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AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of N
oveber2003, and
the City of Redlands, a Municipal Corporation, organized and exist ng,under tb he 1 wsetween of the
State of California, hereinafter referred to as the "City" and Pascal & Ludwig
Constructors, of
the City of Ontario, County of San Bernardino, State of California, hereinater referred to as
"Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named,
agree as follows:
I. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the
work for the following:
Construction of the Upgrades to the Henry Tate Surface Water Treatment Plant, complete all
as required by the Contract Documents and Specifications for UPGRADES TO THE
HENRY TATE SURFACE WATER TREATMENT PLANT, Project No. 4-0438.
2. THE CONTRACT SUM: $4,546,519 in accordance with the terms and conditions set forth
in the Contract Documents.
A. Pursuant to Section 22300 of the California Public Contract Code, Contractor has
the option to deposit securities with an Escrow Agent as a substitute for retention of
earnings requirement to be withheld by City pursuant to an Escrow Agreement as set
forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The work under this Contract to be completed within four
hundred fifty(450) calendar days from and after the date of the Notice to Proceed.
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. The Contractor shall pay
to the City, or have withheld from monies due it, the sum of $500 for each consecutive
calendar day in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by the City and Contractor that $500
per day is the minimum and actual damage caused by the failure of the Contractor to
complete the Work within the allowed time. Such sum is liquidated damages and shall not
be construed as a penalty, and 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, General Conditions, Special Conditions, Special Provisions and Specifications and
any addenda thereto.
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� 6• ATTORNEYS
# FEES: In the event any legal action is commenced to enforce or in
the terms or conditions of the contract documents, the prevailingparty
addition to any costs and other relief, shall be entitled to terpret
e in such action, s,
fees. recover its reasonable attorneys'
7. RESOLUTION OF CONSTRUCTION CLAIMS: CI
amount of $375,000.00 or less shall be made b aims by the Contractor in the
Pursuant to the provisions of Part 3, chapter 1, article 1.5 of the Public Contracts Contractor Code
necessary to substantiate the claim. Nothing in subdivision (a) of PubIi�ed Contract
Section 20104.2 shall extend the time limit or supersede the notice requirements
this case from filing claims d Contractor. cts Code
provided in
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR:
subcontractors agree to abide b Contractor and any
1ulic
California Labor Code sections 1777.1 and/or 17b7.7 andtcertor's Code section 6109 and
and are eligible to work on this project. fY that they are not debarred
9• ASSIGNMENT OF AGREEMENT:
No
interests under this agreement will be binding onganother ba a party hereto of any rights or
the party sought to be bound. p 'without the written consent of
10. SUCCESSORS AND ASSIGNS:
successors, assigns, and legal representa
City as din respect to all Contractor each binds itself, its partners,
obligations contained in the Contract Documents. covenants, agreements, and
11. SEVERABILITY: Any provision or part of the contract documents
unenforceable under any law or regulation shall be deemed stricken, and al
provisions shall continue to be valid and bindingupon held to be void or
P City and Contractor. I remaining
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M WITNESS WHEREOF, the parties hereto have executed
first written above. this Agreement the
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(SEA,) City of Redlands
(Owner)
By:
Mayor, City of Redlands, County of
ATTEST: San Bernardino, California
City erk, City e ands
County of San Bernardino, California
(SEAL)
PASCAL&LUDWIG CONSTRUCTORS
Name of Contractor
By:1Q"_
Signature of Authorized nt
PRESIDENT
Title
Signature ofAuthorized Agent(if necessary)
Title
373525
Contractor`s License No.
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