HomeMy WebLinkAboutContracts & Agreements_6-2006_CCv0001.pdf AGREEMENT
,THIS AGREEMENT, made and entered into this3rd day of January 200 6, by and between the City
of Redlands, a Municipal Corporation, organized and existing under the laws of the State of Califorma.
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hereinafter referred to as the "City", and i0trier 14:CEir14 0111cary
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of the City of 01:arW County of Orange
State of California, hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
1. Scope of Work. The contractor will furnish all materials and will perform all of the work to repair
and replace the roofs on certain City facilities and will perform all other construction as required and
made a part of Contract No. ASD-2005-03.
2. For the Contract Sum of $ 872 , 000. 00 in accordance with the terms and
conditions of the Contract Documents.
Pursuant to Section 22300 of the California Public Contract Code. Contractor has the option to
deposit securities with an Escrow Agent as a substitute for or retention of earnings requirement to be
withheld by the City pursuant to and Escrow Agreement.
3. Time for Completion. The work shall be completed within days from and after
the date of the Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will
result in damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine, The Contractor shall pay to the City, or have
withheld from monies due it, the sum as set forth in the General Provisions for each consecutive
calendar day in excess of the specified time for completion of the work.
Execution of the contract shall constitute agreement by the City and Contractor that the liquidated
damages amount per day is the minimum and actual damage caused by the failure of the Contractor
to complete the work within the allowed time. Such sum is liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
5. Contract Documents. The complete contract includes all of the contract documents set forth
herein, to wft; Notice Inviting Bids. Instructions to Bidders. Proposal and Bid Forms, Bid Bond,
Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced
specifications., and any Addenda thereto.
6. Progress and Final Payment. The closure date for the purpose of making monthly progress
payments shall be assigned by the Administrative Services Director("Director") during the pre-
construction meeting. Payment, less deductions, unearned work and retention, will be made
within 30 days of the closure date. If a dispute exists between the City and the Contractor
regarding an item included in the Contractor's Monthly Progress Payment Request, progress
payments will be withheld until said dispute is resolved, in which case a longer period of time
will be required to make Such payment. No such payment shall be required to be made, when
in the judgment of the Director, the total value of the work since the last estimate amounts to
less than 5500. If in the opinion of the Director, work is not progressing
according to the
approved schedule, payments may be withheld until the Contractor returns to the approved
schedule.
The originals of certified payrolls are to be submitted to the Director within 10-calendar days
of the closing of each pay period for the contractor. No progress payment will be made to the
contractor, unless the certified payrolls are submitted to the Director for that particular pay
period for which the progress payment is requested. The certified payroll shall include all
personnel who worked on the project during that particular pay period.
Deductions will be made for: (1) amounts due the Owner for equipment or material furnished
or services rendered; (2) amounts due the Owner under the terms of the Contract; (3) amounts
of any claims of lien filed with the Owner; (4) accrued amounts of liquidated damages; (5)
amounts required to be deducted by Federal, State or local governmental authorities. From the
balance thus determined will be deducted the amounts of all previous payments, and the
remainder shall constitute the monthly payment due the Contractor.
A retention of ten percent (10%) will be withheld from each and every progress payment to the
Contractor. This percentage will remain constant throughout the duration of the Contract. The
City shall make a progress payment within thirty (30) days after receipt of an undisputed and
properly submitted payment request from Contractor pursuant to Public Contract Code section
20104.50.
After completion of the work to the satisfaction of the Director, the Director shall make a final
estimate of the amount of work done. The City shall pay the entire sum so found to be due after
deducting there from all previous payments and all amounts to be retained under the provisions
of the Contract. All prior partial estimates and payments shall be subject to correction in the
final estimate and payment. The final payment shall not be due and payable until the expiration
of thirty-five (35) days from and after the recordation of the Notice of Completion filed by the
City.
As provided by paragraph 22300 of the California Public Contract Code, the Contractor may
substitute securities for any monies withheld by the City to ensure performance under the
Contract. Substitute securities shall be deposited in a financial institution in a form acceptable
to the City of Redlands. The financial institution shall be located within the City limit's of the
City of Redlands, The Escrow Agreement to be used is set forth in Public Contract Code
section 22300.
7. Delivered Materials. No payment will be made for materials or equipment delivered but not
yet incorporated in the work. Vabarial an site CK! Ftp' Paynxt
8. Extras. Without invalidating the Contract, the City may order extra work or make changes by
altering, adding or deducting from the work, the Contract sum being adjusted accordingly and
the consent of the being Surety first obtained where necessary or desirable. All the Work of the
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kind bid upon shall be paid for at the price stipulated on the proposal, and no claims for any
extra work or material shall be allowed unless the work is ordered in writing by the engineer
and the price is stated in such order.
9. Claims for Extra Costs. No claim for extra work or cost shall be allowed unless the same was
done in pursuance of a written order by the Engineer, as aforesaid, and the claim presented with
the first estimate after the changed or extra work is done. AThen work is performed under the
terms of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls, and
vouchers covering all items of cost and when requested by the City, give the City access to
accounts relating thereto.
After completion of the work to the satisfaction of the Director, the Director shall make a final
estimate of the amount of work done. The City shall pay the entire sum so found to be due after
deducting there from all previous payments and all amounts to be retained under the provisions
of the Contract. All prior partial estimates and payments shall be subject to correction in the
final estimate and payment. The final payment shall not be due and payable until the expiration
of the thirty-five (35) days from and after the recordation of the Notice of Completion filed by
the City.
10. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or
conditions of this contract the prevailing party shall, in addition to any costs and other relief, be
entitled to recovery of its reasonable attorney's fees.
11. Defense Obligation. The contractor shall defend the City, its elected officials, officers, agents, and
employees from and against any and all claims, losses, damages, and causes of action, including
death, brought by any person or persons for or on account of any wrongful or negligent act or
omission of the contractor, its employees or agents in connection with the performance of the
contractor's obligation under this contract.
12. Insurance. All policies of general liability and business automobile insurance required by this
contract shall name the City, its elected officials, employees, and agents as additional insureds. Any
insurance required under this contract shall be primary with respect to the City and non-contributing
to any insurance or self-insurance maintained by the City.
13. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00
or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of
the Public Contracts 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 the Public
Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements
provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to
this Contract, theCity shall timely notify the Contractor. The City shall be entitled to recover
reasonable costs incurred in providing the notification required by Public Contract Code section
9201(b).
14. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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.
15. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this
agreement will be binding on another party without the written consent of the party sought to be
bound.
15. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns
and legal representatives in respect to all covenants, agreements and obligations contained in the
contract documents.
16. 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 the City and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and
year first written above.
CITY SEAL
By:
ayor,City of Redlands
//County of San Bernardino,California
ATTEST:
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City Cjtrk,City of pecan s
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U4Y of San Bern California
Letmx Pcof im cjq3ary
Name of Contractor
CONTRACTOR SEAL By:
Signature of Authorized Agewtj,/
Project Mm3�Tr
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
#689961
Contractor's License No.
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