HomeMy WebLinkAboutContracts & Agreements_60-1989_CCv0001.pdf A G R E E M E N T
THIS AGREEMENT , made and entered into this 17th day of
October , 1989 , by and between the City of Redlands , a
Municipal Corporation , organized and existing under the laws
of the State of California , hereinafter referred to as the
"City" and Kershaw Construction Company of the City of
Fontana, County of San Bernardino, State of California,
hereinafter referred to as the "Contractor" .
WITNESSETH: That the City and the Contractor , for the
consideration hereinafter named , agree as follows :
1 . SCOPE OF WORK: The Contractor will furnish all materials
and will perform all of the work for the following:
Center Trunk Sewer , Phase II , in accordance with the
Contract Documents .
2 . THE CONTRACT SUM: Actual Payment shall be in accordance
with the Contract Documents . ($470 ,480 . 00)
3 . TIME FOR COMPLETION: The work to be completed within
Sixtv_.LEQ_)_ calendar days from- and after the date of issuance
of the Notice to Proceed,
4 . LIQUIDATED DAMAGES: Failure of the Contractor to
complete the Work within the time allowed will result in
damages being sustained by the City. Such damages are , and
will continue to be , impracticable and extremely difficult to
determine. For each consecutive calendar day in excess of the
time specified , as adjusted in accordance with the spe-
cifications , for completion of the Work the Contractor shall
pay to the City, or have withheld from monies due it , the sum
of $500 .
Execution of the Agreement shall constitute agreement by the
City and Contractor that $500 per day is a minimum value of
the costs and actual damage caused by failure of the Con-
tractor to complete the Work within the allotted time, that
such sum is liquidated damages and shall not be construed as a
penalty, and that such sum may be deducted from payments due
the Contractor if such delay occurs .
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5 . CONTRACT DOCUMENTS: The complete contract includes all
of the contract documents set forth herein , to wit; Notice
Inviting Bids , Instructions to Bidders , Proposals and Bid
Form, Bid Bond, Agreement , Faithful Performance Bond , Labor
and Material Bond, Plans and Specifications and any addenda
thereto.
6 . ATTORNEY'S FEES: In the event any action is commenced to
enforce or interpret the terms or conditions of this
Agreement, the prevailing party shall , in addition to any
costs or other relief, be entitled to its reasonable attor-
ney's fees .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written .
(SEAL)
City of Redlands (Owner)
By:
Mayor , City of Redlai�j_sC;�ii�tj
ATTEST-. of San Bernardino, California
City Clerk-,,F- t. of Redlands
Count of S` Bernardino, California
(SEAL)
Name .k Contractor
By:
Si mature of Authorized Agent
Title
Contractor 's License No.
(Corporation Seal , if applicable)
ATTEST:
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