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HomeMy WebLinkAboutContracts & Agreements_1-1991_CCv0001.pdf CITY Of RZDLANDS, CALIFORNIA REES WELL GAC WATER TREATMENT SYSTFUNI A G R.E�£EZT T THIS AGREEMENT made as of the 15th day of January year 199,L by in the and between the C-, Ity Of Redlands, a M-Unicipal Corporation, organized and existing under the laws of the State Of California acting through its Municipal utilities Department hereinafter called OWNER and P. R. Burke* legal add-ass and principal place Of business at W;-t1l P 0 Box 3766 , Tustin CA 92680 P. R. Burke Industrial Cornoration called CONTRACTOR. OWNereinafft�-r 1and COCUNTRACTOR in'Consideration of the Mutual Covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. 1. 1 CONTRACTOR shall perform the Work as specified or indicated in the Rees Well GAC Water Treatment System project N1 1-9184 Contract Documents . The Work is as described SECTION 01010, SUMMARY OF WORI<. zibed in ARTICLE 2. ENGINEER. 2 . 1 The Project has been designed by McKEE INC. , 430 North Vineyard Avenue, Ontario, CA 91764-5495. 2 . 2 CAMP, DRESSER & MCKEE, INC. selected by Owner to act as ENGINEER in connectihas been on wit completion Of the Work in accordance with the Contracth Documents. ARTICLE 3 . CONTRACT TIME. The Contract Time shall be 130 Consec-utive Calendar Days commencing on the date of award by the City Council. 3 . 2 CONTRACTOR agrees that the Work shall be. Prosecuted regularly, diligently, and uninterrupted and at such rate of Progress as will insure full .I.Me stated above. r4- 4 -.1-thin the Contract Ti completion thereof w4thin agreed, by and between CON"_" -"- is expressly understood and RACTOR and OWNER, that the Contract, Time is reasonable for the completion Of the Work, taking * consideration the averacre c, 4 - - into �-maltic range and usual industrial conditions prevailing in tris- 1 locality. 00500-IL ARTICLE 4 . CONTRACT pp 4 . 1 OWNER W4 ' 1 Pay CONTRACTOR OWN -h -he Connt-ract Documents in current Work in accordance wit Pcr Performance Of -he funds at the Unit agreed upon in the CONTRAC_J�ORIS 'Proposal. ARTICLE 5. APPLICATIONS FOR PAYMENT'. 5. 1 CONTRACTOR shall submit- with .14 of th.' accordance wi APDlications for Payment in e Conditions Of the Con--' Applications for Payment W41 act. Provided in the Condit ' 1 be Processed by ENGINEER as "ions of the Contract. ARTICLE 6 . PROGRESS AND FZNAL pAyXF .NmS. 6. 1 OWNER will ,- make PrOqress payments on account Of the Contact. Price on the basil Payment as recommend Of CONTRACTOR's Appli- cations for ed by ENGINEER, monthly during construction y !on as Provided below. All Progress payments will on the basis of the progress 0.0 � I be 4. the Work measured by schedule of values Provided for in paragraph 14 . 1. the Conditions of the Contract. Of the Contract. OWNER will withhold retention until 45 days following the Notice of completion. 6.2 Prior to final inspection and Notice Of Completion, progress payments will be in an amount equal to Of the ' 90% value Of the Work completed, and 90t Of materials an equipment not incorporated in the Work but deliveredd and suitably stored, less, in each case, the aggregate y previously made. of payments 6. 3 Upon final inspection and acceptance Notice of Completion will be� filed wit O.L she Work, a f *. h CONTRAowR designating acceptance Of the Project. Within 45 days fol Notice Of Completion, OWNER shall releas� ng the CONTRACTOR. retainage due ARTICLE 7. LIQUIDATED DAMAGES. 7. 1 OWNER and CONTRACTOR recognize that time essence Of this Agreement and *-khat OWNER w-, , l is of the loss and other damages �­ Suffer financial if the Work is not completed within the Contract Time specified in A_-t4cle 3 above, extensions the Plus any thereof all 4,.n accordance w;,.-,-h the General Condi-4 AX-ticle 12 0­ ons. rr L They also recognize the delays, expense, and d-- icUlties 4-4 -­vO Ived in proving, 4 11 arbitration proceeding, the actual loss in a legal or the Work is not completedsuffered by OWNER if requiring any s on time. Accordingly, instead of such proof OWNER and CoNTRACTOR agree that as 00500-2 s liquidated damages for delat =' (but not as a Penalty) CONTRACTOR shall pay OWNER $1, 900 - 00 Per dad for eac delay until the Work is complete. h calendar day of 7 . 2 Provided, that CONTRACTOR shall not be char t. y liquidated damages or any excess cost when the delay gid wish completion of the Work is for reasons included in 12 . 2. of the General Conditions. paragraph 7. 3 Provided, further, OWNER the x`o ;,. that CONTRACTOR shall, furnish qui ed notifica ion of such delays in accordance With paragraph 22 . 1. of the General Conditions. ARTICLE 8 . ASSLIzANCE. 8 . 1 CONTRACTOR has familiarized himself wit �- and extent of the Contract Doc'.zments, Work h the nature all local conditions; and ceder , locality, and with ordinances, rules and regulations, ttin any mannerand locallmasJ affect cost, progress, or performance of the Work. Y 8.2 CONTRACTOR has studied carefully investigations and tests of subsurface and latentports physical conditions at the site or otherwise affecting cost or performance of the Work which were relied upon b Progress, in the preparation of the Drawingsp Y ENGINEER Which have been identified in Ar icZed4Specification Conditions. Supplementary 8 . 3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in the above paragraph as he deems necessary Of the Work at the Contract Price within therC the ntract�Timenand in accordance with the other Contract Documents; and no add��onandexam�nat�onsof the investigations, tests required by � report, or similar data a::e j or will be him for such purposes. 8 . 4 CONTRACTOR observations has cor:.elated the resold of all such and data w' �. ` exam�na�.jons, 'nvestigations, tests report-s, z�h the Documents. `e=ms and conditions of the Contrac:.- 8 . 5 CONTRACTOR has g '^ ENGINEER ; �. conflict,.. ---or, :Lven R wr_ �.en or, or dzscrepanc�r �. notice of any Contract DOc'Uments and th that he has discovered in the ENG1. is - e wry .en rasolution thereof by ac- %- L �.o CONTRACTOR. 8 . 6 CONTRACTOR agrees sufficient in scope that 4 the Contract Documents are and detail 4=0 " 'ndicata and convev 44544-" s understanding of all 'terms and conditions for performance of the Work. ARTICLE 9 - CONTRACT DOCUMENTS. 9 . 1 The contract Documents which comprise the contract ': and made a the following: part hereof and consist of attached hereto between OWNER and CONTRACTOR are at con Invitation To Bid. 9 . 1. 2 Instructions To Bidders. 9 . 1. 3 Bid Form. 9. 1. 4 This Agreement, 9 . 1. 5 Construction Performance Bond, EJCDC Document 1910-28A, 1984 edition, Construction Payment Bond, EJCDC Document 1910-28B, 1984 edition, and other required Bonds. 9 . 1. 6 Certificate of Insurance. 9.1. 7 General Conditions, EJCDC Document 1910-9, 1983 edition. 9. 1. 8 Supplementary Conditions Parts I and 11. 9. 1. 9 Specifications (as listed in Table of Contents) . 9 . 1. 10 Drawings, numbered 1 of 16 through 16 of 16 inclusive and dated December 17, 1990 , and additional drawing' SP-1 . 9 . 1 . 11 Addenda numbers 1 9. 1- 12 Any modification, including Change Orders, duly 6- delivered after execution of Agreement. ARTICLE lo. MISCELLANEOUS. 10. 1 Terms used in this is Agreement which are defined Article 1 of the Conditions' of the Contract shall have thein meanings assigned in the Conditions of the Contract. 10. 2 Neither OWNER nor CONTRACTOR shall , Prior written consent 0.,2, without the I. the other, assign or sublet in whole or in Part his interest under any of the Contract Documents; and specifically, but without li=4tat4 assign any monies due o �_ on, CONTRACTOR shall not no",-- r to become due without the prior 00500-4 ry w~'itten consent � '' o.. OWfiIER. ?' n case the Contractor assigns all or any part of any monies due or to become due under Contract, the instrument of assignment shall contain this substantially to the effect onLazn a clause Of the assignee in and to any hmonies due orto agreedit is that the right the Contractor shall be subject to become due to Persons, firms prior claims of all and corporations for services re materials supplied for the performance of ndecal or in this Contract. the Work called for 10` 3 OWNER and CONTRACTOR each ' binds himself, partners, successors his respect to all successors, covenants, ns, and legal representatives in in the Contract Documents. agreements and obligations contained 10. 4 The Contract Documents consti p agreement between OWNER and CONTRA tote the entire altered, amended, or repealed ae R and may only be and 12 of the Condition of the Contached by Articles 10, 21 ARTICLE 11. ATTORNEY'S FEES. 11. 1 In the event any action is commenced to enforce o interpret the terms or conditions of interpret this Agreement, r prevailing party shall, in addition to any stsor the her relief, be entitled to its reasonable attorney's fees. ARTICLE 12 . CLAYTON ACT. 12 . 1 By entering into this contract and an to supply goods, services, or material Y subcontract and agrees to assign to the City a7 s' the Contractor offers interest in and to all causes of actiongitfmaitle, and Section 4 of the Clayton Act , Y have under Cartright Act (Chapter 2 of part U. S.C. 15) or under the Business and Professions Code of Div_sion r of the goods, services, or materials. Th,ingrom such Purchases of assigmment and become effective at the time the City tendershall l made payment to +he contractor w��- o s final the parties. -mahout Zurther acknowledgement by 00500-5 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in quadruple. Two copies each have been delivered to OWNER, and one copy each to CONTRACTOR and ENGINEER. This Agreement shall become effective on January 151991 O i CONTRACTOR G. UE M RJYN BY Mayor of t--h (CORPORATE SEAL) Attast Att s 4 Addr� for g ng notices dr ss for giving notices City of Redlands, California Municipal Utilities Department 2 E. Citrus Avenue a Suite 203 P.O. Box 3005 Redlands, CA 92373 STATE OF CALIFORNIA COUNTY OF Orange Ise. On this 23rd day of January before me, the undersigned, a Notary Public In and for said State,; In the year t9 T , �� _ JR, personally appeared e U.J.PICARD ^� ft*w Office A personally known to me in (or proved to Me on the basis of satisfactory evidence)fo be the Person who executed the OMMCMW within Instrument on behalf of the Corporation therein nned,and acknowledged to a that the Corporation executed it. WITNESS my hand and official seal j 01wacufirs.�+c.rncrrar-c ««a►,` �'"' x- NotaryPublic in and for said State.