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HomeMy WebLinkAboutContracts & Agreements_21-1988_CCv0001.pdf FORMAL CONTRACT THIS AGREEMENT, made and entered into this 22nd day of June 1988, by and between WEARDCO CONSTRUCTION CORP. hereinafter referred to as "Contractor", and the CITY OF REDLANDS, CALIFORNIA, hereinafter referred to as "Owner". WITNESSETH: That for and in consideration of the promises and agreements hereinafter made and exchanged, the Owner and the Contractor agree as follows: 1. That the Contractor will furnish all labor, materials, equipment, tools, transportation, services, appliances, and appurtenances for the construction of the 1988 Expansion - Project No. 4-8809 in accordance with the Plans and Specifications therefor, adopted by the City Council of the above City of Redlands, California as prepared by John Carollo Engineers. 2. That the City of Redlands, California will pay the Contractor progress payments and the final payment in accordance with the method set forth in the Specifications with warrants drawn on the appropriate fund or funds as required, according to the prices as bid and accepted, based upon the Plans, Specifications, and Addenda, as follows: Total Net Lump Sum Contract Price $4,324,800.00 in Figures Total Net Lump Sum Contract Price Four million, three hundred twenty in Words our tbousand, eight hundred-MoTT—ars and zero Cents 3. Contractor agrees to complete said work within 540 calendar days from the day following the issuance of the Notice to Proceed (or approved extensions thereof) , and to the entire satisfaction of the City of Redlands, California before final payment is made. 4. Time is of the essence on this Contract. 5. That pursuant to the provisions under LIQUIDATED DAMAGES in the GENERAL CONDITIONS of said Specifications, the City of Redlands will incur one thousand (1000) dollars in liquidated damages for every day of delay in the completion of the work. 6. That the Contractor will pay, and will require all subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, as contained in or referenced by the Specifications for this work. 7. That the Contractor shall forfeit to the City of Redlands, as a penalty, Twenty-Five (25) Dollars for each calendar day or portion thereof for each workman paid (either by him or any subcontractors under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 8. That in the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California, and it is agreed that the Contractor shall forfeit to the City of Redlands as a penalty the sum of Twenty-Five (25) Dollars for each workman employed in the execution of this Contract by the Contractor or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of said Article. 9. That the Contractor shall carry workmen's compensation insurance and require all subcontractors to carry workmen's compensation insurance as required by the Labor Code of the State of California. 10. The Contractor shall , prior to the execution of the Contract, furnish two bonds approved by the City of Redlands, one in the amount of One Hundred (100) Percent of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred (100) Percent of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City of Redlands. 11. This Formal Contract by reference includes the Notice Inviting Bids, Information for Bidders, General Conditions, Special Conditions, Specifications, Proposal , Certificates and Affidavits, Payment Bond, Performance Bond, Plans, and Addenda if any, all as the term "Contract" is defined in the Specifications. 12. Weardco submitted Aweli clarifier mechanism. Weardco has subsequently proposed to substitute clarifier mechanism manufactured by Eimco, which is one of the brands listed in the specifications. fr 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 Redlands, County of San Bernardino, California ATTEST: City Cle kt City &" a edlands County of San Bernardino, California (SEAL) VVEARDC0 CON33TRUCTIONCORP, Nam of r trac r f By: Signa t od Agent SECRETARY-TREASURER Title Signature of Authorized Agent (if necessary) Title ItJ Contractor's License No.