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HomeMy WebLinkAboutContracts & Agreements_27-1989_CCv0001.pdf FORMAL CONTRACT THIS AGREEMENT, made and entered into this 2nd day of may 1989, by and between WEARDCO CONSTRUCTION CORPORATION 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 con- struction of the 1989 Dissolved Air Flotation Thickener No. 2 Project , Project No. 4-8910, in accordance with the Plans and Specifications therefor, pre- sented to the above City of Redlands, California as prepared by John Carollo Engineers. 2. That the City of Redlands, California will pay the Contractor pro- gress 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: Lump Sum Bid $ 631 500.00 Six Hundred Thirty One Thousand Hive Hundred Dollars and 00,'QO Cents 3/89 CD-1 F02990E1O 3. Contractor agrees to complete said work within 180 calendar days from the day following the issuance of the Notice to Proceed (or approved exten- sions 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 ( 1,000) 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 pre- vailing 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 1 . 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 Con- tract , 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 here- under, except as provided in the Labor Code of the State of California. That the Contractor shall conform to Article 3, Chapter 1 , Part 7 (Section 1810, et seq. ) of 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 31/89 CD-2 F02990E110 Twenty-Five (215) 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 re- quired by the Labor Code of the State of California. 10. The Contractor shall, prior to the execution of the Contract , fur- nish 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 perfor- mance 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, Specifica- tions, Proposal, Certificates and Affidavits, Payment Bond, Performance Bond, Plans, and Addenda if any, all as the term "Contract" is defined in the Speci- fications. 3/189 CD-3 FO2990E10 12. That no work, services, materials or equipment shall be performed or provided under this contract until a Notice to Proceed has been given to the Contractor by the Owner. IN WITNESS WHEREOF, the said Contractor and the City of Redlands, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. WFAROCO CONSTRUCTION CORP, CITY OF REDLANDS, CALIFORNIA Contractor Byj By Carole Beswick Mayor PETER J. FILANC SECUTARY-TREASURER ATTEST Title Deputy City Cierk FOR Lorrie Poyzer City Clerk 3/89 CD-4 FO2990E10