HomeMy WebLinkAboutContracts & Agreements_57-1989_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 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:
Construction of the SOUTH AVENUE WATER TRANSMISSION MAIN,
Project No: 3-8944, as described in the Specifications and as
shown on the plans and any change orders thereto.
2 . THE CONTRACT SUM: $334 ,110 .00 . All payments in
accordance with the contract documents and bid prices shown
in the proposal .
3 . TIME FOR COMPLETION: The work to be completed within
giig-aiindLtd_Eifty__Cl5Q_)___calender--days from-and after the date
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 .
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 .
City of Redlands (Owner)
By: --- --------------—-------
Mayor , City of Redlands ,County
of San Bernardino, California
ATTEST:
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City Cl rk , E,6f Redlands
Count of San. Bernardino, California
r u c t i on ea an
Name of Contractor
By:
Sic Ure of Authorized Agent
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Title
-7
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Contractor 's License No.
(Corporation Seal, if applicable)
ATTEST: