAL)
(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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