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Home My WebLink AboutContracts & Agreements_163-2012_CCv0001.pdf Public Works Construction Contract This Public Works Construction contract("Contract") made and entered into this day of 2012, by and between the City of Redlands,a municipal corporation organized and existing ander the laws of the State of California, (hereinafter"City"), and All American Asphalt thereinafter"Contractor"). City and Contractor are sometimes individually referred to herein as a"PaV and, together, as the"Parties." In consideration of the mutual premises 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: Resurfacing Program Phase 1, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's RESURFACING PROGRAM PHASE 1, Project No. 41035. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$2,460,000.00 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 Corte 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 ninety(94) 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 sum of one thousand dollar ($1,000)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 one thousand($1,000)per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sura 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 Band, Flans, General Conditions, Special'Conditions, Special Provisions and 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 ether relief, shall be entitled to recover its reasonable attorneys'fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims bvContractor inthe 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 CODi[RCt Code (coO0rD8DCiDg with Section 2O1O4). All claims shall beiDwriting and include the documents necessary to substantiate the claim. Nothing iDsubdivision (@) OfPublic Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing C|8iOlS by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 8109' and California Labor Code Sections 1777.1and/or 1777.7. and certify that they are not debarred and are eligible tOwork OOthis project. S. ASSIGNMENT OF AGREEMENT: No assignment by Party ofany rights Orinterests under this Contract shall be binding on another Party without the written consent of the Party sought tOb8bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns iDrespect tUall covenants, agreements, and obligations contained iDthe Contract Documents. 11. SEVERABILITY: Any provision orpart ofthe Contract documents held b} be void or unenforceable under any law or [8gU|8tiOn shall be d8808d stricken, and all remaining provisions shall continue tObevalid and binding upon City and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL I By: Ao -edlands Mayor, Ci County of San Bernardino, California ATTEST: City Clerk, of edlands County of San Bernardino, California Name of Contractor CONTRACTOR SEAL By: I'- 17 t ignature of Authorized Ag nt vl Signatory's Title Signature of Authbrized Agent(if necessary) Signatory's Title (if necessary) , , -12- /4 Contractor's License No. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On September 27, 2012 before me, Debbie Matsen.Notgy Public Date Here Insert name and Title mthe cffi=" personally appeared Robert Bradley and Michael Farkas Name(s)of Signer(s) who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(o) is/are subscribed tothe within instrument and acknowledged to ma thoi4**Ielietthey executed the same in DEBB171711111=MATSEN 4hiai�/thoir authorized uepad1y(ieo), and that by Welilhmr8heir Commission# 1958174 signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the pemon(o)acted,executed the instrument. Z Riverside County Comm.Expires Nov | uo�dyunder PENALTY DFPERJURY under�olaws ofthe S��nf California that the forgoing paragraph ietrue and ounecL WITNESS myhand and official seal. Signature m�ewmu��um"ve - - ` ox(nxmremNotary Public OPTIONAL Though the information below is not required by|mx,itmay prove valuable m person relying onthe document and could prevent fraudulent removal and reattachment ufthis form toanother document. Description ufAttached Document Title orType ofDocument— Document Date: Number ofPages: 3 Pages Signer(o) Other Than Named Above:_None. Capmcity(iem)C|aimad bySigner(m) Signer's Name: Robert Bradley Signer's Name. Michael o |ndividual o Individual ��Cn�om�OfflT oer h�<�� '� "rCorpondeOffioer—TiUeor Secretary oPartneroUm�edoGenen*| — oPeUner—oUmdedoQenen*| RIGHT THUMBPRINT RIGHT THUMBPRINT oAttorney inFact OFSIGNERoAttorney inFact OF SIGNER o|mstee Top of thumb here E:Trustee Top a'thumb here oOthec o[thec Signer iaRepresenting:___ Signer isRepresenting: WORKERS' COMPENSATION INSURANCE CERTIFICATION Description ofContract: City OfRedlands Municipal Utilities and Engineering Department RESURFACING PROGRAM, Phase 1 Project No. 41035 Labor Code, Section 37OO, provides, iDpart that: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (8) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance iOthis State. (b) Bysecuring from the Director OfIndustrial Relations, acertificate Ofconsent 00G8|f'in8U[e' either 8S an individual employer 0[ aS one B0p|OySr in 8 group Of 80p|OyerG, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and tOpay any compensation that may become due tOhis 0[ her VD1p|Oyee8." | 8m Rxv8[e of the prOViGiODS Of SgCbOn 3700 Of the Labor Code which requires every employer LO 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 Qfthe work Ofthis contract. (Labor Code Section 1801) (Seal) Date L� Name of Contractor By: /,_ 5�6si,6,nature of"Authorized nt Signatory's Title Contractor's License No. (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior toperforming the work mfthe oondnact). co-m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State ofCalifornia County of Riverside On September 27,2012 before me, Debbie Matsen, Notat-v Public Date were Insert name and Title of the Officer personally appeared Robert Bradle who proved to me on the basis ufsatisfactory evidence to be the pemon($) whose name(s) ia1ne�oubachbed to the within instrument and acknowledged to me that ho/she#4�sy executed the same in hiaHie*#heif authorized capacity(ias), and that by hiuA*adtho�— i onthe instrument he personSs), or the entity upon behalf Commission# 19,8174 Z o/which the pemonWacted,executed the instrument. Z Riverside County My Comm.Expires Nov 22,2015 | certify under PENALTY DFPERJURY under the laws ofthe State of California that the forgoing paragraph iatrue and correct. WITNESS myhand and official seal. 8iguum Place Notary Seal Above Signature mNotary Public OPTIONAL Though the information below is not required by law,it may prove valuable tu person relying unthe document and could prevent fraudulent removal and reattachment of this funn to another document. Description mfAttached Document Title orType nfDocument— Document Date: Number ofPages:_1_Page Signer(e)Other Than Named Above:_None. Capmcity(ios)Claimed bySiQner(s) Signer's Name: Robert Bradley Signer's Name: o Individual o Individual (CorpmrateOfficer—TdleA-,�: VicePresident c-:Corporate Officer—Thle(s): _______ opartner—oUmitedoGanena| opartnar—oLimitedoCenena| RIGHT THUMBPRINT RIGHT THUMBPRINT oAttorney inFact OF SIGNERoAttorney inFact OF SIGNER r-,Trustee Top of thumb here oTm$ea Top of ftmb here c:,Other: r,Other: Signer iaRepresenting:__' Signer iaRepresenting: