HomeMy WebLinkAboutContracts & Agreements_175-2015_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 1st day of
September, 2015, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and Kalban, 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: 2015 SIDEWALK REPAIR PROJECT, complete all items as required by the
Contract Documents (as herein defined) and Specifications for City's 2015 SIDEWALK
REPAIR PROJECT, Project No. 40088.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$901,000.00 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 180 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City. Contractor is
to schedule full work days throughout the 180 calendar day duration, or until funds are
exhausted.
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 detennine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of$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 $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, General
Requirements, Technical 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 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.
CD I
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.
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.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By: e,I 60r
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
�a
City Cler , ity f Redlands
County of San Bernardino, California (SEAL)
KALBAN, INC.
Name tractor
4
B
gnatur o utho zed Agent ron Kaleb3 an
President
Title
Signature of Authorized Agent(if necessary) Bonnie Lane
Secretary
Title
507550
Contractor's License No.
CD 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL_CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Los Angeles )
On Sept. 15, 2015 before me, David E. Poole, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Miron Kaleb j ian and Bonnie Lane
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare
subscribed to the within instrument and acknowledged to me that I:re/we/they executed the same in
hie/ham/their authorized capacity(ies),and that by big/be ltheir 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
UAVIDCommission
E. POOLE of the State of California that the foregoing
Commission�2465278 9 g
Z is-true and correct.
•=� Notary Public -California z
ate' Los Angeles County WITNESS my hand and official seal.
Z r-�
My Comm.Expires Apr 21,2018
Signature _ ---
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this-form to an unintended document.
Description of Attached Document
Title or Type of Document: Contract - Redlands - Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Miron Kalebj ian Signe"r's Name: Bonnie Lane
19cCorporate Officer— Title(s): President M Corporate Officer — Title(s): Secretary
❑Partner — 0 Limited ❑General ❑ Partner — ❑Limited ❑General
❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Kalban, Inc. Signer Is Representing: Kalban. Inc_
•02014 National Notary Association•www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) ltem#5907