HomeMy WebLinkAboutContracts & Agreements_29A-2002_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this 5th I day of—March 20 02_-,by
and between the City of Redlands, a Municipal Corporation, organized and existing under
the laws of the State of California, hereinafter referred to as the "City" and a partnership
consisting Ecology Construction. Inc.—or an individual trading as
of the City of Canoga Park, County of Los Angeles State of California,
hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named,
agree as follows:
1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of
the work for the following:
Construction of Co-Generation Facility, complete all as required by the Contract
Documents and Specifications for the REDLANDS ELECTRICITY CO-
GENERATION FACILITY,Project No. 5-0237.
2. THE CONTRACT SUM: $ 784,311 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
one hundred twenty (120) calendar days from and after the date of the Notice to
Proceed.
4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the workwithin
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.
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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.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or
interpret the terms or conditions of the contract documents, the prevailing party in such
action, in addition to any costs and other relief, shall be entitled to recover its
reasonable attorneys' fees.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the
amount of$375,000.00 or less shall be made by Contractor and processed by the City
pursuant to the provisions of Part 3, chapter 1, article 1.5 of the Public Contracts Code
(commencing with Section 20104). All claims shall be in writing and include the
documents necessary to substantiate the claim. Nothing in subdivision (a) of Public
Contracts Code Section 20104.2 shall extend the time limit or supersede the notice
requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and any
subcontractors agree to abide by California Public Contractor's Code section 6109 and
California Labor Code sections 1777.1 and/or 1777.7 and certify that they are not
debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT:No assignment by a party hereto of any rights or
interests under this agreement will be binding on another party without the written
consent of the party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners,
successors,assigns,and legal representatives in respect to all covenants,agreements,and
obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
City of Redlands
(SEAL) (Owner)
By:
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
t
City C rk,City of _ 1 ds -- —
County of San Bernar ino, California (SEAL)
Name of actor
{
*9e of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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