HomeMy WebLinkAboutContracts & Agreements_220-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 18th day of
November, 2014, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and Paso Robles Tank,
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: WARD WAY RESERVOIR RECOATING AND IMPROVEMENTS PROJECT
complete all items as required by the Contract Documents (as herein defined) and Specifications
for City's WARD WAY RESERVOIR RECOATING AND IMPROVEMENTS PROJECT,
Project No. 71255.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$636,500 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 90 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 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 pay to City, or
have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day
in excess of the specified time for completion of 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 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, General
Requirements, Technical 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.
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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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Q%-1 N L l T Y � 1,r� Phone: (951)925-5022
o y Uax: 951 925-6822
PASO R O B L E S TA►N K, 1 N C INC. .3883 Wentworth Drive • Hemet,CA 92545
n 0 P.O. Box 1680 • Hemet,CA 92546
PLicense No.: 784971 Website: www.pasorobiestank.com
CERTIFICATION OF RESOLUTION AND AUTHORITY
I, Shane P. Wombles, do hereby certify that I am the duly-elected and acting Secretary
of Paso Robles Tank, Inc., a California Corporation, and that as such officer, I am duly
authorized to make this certification on behalf of that corporation.
I further certify that by consent in lieu of a meeting dated June 19, 2014, as authorized
by California law, the Board of Directors of said corporation adopted the following resolution
in accordance with the By-Laws of said corporation.
RESOLVED, that any Paso Robles Tank Inc., Business Development Manager or
Manager of Sales heretofore or hereafter employed in that capacity by Paso Robles Tank, Inc.
or any other person as may from time to time be designated by the President of Paso Robles
Tank is authorized to make bids, prepare quotations and submit and receive proposals for
contracts; to negotiate and sign contracts and other agreements, bid bonds, performance bonds,
and other related documents; and to execute other documents required in connection therewith,
on behalf of Paso Robles Tank, Inc.
I further certify that the foregoing resolution is in full force and affect that Lawrence G.
Wombles, Shawn P. Owens, and Shane P. Wombles, are duly designated and authorized
Business Development Managers and have the authority to act on behalf of Paso Robles Tank,
Inc.
This certificate shall remain in full force and effect unless and until written notice of
revocation has been received the person relying on this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Paso Robles
Tank this 19`x' day of June 2014.
bane P. Wombles, Secretary
Paso Robles Tank, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
Mayor, City of R lands,
County of San Bernardino, California
ATTEST:
City Clerk, o edlands
County of San Bernardino, California (SEAL) -7Z, '
Oct So b,nk _-L� C "
Name of Contractor
By.
Signature of Authorized Agent
I-Aw cence 4 e_! �`e*Id en
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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