HomeMy WebLinkAboutContracts & Agreements_234-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 19"' day of
November. 2013, by and between the City of Redlands, a municipal corporation organized and existing
under the laws of the State of California, (hereinafter "City"), and All American Asphalt (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: Redlands Boulevard and Alabama Street and Redlands Boulevard and Colton Avenue
Intersection Improvement, complete all items as required by the Contract Documents (as herein
defined) and Specifications for City's Redlands Boulevard and Alabama Street and Redlands
Boulevard and Colton Avenue Intersection Improvement Project,Project No.41017.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$4,035,000.00 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 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 223100.
3. TIME FOR COMPLETION: The Work shall be completed (See Section 01112, under 13 Time
of Completion) within 180 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$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, 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 other 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 by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions
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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
Witten above.
City of Redlands
(SEAT.) (0,Amer)
By:
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Mayor, City of Redlands,
County of San Bernardino,California
ATTEST:
City Clerk,City edlands
County of San Bernardino,California (SEAL)
Name of Contractor
By
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Signat of Authorized Agent
Title
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Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On December 11 2013 before me, Brenda L. Royster. Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley and Michael Farkas
Name(s)of Signer(s)
l3EtO OYT who proved to me on the basis of satisfactory evidence to be the
Commission t137 person(s) whose name(s) }stare subscribed to the within instrument
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Notary Public-California
Z his/herltheir authorized ca acit ies and that b hisA#erltheir
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My Comm.Expires Oct lei 2014� signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and corr et.
WITNESS�ndfficia
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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Description of Attached Document
Title or Type of Document Public Works Construction Contract—City of Redlands
Document Date: November 19. 2013 Number of Pages: 3
Signer(s)Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name: Michael Farkas
o Individual o Individual
X Corporate Officer—Title(s): Vice-President X Corporate Officer—Title(s): Secretary
❑ Partner—o Limited c General o Partner—2 Limited o General
RIGHT THUMBPRINT FIGHT THUNISPRINT
❑Attorney in Fact OF ,Attorney in Fact OF SIGNER
Trustee Top of thumb here 'W Trustee Top of thumb here
Other: c Other:
Signer is Representing: Signer is Representing:
All American Asphalt All American Asphalt