HomeMy WebLinkAboutContracts & Agreements_105-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract-) is made and entered into this 4h day of
June, 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 Yellow Jacket Drilling
Services (hereinafter "Contractor"). City and Contractor are sometimes individually referred to
herein as a"Pam,"and,together, as the "Parties.-
In consideration of the mutual promises contained herein, City and Contractor agree as follows-
I. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the following: California Street Landfill Monitoring Equipment Relocation, complete
all items as required by the Contract Documents (as herein defined) and Specifications
for City's CALIFORNIA STREET LANDFILL MONITORING EQUIPMENT
RELOCATION, Project No. 72103{the``Work").
2. THE CONTRACT SUM: City shall pay Contractor the sum of $109,511 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 22300.
3. FUNDING FOR WORK: Contractor expressly acknowledges that City's costs for the
work are third-party funded and that Contractor shall not be issued a notice to proceed
and shall not commence any Work until City provides written notice to Contractor that
such funding has been received by City.
4. TIME FOR COMPLETION: The Work shall be completed within Thirty (30)
calendar days from and after the date of the delivery by City to Contractor of a written
Notice to Proceed.
5. 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 five hundred dollars ($1500) for each consecutive calendar day in excess
of the specified time for completion of Work.
Execution of this Contract shall constitute agreement by City and Contractor that one
thousand five hundred dollars ($1500) 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.
6. CONTRACT DOCUMENTS: This Contract includes, and incorporates by this
reference. all of the Contract Documents set forth herein, to wit, Notice Inviting Bids,
Instructions to Bidders., Contractor's Proposal. Bid Bond, Agreement,Performance Bond.,
Jacket Drilling PW Contract.doc
Labor and Material Bond, Plans, General Conditions, Special Conditions, and
Specifications, and any addenda thereto.
7. 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.
8. 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 California 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 for filing of claims by Contractor.
9. 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 perforin the work.
10. ASSIGNMENT OF CONTRACT: 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.
11. 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.
12. 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 W IEREOF, the parties hereto have executed this Contract the day and year first
written above.
City of Redlands
(SEAL)
By:
Pete Aguilar,Mayor
ATTEST:
Sam lrxvimed
y derk
�G EAL)
CORPORATE
Name of Contractor ` .
By: . ,
Signature of Authorized Agent
_ 4 9 -
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
CALIFORNIA STREET LANDFILL
MONITORING EQUIPMENT RELOCATION
Project No. 72103
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 1861)
Dated this day of 1 12013.
(Contra r)
CVRPORATE t
V
I RLI- LCTa .r
t
(Signature)
G 0(-)Li;) M r -, q
SEAL
(Official Tide)
(SEAL)
(Labor Code section 1861 provides that the above certificate must be signed and filed by the Contractor with
the G%Tier prior to performing the Work under the Contract.)
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