HomeMy WebLinkAboutContracts & Agreements_99-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
Th* Public Works Construction contract ("Contract") made and entered into this RA day of
NLA —, 2013, by and between the City of Redlands, a municipal corporation organized
and existing under the laws of the State of California, (hereinafter "City"), and Miramontes
Construction Company, 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: Brookside Avenue and Ash Street Water Pipeline Replacement Project,
complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's BROOKSIDE AVENUE AND ASH STREET WATER
PIPELINE REPLACEMENT PROJECT, Project No. 71241.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $354,350.00 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 Forty (40) calendar
days from and after the date of delivery to Contractor of a written Notice to Proceed by City.
Contractor shall be allowed to perform a full street closure on the south side of Brookside
Avenue in two (2) separate occasions which will consist of a five (5) consecutive days of
closure for the installation of the water pipeline, and one (1) day of closure for the placement
of asphalt during the street resurfacing. Working hours shall be 7:00 A.M. to 4:00 P.M.
Monday to Friday only. Additionally, United States Postal Service must be allowed daily
access to all the residents along the closure path between 2:00 P.M. and 4:00 P.M.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
provided 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:
a) The sum of one thousand hundred dollars ($1,000) for each consecutive calendar
day in excess of the specified time for completion of Work.
b) The sum of three thousand dollars ($3,000) per calendar day for each consecutive
calendar day in excess of authorized timeline specified in Section 3 above, "Time for
Completion" as it relates to full street closure of the south side of Brookside Avenue.
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Execution of the Contract shall constitute agreement by City and Contractor that one
thousand dollars ($1,000) 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 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
$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
film(,L_ claims by Contractor.
8. ELIGIBILITY OF CONTRACTORISUBCONTRACTOR: 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
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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
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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)
rl
By:
Mayor, City of Redlands,County of
San Bernardino, California
ATTEST:
City Clerk, City of Aedlands
County of San Bernardino, California (SEAL)
Name of Contractor
By: _ e.�
Signature of Authorized Agentc� i
Title
Signature of Authorized Agent(if necessary)
Title
I -
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
BROOKSIDE AVENUE AND ASH STREET
WATER PIPELINE REPLACEMENT PROJECT
Project No. 71241
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 O� 2013.
(Contractor)
(Signature) c,,,,�,e-km
(Official Title)
(Sf'AL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
tie,Owner prior to performing the work-of the contract.)
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W
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r&4TR" T rICE AN
pjWD 1o_P811510700957
TSSUED TN TWO ORIGINAL COUNTERPAP7S PREMIUM-$10,629,00
COUNTERPAPT NO. 2 OF 2
PRItriORMANCEBOND
Wiereas,the City Council of the City of Redlands-,.State of California,and Mi Vartionties Construction
Company,Inc.(hereinafter designated as"Principal")have entered into all agreement whereby Principal
agrees to install and complete,certain designated public improvements,which said agreement,dated 'Y,_Lo,
2013,and identified as Construction Of BROOK IDE,AVENUE ,kN ASH STRELIT WMI R
PIPELINE REPIACE ME NIT PROJECT, Project No. 71241 is hereby rateried to and made a
part hereof,and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
per-formatice of said project.
Now,therefore,said Principal and insurance comp-any, its sni-ety, are held
firnity bound unto the City of Redlands(he,eillafter call"City"),in the penal sum of Three Hundred Fifty
Pont-Thousand and Tilree Hundred Fifty Dollars(J3�435Q.00 ) lawful money of the United States, for
the payment of which sum well and truly to be inade,we,bind ourselves,our heirs,successors,executors
and administrators,jointly and severally,firmly by these presents,
'Me condition of this obligation is such that if the above bounded Principal,his or hers heirs,executors,
administrator,successors or assigns,shall in all things stand to and abide by,and well and truly keep and
perforill the covenants,conditions and provisions in the said agreement and any al(erafion thereof runde as
therein provided, or ills or their part, to be kept and pot-formed it the time and in the manner therein
specified,and in all respects according to theirtrue intent and meaning,and shall defend,indemnify and
save harmless the City,.its elected officials,officers,agents and employees,as therein stipulated,then this
obligation shall become mill and void;otherwise it shall be and remain in full force and effect.
As a part of the obligationsectived hereby and in addition the j'ace amount specified therefore,(here shall
be,included costs and reasonable expenses an,]fees,including reasonable-attorney's fees incurred by the
City in successfully enforcing such Obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and 'agrees that no ch-ange; extension of tulle, alteration or addition to the
terms of the agreement or to the work to he performed thereunder or the specificatioils,,Icconlp-,Itlying the
sarne shall in anywise affect its obligations on this bond, and it does hereby waive notice Of any such
Change,extension Of tinge, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof,this instrument has been(fitly executed by the Principal and surety above named,on
May 15, _2011 (SEAL) (SEAL)
Miramontes.Construction Company,Inc. Phiiadeahia indpzpity Incur nc= company
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47X
ct
BY;
Si S.,
kAj Kevin aththct f� ,agure) Attomey-In-Fact
Addrss251 S. Lake IY.'e Suite 360
e ,
Pasadena, CA 911.01,
(Seal
Scal and Notarial Acknowledgment of Telephonc(616
,Surety)
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