HomeMy WebLinkAboutContracts & Agreements_135-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract("Contract") made and entered into this 9t'day of
August, 2012, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and Flatiron Electric
Group, 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: LED Streetlight Conversion Project, Phase 1, complete all items as
required by the Contract Documents(as herein defined) and Specifications for City's
LED STREETLIGHT CONVERSION PROJECT PHASE 1, Project No.40080.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$166,540 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 with maximum of fifty-six (56) calendar days of lead time.
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.
CD 1
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 5375,000 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 tiling 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.
CD 2
IN WITNESS WHEREOF",the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEA) (Owner)
By: $t�°
C r
Mayor,City of Redlands,County of
San Bernardino,California
ATTEST:
City Clerk, t of Redlands
County of San Bernardino. California (SEAL)
Flatiron Electric Grp, Inc.
Name of Contractor
By:
Signature of Authorized Agent
Richard TesQnero Viceeont
Title
Signature of Authorized Agent(if necessary)
Title 862724
A & 1Q
Contractor's License No.
CD 3