HomeMy WebLinkAboutContracts & Agreements_45-1988_CCv0001.pdf CONTRACT
This Contract is made and entered into on December 20 , iq 88 , by and between the CITY OF RZDLANCS
hereinafter called -Owner', and Mancha Corporation
called 'Contractor'. This Contract is for that Work d hereinafter
escribed in the Contract Documents entitled CONSTRUCTING 18' L T I ',
AVENUE TRUNK SEWER AND 21- SAN BERNARDINO AVENUE TRUNK SEWER. �CCNIA
A. Recitals -
2.
Contractor, in response to a Notice Inviting Bids issued by Owner, has submitted a bid proposal for the above
entitled Work.
2. Owner has duly opened and considered said bid proposal, and has duly awarded said bid to Contractor in
December 7 B0 on
accordance with said Notice Inviting ids88 and has given written notice of said award to Contractor I --_
Contractor has obtained and delivers concurrently herewith specified Performance and Payment Bonds and the
Certificate of Insurance as required by the Contract Documents.
B. Terms
1. Incorporation of—D.Ocunnents
This Contract includes and hereby incorporates in full by this reference the Contract Documents for the above
entitled Work.
2. Contractor's Basic..Obligation
Contractor agrees to provide the Work specified in the following bid schedulesan d'or bid items:
Schedule 1 18" Lugonia Avenue Trunk Sewer and Schedule 11 21" San 1
nardino Avenue Trunk Sewer, combined
for Eight Hundred, Thirty One Thousand,Six Hundred Seventy Six and 75/1Q1�1ta,.,
{4831,676.75 ------- L said amount being subject to adjustment in
accordance with the applicable terms of the Contract Documents.
Contractor agrees to perform said Work, at said Contract amount, in accordance with the following Contract
Completion Schedule: Schedule I shall be completed within 70 calendar days from
the Notice to Proceed. Schedule II shall be Completed within 161 calendar
days from the Notice to Proceed.
Contractor agrees that it the aforesaid Contract Completion Schedule is not met, liquidated damages will apply as
provided by the Contract Documents,in the following amounts and under the following conditions:$1,000 per
qalendar day for each and"every calendar day beyond the completion date
gstabli,shed in the NoticetoProceed for EACH schedule that remains incom lete.
3. Owner's Basic Obli ation
Owner agrees to engage and does hereby engage said Contractor as an independent Contractor to furnish all
materials and to perform all Work according to the terms and conditions herein contained for the sum Aforesaid
and hereby contracts to pay said sum at the time, in the manner, and in accordance with the conditions
in the Contract Documents.9. -'One met forth
Contractor's Labor Certification
Contractor states that it is aware of the provisions of Section 37GO of the Labor Code, which require every
employer to be insured against liability for worker's compensation or to undertake self insurance in accordance
with provisions of that Code, and Contractor agrees to comply with such provisions before commencing the
performance of the Work of this Contract,
Litigation Costs to Enforce or InteMret Contract
In the event suit is brought to enforce or interpret any part of this Contract, the prevailing party shall be entitled
to recover as an element of the costs of suit, and not as damages, reimbursement of costs and reasonable attorney's
fees Plus expenses (including the cost and expense of Engineer and Owner's representatives and experts and
investigators) to be fixed by the Court, The "Prevailing party*shall be the party who is entitled to recover costs
Of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover costs shall not recover
attorney's fees. No sum for Attorney's fees shall be counted in calculating the amount of a judgment for purpose'
of determining whether a party is entitled to recover costs or attorney's feet_ s
6. Lit.igation or Enforcement Action Costa
If the Owner and/or its Officials, Officers, Employees, Agents, Consultants, and Engineers are named, or are
required to testify-or contribute time and expense in any other way, in any suit or enforcement action of any kind
brought to recover alleged damages or remedy alleged violations resulting from the acts or omissions (including
negligent acts or omissions} in connection with, or accidents arising from, the acts, operations, and responsibilities
of the Contractor, its Subcontractors, or others %aaoc6&ttd with or working under Contractor, in direct or indirect
relation to the performance of the Work, the Owner and/or its Directors, Ofricers, Employees, Agents,
Consultants, and Engineers shall be held financially harmless and they shall be legally defended (with counsel
acceptable to the named party) by the Contractor from any claims for damages and they shall be reimbursed for
any reasonable costs incurred by them for lost time,expert assistance, and incidental expenses in connection with
their need to defend themselves against such claims, or to contribute time and expense in any other such way,
whether or not the suit or enforcement action proceeds to final judgment. This section shall apply and be
enforceable for the full time of any applicable statute of lirruCations.
7. Successors
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full
performance of all of the provisions herein contained. Contractor may not, either voluntarily or by action of law,
assign any obligation assumed by Contractor hereunder without the prior written consent of Owner,
IN WITNESS WHEREOF,the parties hereto have caused this contract to be executed the day and year first above written.
City of Redlands
MANCHA CORPORATIJON TO—w—n—erT
{Co act
4
By L't, z'
By
President
(Title)
AT
Corporate Seal
Cler il
"I C tart'
APPROVED AS TO FORM AIND EXECUTION
Counsel for Owner
By
Subscribed and sworn to before me
This 13th day of December 88
Z
otary Public in and for the
(Notary Seal)
State of California
C° J. KIM% AVDAL'
MARY Pr;
AL
9701 2