HomeMy WebLinkAboutContracts & Agreements_119-2013_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 4,h day of June,
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 Pacific Lighting -Management, 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 will perform all of the work for
the following: Lighting, upgrades to City Owned Parking Garages, complete, as required by the
C, 4:1
Contract Documents (as herein defined) and Specifications for City's Lighting Upgrade's to City
Owned Parking Garages, Project No. 47016 (the"Work").
2, CONTRACT SUM: City shall pay Contractor the sum of One Hundred Sixteen Thousand Nine
Hundred Twelve Dollars ($116,912) 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 art escrow agent
as a substitute for retention of earnings required to be withheld by City Pursuant to an escrow
agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within sixty (60) calendar days
from and after the date of the delivery to Contractor of the 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 pkv to City, or
have with-held from monies due to Contractor, the sum of One Thousand Dollars ($1,000) for each
consecutive calendar day in excess of the specified time for completion of the work. Execution of
this 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 fail-are 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: This Contract -incorporates by reference the following. Notice
Inviting Bids,Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Perforinance,
Labor and Material Bond, Plans, General Conditions (including specifically, and without
limitation, the federal contractual requirements set forth in Sections It and 12), Special
Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the
"Contract Documents").
6. REFERENCE TO FEDERAL REQUIREMENTS: Any subcontracts entered into by
Contractor to perform the Work shall contain the required references to the federal
contractual requirements as set forth in Sections 11 and 12 the General Conditions of the
Contract Documents.
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7. ATTORNEYS' FEES: In the event any 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.
8. RESOLUTION OF CONSTRUCTION CLAIMS: Any claims by Contractor in the amount of
Three Hundred Severity Five Thousand Dollars ($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
Contracts Code (commencing with Section 21010. All claims shall be in 'writing and include the
documents necessary to substantiate the claim. Nothing in Public Contracts Code Section 201041.2
shall extend the time limit or supersede the notice requirements provided for the filing of claims by
Contractor.
9. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections 177 7.1
and/or 1777.7,and certify that they are not debar-red and are eligible to perform the Work.
10. ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights or interests
under this Contract shall be binding on the City without the prior written consent of the City.
11. 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.
12. 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 Contract the day and year first
written above.
City of Redlands
(SEAL)
i � 0
By:
Pete Aguilar, mayor
ATTEST:
f.
Sam Irwin, ' y Clerk
(SEAL)
Pacific Lightins4 rnt Inc
Name of Contractor
By: 4
Signature of Authorized Agen `
Tim I4atamian CPO
Title
Signature of Authorized Agent(if necessary
Title
684486
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Quality of Life Department
Lighting Upgrades to City Owned Parking Garages, Project No.
47016
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 29th day of May 2013.
Pacific Li2htin M mt.
ntr c
(Signature)
—Tim Hatamian,CFO
(OfficialTitle)
(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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