HomeMy WebLinkAboutContracts & Agreements_61-1998_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of October, 19 98, by and between
the City of Redlands, a Municipal Corporation, organized and existing under the lav-vs of the State
of California, hereinafter referred to as the "City" and_Layne Christensen Company
a partnership consisting of
or an individual trading as
of the City of Fontana County of—San Bernardino State of
California,hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
L SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the
work for the following:
Drilling and construction of a municipal water well, complete, all as required by the Contract
Documents and Specifications for the AIRPORT WELL NO. 2, Project No.4-9981.
2. THE CONTRACT SUM: $2,36.800.00** in accordance with the terms and conditions set
forth in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within sixty (60) calendar days
from and after the date in 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 urithheld 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 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.
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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
pro-visions 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
(SEAL) City of Redlands
(owner)
A
N�
BY:
NA
Mayor. ity of Redlands, Couin of
ATTEST: San Bernardino, California
51
Deputy City Clerk, City of Redlan'4�)
County of San Bernardino, California (SEAL)
Layne Christensen comany
Name of Contractor
By:
Signature of Authorized Agent
General Manager
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License
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