HomeMy WebLinkAboutContracts & Agreements_243-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this &J-h day of
Dl 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 PTM General
Engineering Services, 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: SAFE ROUTES TO SCHOOLS, CYCLE 8, complete all items as required
by the Contract Documents (as herein defined) and Specifications for City's SAFE
ROUTES TO SCHOOLS, CYCLE 8, Project No. 41040.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $775,818 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 60 calendar 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 sixty (60)
days from City's issuance of a written notice to proceed 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 City may withhold from
monies due to Contractor, the sum of $500 for each consecutive calendar day in excess of
such specified time for Contractor's completion of the 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 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.
Accordingly, Contractor and City further agree that any portions of the Work which are
deemed ineligible for funding under the terms of the SR2SL grant as a result of any actions
of Contractor, including, but not limited to, Contractor's failure to complete the Work or
Contractor's failure to invoice City for such portions of the Work in accordance with the
Contract Documents, will result in damages being sustained by City in excess of the
aforementioned liquidated damages amount of 5500 per day. In such event, City and
Contractor agree Contractor shall pay to City, or City may withhold from monies due to
Contractor, in addition to the 5500 per day, as liquidated damages and not as a penalty, the
amounts otherwise due Contractor for such portions of the Work up to and including the full
SR2SL grant amount of 5810,000.00.
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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,
Agreement,
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
filing 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.
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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)
e?By:
Mayor, CtYy of Redlands,
County of San Bernardino, California
ATTEST:
City Clerk, CitW kedlands
County of San Bernardino, California (SEAL)
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Name of Cqptractor
By: -Ij
Signature of Authorized Agent
E6,b,th H.mendoz.de McR—
FRESIDENVCF0
Title
Sic, ature of Authorized Agent (if necessary)
,--n
Title
Contractor's License No.
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