HomeMy WebLinkAboutContracts & Agreements_235-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract'") made and entered into this 3rd day of
December 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 Regency-Pacific
Development Coro. (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: SERVER BUILDING AND DATA CENTER, complete all items as required by the
Contract Documents (as herein defined) and Specifications for City's SERVER BUILDING
AND DATA CENTER,PROJECT No 40082.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$ 556,000 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 120 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 one hundred
twenty(120)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.
City has received a COPS grant (see Appendix) that provides the principal source of funds for
City's payments to Contractor for the Work (excluding the PBX). The COPS grant expires on
June 15,2014. Payments for any portions of the Work that City cannot be invoiced by City on or
before June 15,2014,are ineligible for funding under the terms of the COPS grant.
Accordingly, Contractor and City further agree that any portions of the Work which are deemed
ineligible for funding under the terms of the COPS grant as a result of any actions of Contractor,
including, but not limited to, Contractor's failure to complete the Work or Contractoes 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$500 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 $500 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 COPS grant amount of$122,000.
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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, 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 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 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
(SEAT.) (Owner)
By:
Mayor,City Redlands,
County of San Bernardino,California
ATTEST:
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City Clerk,City of edlands
County of San Bernardino,California (SEAT.)
Regency-Pacific Development Corporation
Name of Contractor
a
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By: �- �.
Signature of Autfiorizd' Agent
President
Title
Signature of Authorized Agent(if necessary)
Title
555936
Contractor's License No.
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