HomeMy WebLinkAboutContracts & Agreements_35-2011_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") made and entered into this 34 day of March,
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 KAD Paving Company (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 Citywide Sidewalk and Curb Cut Improvements, Phase II, A
CDBG-R Project, Contract No. 243300-43042, complete all items as required by the Contract
Documents(as herein defined) and Specifications.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$49,650 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 Twenty Five (25)work 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.
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 Parry 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
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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.
S. 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.
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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:_
Y
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
City Clerk, City oMeoranels
County of San Bernardino, California (SEAT.)
a fAk6R
Name of Contractor
r
Byre
Si ature of Authorized Agent
A�C'C IT�
Title
Signature of Authorized Agent(if necessary)
Tiittlle E e�7
1q
Contractor's License No.
CLQ-3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
Citywide Sidewalk and Curb Cut Improvements, Phase II,
A CDBG-R Project, Contract No. 243300-43042
Labor Code, Section 3704,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 ,2011 .
(Contractor
(Si ature)
(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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Church Street Well Rehabilitation - On motion of Councilmember Harrison,
seconded by Councilmember Bean, the City Council unanimously agreed that
rehabilitation of the Church Street Well is exempt from environmental
processing pursuant to CEQA Guidelines and approved a service agreement
between the City of Redlands and Best Drilling and Pump, Inc. to perform the
rehabilitation work.
Airport Well Rehabilitation - On motion of Councilmember Harrison, seconded
by Councilmember Bean, the City Council unanimously agreed that
rehabilitation of the Airport No. 2 Well is exempt from environmental
processing pursuant to CEQA Guidelines and approved a service agreement
between the City of Redlands and South West Pump and Drilling, Inc. to
perform the rehabilitation work.
Sidewalk and Curb Improvement - On motion of Councilmember Gardner,
seconded by Councilmember Harrison, the City Council unanimously agreed
that construction of the FY2009-2010 CBDG Sidewalk and Curb Cut
Improvement Project is exempt from further environmental processing pursuant
to CEQA Guidelines, approved the Project plans and specifications and awarded
a contract to IAD Paving Company to perform the work.
More Sidewalk Improvements - On motion of Councilmember Gardner,
seconded by Councilmember Harrison, the City Council unanimously agreed
that construction of the FY2010-2011 CBDG Sidewalk and Curb Cut
Improvement Project is exempt from further environmental processing pursuant
to CEQA Guidelines, approved the Project plans and specifications and awarded
a contract to Mamco, Inc. to perform the work.
More Sidewalk Improvements - On motion of Councilmember Gardner,
seconded by Councilmember Harrison, the City Council unanimously
agreed that construction of the CBDG - Recovery Act - {Citywide Sidewalk
and Curb Cut Improvement Project, Phase II is exempt from further
environmental processing pursuant to CEQA Guidelines, approved the
Project plans and specifications and awarded a contract to KAD Paving
Company to perform the work.
Water District Agreement - On motion of Councilmember Bean, seconded by
Councilmember Harrison, the City Council unanimously approved a Stock
Purchase Option Agreement and a Shares Lease Agreement between the City of
Redlands and the San Bernardino Valley Municipal Water District for the lease
with option to buy 10,000 shares of Bear Valley Mutual Water Company water
stock.
Fire Truck Purchase - On motion of Councilmember Harrison, seconded by
Councilmember Bean, the City Council unanimously approved a purchase
March 1,2011
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