HomeMy WebLinkAboutContracts & Agreements_16-2013_CCv0001.pdf PUBLIC WORKS PROJECT CONSTRUCTION CONTRACT
This Public Works Project Construction contract("Contract-) is made and entered into this 5'h
day of February, 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 Cooley
Construction,Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually
referred to herein as a"Partv- and, together. as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
L SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the following: Heritage Park Grading Project, complete all items as required by the
Contract Documents (as herein defined)and Specifications for City's HERITAGE
PARK GRADING PROJECT(the "Work"),
2. THE CONTRACT SUM: City shall pay Contractor the sum of$138,965 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. TIME FOR COMPLETION: The Work shall be completed within Thirty(30)
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
five hundred dollars($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 five
hundred dollars ($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. Agreement,
Performance Bond (Exhibit"A"), Labor and Material Bond (Exhibit"B"), Plans, General
Conditions, Special Conditions, Special Provisions and Specifications, and any addenda
thereto. All required Bonding must be submitted to the City within five (5)calendar days
of execution of this Contract.
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,
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 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 perform the Work.
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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Omer)
BY:
Pete Aguilar, ayor
A'T'TEST:
Sam Irwin,City derk
(SEAL) C � 1
Name�of-C nlractor
By: ter _
Signature of Authorized Agent
Title
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Signa ure' Authorized Age necessary)
Tale
Contractor's License No.
ACKNOWLEDGMENT
State of California
County of San Bernardino
On February 7, 2013 before me, Cheryl Olson, Notary Public
(insert name and title of the officer)
personally appeared Paul R Cooley Jr and Scott Daniels --------------------------------
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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 foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
CHERYL 'SON
COMISSW#T27001744
Notary POW-California
San Berwoo County
�Mm Expires Jan 18,20!7
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Signature (Seal)