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HomeMy WebLinkAboutContracts & Agreements_142-2002_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of September, 2002, 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 General Physics Corporation of the City of Escondido, County of San Diego, 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: To design, install and start-up the Redlands LNG/LONG Fueling Station, complete, all as shown, specified,and made a part of Contract No. 240300-7150/47007. 2. THE CONTRACT SUM OF: $.1.430,000.00 in accordance with the terms and conditions of the Contract Documents. 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. 3. TIME FOR COMPLETION: A fully operational LNG/LONG fueling station shall be delivered by May 15,2003. 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$1,000.00 for each consecutive calendar day in excess of the I specified led time for completion of work. Execution of the Contract shall constitute agreement by the City and Contractor that $1,000.00 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 to 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 Proposals, Instructions, Proposal and Proposal Forms, Agreement, Performance Bond, Payment Bond, Plans and Specifications, Special Provisions, General Provisions, Technical Provisions, all referenced drawings and specifications, and any Addenda thereto. 6. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. DEFENSE OBLIGATION: The contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages,and causes of action, including death,brought by any person or persons for or on account of any act or omission of the contractor, its employees or agents in connection with the performance of the contractor's obligation under this contract. 8. INSURANCE: All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials, employees, and agents as additional insureds. Any insurance required under this contract shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. IN WITNESS WUEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. BY: .76 Mayor,City of Redlands County of San Bernardino,California ATTEST: —,S.- Citv Clerkcity of Redwnfirs i County of San Bernardi oA,ealitbnua General Physics CoMoration Nf Contractor Sigtiature of Authorized Agent Executive Vice F�residi-nt Signatory's Title Signature of Authorized Agent (if necessar-y) Signatory's Title (if necessary) A-759845 Contractor's License No.