HomeMy WebLinkAboutContracts & Agreements_29-2011_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") made and entered into this
day of February, 2011, by and between the City of Redlands, a municipal corporation
organized and existing under the laws of the State of California, (hereinafter "City"), and
Elite Companies US, 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 perform all of the
work for the following: Construction of the Edison Service Upgrade Work,
complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's 2011 CITY WIDE PAVEMENT REPAIR FOR
WATER PROJECTS.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$190.200.00 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
22300-
3. TIME FOR COMPLETION: The Work shall be completed within Sixty (60)
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,
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,
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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, RESOLD"PION 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 Fart 3, Chapter 1, Article 1.5 of the Public
Contract Code (commencing with Section 2.0104). 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 Califomia 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 written above.
City of Redlands
(SEAL) (Owner)
By: -13
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
City Cl - Citi lands
County of San Bernardino, California (SEAL)
Name of Contractor 9U C � �. N�+ , r�•1�
By:
ignature of Adffi6rized Agent
C:&0
Title
Signature of Authorized Agent (if necessary)
Title
9 127
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
2011 CITY WIDE PAVEMENT REPAIR FOR
WATER PROJECTS
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 Z ,, ,2011 .
(Contractor)
(Signature)
(Official 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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platform to submit ideas for the future of Redlands. Mayor Aguilar and
Councilmember Harrison recused themselves from discussion on the website
due to their employment relationship with the University of Redlands and Esri
respectively.
Smartphone Application - David Hexem introduced Kurt Daradics from
Citysourced, who gave a demonstration of a smartphone application to be used
to report to the Quality of Life Department basic issues needing attention such
as potholes,graffiti, illegal dumping and inappropriate parking
NEW BUSINESS:
Brown Act Compliance - On motion of Councilmember Bean, seconded by
Mayor Pro Tem Foster, the City Council unanimously agreed to continue to
follow the provisions of the Ralph M. Brown Act regarding open meetings and
open government, regardless of state failure to reimburse the City for the costs
of implementing the mandated provisions of the Act.
Vehicle Purchase - On motion of Councilmember Bean, seconded by
Councilmember Gardner, the City Council unanimously approved the purchase
of an Automated Sideloader Truck and a Front-End Loader Truck for the solid
waste collection. These trucks use Liquefied Natural Gas and are required to
meet emissions standards set forth by the California Air Resources Board.
Street Resurfacing - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Harrison, the City Council unanimously agreed that an
agreement and construction of the 2010 Resurfacing Program is categorically
exempt from further environmental review in accordance with the California
Environmental Quality Act, approved the Program plans and specifications,
waived a minor bid irregularity, and authorized the Mayor to execute a contract
between the City of Redlands and All American Asphalt, Inc. to do the work.
Pavement Repair - On motion of Councilmember Gardner, seconded by
Mayor Pro Tem Foster, the City Council unanimously agreed that an
agreement and construction of the 2011 City Wide Pavement Repair for
Water Projects is categorically exempt from further environmental review
in accordance with the California Environmental Quality Act, approved.
the Projects plans and specifications, waived a minor bid irregularity, and
awarded a contract to Elite Companies, Inc, to do the work.
Perchlorate Abatement - On motion of Councilmember Harrison, seconded by
Councilmember Gardner, the City Council unanimously approved a consultant
service agreement between the City of Redlands and URS Corporation for
design engineering services for a mixing system to abate a potential perchlorate
problem at the Agate Reservoir and a reimbursement agreement between the
February 15,2011
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