CONTRACT
THIS CONTRACT is made this _____ day of _________________, 2023, in the County of Riverside, State of California, by and between the City of Corona, hereinafter called City, and W. M. Lyles Co., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
WRF 1 AERATION SYSTEM IMPROVEMENTS, NIB 23-066CA
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. A Move-In period of 30 Working Days shall precede the date stated on the Notice to Proceed. This period shall be used by the Contractor to confirm utility locations, turn in project submittals or other supporting documentation for review and acceptance and procure the necessary materials and equipment to perform the Work. Work shall commence on the last day of the Move-In period or the first Working Day the Contractor actually starts the Work on the project site, whichever occurs first. The Contractor shall complete all Work required by the Contract Documents within 180 Working Daysfrom the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million Eight Hundred Twenty-five Thousand Dollars ($3,825,000.00). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,800.00 for each and every working day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
DocuSign Envelope ID: D70AD996-5E86-4334-AA2B-8EA6E72FB995 DocuSign Envelope ID: 20447AEC-E5C4-4159-B31D-4A1C02A8A82D DocuSign Envelope ID: D8D25AA9-2A28-4F25-92DF-1DA9E6DFA3FC Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor is aware of the prevailing wage requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at DocuSign Envelope ID: D70AD996-5E86-4334-AA2B-8EA6E72FB995 DocuSign Envelope ID: 20447AEC-E5C4-4159-B31D-4A1C02A8A82D DocuSign Envelope ID: D8D25AA9-2A28-4F25-92DF-1DA9E6DFA3FC the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may obtain a copy of the prevailing wages from City’s Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9. ASSIGNMENT/CORONA UTILITY AUTHORITY. Contractor understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Contract is deemed to be a "material contract" under either of the CUA Management Agreements, the following provisions shall apply: (1) City enters into this Contract on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s); and (2) Contractor has no right to terminate this Contract, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Contract on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: D70AD996-5E86-4334-AA2B-8EA6E72FB995 DocuSign Envelope ID: 20447AEC-E5C4-4159-B31D-4A1C02A8A82D DocuSign Envelope ID: D8D25AA9-2A28-4F25-92DF-1DA9E6DFA3FC IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF CORONA
By:
______________________________
Savat Khamphou
Public Works Director
Reviewed By:
______________________________
Tom Moody
Director of Utilities
Reviewed By:
______________________________
Kenny Nguyen
CIP Manager/Assistant City Engineer
Reviewed By:
______________________________
Yasmin Lopez
Purchasing Manager
Attest:
______________________________
Sylvia Edwards, City Clerk
City of Corona, California
W. M. LYLES CO.
By:
______________________________
Grant Gourley
______________________________
President, VP or CEO
______________________________
License Number
By:
______________________________
Ruben Moreno
______________________________
Secretary, Treasurer or CFO
DocuSign Envelope ID: D70AD996-5E86-4334-AA2B-8EA6E72FB995 VP
422390
Secretary
DocuSign Envelope ID: 20447AEC-E5C4-4159-B31D-4A1C02A8A82D DocuSign Envelope ID: D8D25AA9-2A28-4F25-92DF-1DA9E6DFA3FC