HomeMy WebLinkAboutContracts & Agreements_62-2013_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this le day of April,
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 Allison Mechanical, 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 will perform all of the work for
the following: HVAC upgrades to the A.K. Smiley Public Library, complete, as required by the
Contract Documents (as herein defined) and Specifications for City's HVAC Upgrades to the
A.K. Smiley Public Library, Project No: 47016 (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of Three Hundred Twenty-Nine
Thousand Five Hundred Ninety-Nine Dollars ($329,599) 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 required to be withheld by City
pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within ninety (90) calendar days
from and after the date of the delivery to Contractor of the 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 Dollars ($1,000) for each
consecutive calendar day in excess of the specified time for completion of the work.
Execution of this Contract shall constitute agreement by City and Contractor that One Thousand
Dollars ($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 sum is liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Contractor if such delay
occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal. Bid Bond, Agreement Performance,
Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto(collectively the "Contract Documents").
6. ATTORNEYS' FEES: In the event any 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: Any claims by Contractor in the amount of
Three Hundred Seventy Five Thousand Dollars ($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
Contracts Code(commencing with Section 20104). All claims shall be in writing and include the
documents necessary to substantiate the claim. Nothing in Public Contracts Code Section 20104.2
shall extend the time limit or supersede the notice requirements provided for the filing of claims by
Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections 1777.1
and./or 1777.7, and certify that they are not debarred and are eligible to perform the Work.
9. ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights or interests
under this Contract shall be binding on the City without the prior written consent of the City.
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 '"MER-OF, the Parties hereto have executed this Contract the day and year first
written above.
City of Redlands
(SEAL)
By: ;
Pete Aguilar,° ayor
ATTEST:
Sam LrW,u, i Clerk
(SEAL)
iamtt4 xj i
Name of Contractor
Al
By:
Sign!aturddof Authorized Agent
A
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Quality of Life Department
HVAC Upgrades to the A.K. Smiley Public Library,
Project No: 47016
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 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 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 186 1)
Dated this
day of j4p"
2013.
(Contractor) /17
(Signature)
C}ffieial 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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