HomeMy WebLinkAboutContracts & Agreements_140-2007_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this 7'day of August, 2007,by and between the City of Redlands a
Municipal Corporation,organized and existing under the laws ofthe State of California,hereinafter referred toas the
"City,"and All American Asphalt ofthe City of Corona,CountyofRiverside,State of California,here
to as the"Contractor." ' r referred
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named,agree as follows:
I. Scope of Work. The Contractor will furnish all materials and will perform all ofthe work to perform construction
of 07/08 Paving program project, complete, all as shown, specified, and made a part of Contract No. 1.01.304-
7230/.
2. For the Contract Sum of S 402,933.00,in accordance with the terms and conditions of the Contract Documents.
Pursuant to Section 22300 ofthe 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 work shall be completed within twenty-five(25)work days from and after the date
of the Notice to Proceed.
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 ofthe 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 ofthe Contractor to complete the work w=ithin the
allowed.time. Such sum is liquidated damages and shall not be construed as a
payments due the Contractor if such delay occurs. '`mod may be deducted from
5. Contract Documents. The complete contract includes all ofthe contract documents set forth herein,to wit:Notice
Inviting Bids;Instructions to Bidders,Proposal and Bid Forms;Bid Bond;Agreement.Performance and Payment
Bonds, Standard Specifications and Standard Plans for Public Works Construction, Contract Documents and
Supplemental 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 recovers-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 actio inclu
or personas for or on account Dian wrongful � �death,brought by any person
y ngful or negligent act or omission ofthe Contractor,its employees or agents
in connection with the performance ofthe Contractor's obligation under this contract.
S. Insurance. All policies ofgeneral 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-insu
maintained by the City. rance
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or ls shall
es
be processed by the City pursuant to the provisions of Part 3, Chapter 1,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)ofthe Public Contracts Cele 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 City receives a third party claimi relation to this Contract,
the City shall timely notify the Contractor. The City l be entitled to recover reasonable costs incurred in
providing e notification required by Public Contract Code section 9201(b).
I 0. 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 assigurnent by a party hereto of any rights or interests under this agreement will
be binding on another party without
the,%vritten 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 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
CHYSEAL
By: X,
r,City of Redlands
ATTEST: County of San Bernardino, California
City Clerk,City ofRedl
County Q�"an Bernardino, ornia
All American Asphalt
Name of Contractor
CONM-4CTOR S BY:
Signature of Authorized Agent K,0b04-
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
267073 A, C-12
Contractor's License No.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r
State of California
County of Riverside ss.
J
On August 17, 2007 before me, Debbie A. Matsen, Notary Public
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
C:
Name(s)of Signer(s)
� .1
X personally known to me
i
to be the person(s)whose name(s)
*/are subscribed to the within instrument r 1
and acknowledged to me that 4e1s49/they
DEBBIE A.MAOSEN executed the same in-49A49;Aheir authorized
, amrr, Icr ; 2 4 capacity(ies),and that by 4istpsr/their
�, i votary Public_California
signature(s)on the instrument the person{s}
E�vs=1 County or,the entity upon behalf of which the person(s)
1 ¥_ Iv empires Nun es acted,executed the instrument.
WITNESS my hand and official seal,
92
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the
- document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Agreement, City of Redlands
Document Date: August 7. 2007 Number of Pages: 2
Signer(s) Other Than Named Above: None.
>' Signer's Name: Robert Bradley and Thomas Toscas
Individual
XCorporate Officer Title(s): Vice President and Sec./Treasurer
Partner-_Limited_General r
r� _Attorney-in-Fact Top of thumb here
1, Trustee
—Guardian or Conservator ;
—Other:
Signer is Representing: All American Asphalt
WORKERS' COMPENSATION INSURANCE CERTIFICATION
07/08 PAVING PROGRAM
CONTRACT No. 101304-7230
Every employer except the State, shall secure the payment of compensation in one or more of the folioxving 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 186 1)
Date
All American Asphalt
Name of Contractor
By;
Signature of Authorized Agent
eot�wt tQA
-vio
Signatory's Title
267073 A, C-12
Contractor's License No.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside SS
On August 17 2007 before me, Debbie A. Matsen, Notary Public
Date Name and Title of Officer
Personally appeared Robert Bradley 4'
7� NameW of Signer(ar) ,
X personally known to me
to be the personal whose nameW
islefe•subscribed to the within instrument
8 and acknowledged to me that hels49A4" `
DE MEA. IRM N executed the same in hist4er ir-authorized
capacity{ies}�and that by hisllieF{ i€-
Notary F'u :e Cduornio signature ]on the instrument the person}
RIVO ,g#e Cou-tv or,the entity upon behalf of which the person(,g}
My Comm.Expires Nov 2%2007 acted,executed the instrument.
WITNESS my hand and official seal,
Signature of Notary Public
OPTIOAAL
Though the information below is not required by law. it may prove valuable to persons retying on the
document and could prevent fraudulent removal and reattachment of this form to another document
r`
Description of Attached Document
Title or Type of Document: Workers`Compensation Insurance Certification City of Redlands
Document Date. August 17, 2007 Number of Pages: 1
Signer(s) Other Than Named Above: None.
Signer's Name: Robert Bradley
Individual
XCorporate Officer Title(s): Vice President
=a� _Partner- Limited_General <:
_Attorney-in-Fact Top of thumb here
Trustee
>p Guardian or Conservator
_Other:
Signer is Representing: All American Asphalt