HomeMy WebLinkAboutContracts & Agreements_5-2010_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this day of January, 2010, 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 G.M. Sager
Construction, Inc. of the City of Pomona, 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 the City wide pavement repair, complete all as required by the Contract
Documents and Specifications for the FY 09/10 CITY WIDE PAVEMENT
REPAIR FOR WATER PROJECTS
2. THE CONTRACT SUM: $99.800 in accordance with the tem-is 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 the Public Contract Code, Section
22.300.
3. TIME FOR COMPLETION: The work- under this Contract is to be completed
within one hundred eighty (180) 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 the
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.
S. CONTRACT DOCUMENTS: The complete contract documents under this
Agreement includes all of the contract documents set forth herein, to wit. Notice
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Inviting Bids, Instructions to Bidders, Proposals and Bid Form, Bid Bond, Agreement,
Performance Bond, Labor and Material Bond, Plans, General Conditions, Special
Conditions, Special Provisions and Specifications any ny 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 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 Contract 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
Contract 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 Contract 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
obliaations 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
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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)
B Y: ;,��Ielz
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
A
City Clerk, City of Redlands
Countv,of San Bernardino, California (SEAL)
G.M. Sager Construction, Inc.
By: tl A, �ttj
Signature of Authorized Agent—
Title
Signature of Authorized Agent(if necessary)
Title
(co-inva- A%
Contractor's License No.
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