HomeMy WebLinkAboutContracts & Agreements_58-2010_CCv0001.pdf AGREEMENT
THIS AGREENIENT, made and entered into this 20`E' day of April. 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 TE Roberts, Inc. of the City of Tustin, COUTIty! Of
Orange. State of California., hereinafter referred to as the "Contractor".
WITNESSETII: 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 Nevada Street sewer trench repair, complete all items as required by the
Contract Documents and Specifications fior NEVADA STREET SEWER TREINCII REPAIR,
PROJECT No. 74301.
1 TIIE CONTRAG11' SUM: 551.579.00 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 Escro,v Agreement as set
forth in Public Contract Code section 22300.
TUNIF FOR COMPLETION: The Work under this Contract to be completed within t"ventv
(20) calendar days from and after the date of the '."'otice 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
-n of S500 to
the Cit,. wI. Or have withheld from monies due t. the sum, r 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 C,ontraCLor that S-500 per
day is the 111ininlUrn 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.
COMI-RACT DOCUMENTS: The complete Contract includes all of the Contract Documents
set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders. Proposals and Bid Dorm,
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. AT'I"OR-NEYS' FEES: In the event any lepl action is commenced to enforce or interpret the
terms or conditions of the Contract Documents. the prevallino 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 CJ.,AIMS: Claims by the Contractor in the amount
of 5375,000 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 Contracts ("ode (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, 11AGIBILITY OF CONI'IZAC'I'OIUSt.)'B("ON'I'R,A(,"l'OR: Contractor and anv
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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 c14-yible to work on this Project.
9. ASSIGNMENT OF AGREEMENT: No assionment by a party hereto of any rights or
interests Linder this agreement will be binding on another party without the written consent of
the party sought to be bound.
10. SUCCESSORS AND ASSIGNS: Cit,,,, and Contractor each binds itself its partners,
Successors. assions. 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 remain'11,10
provisions shall continue to be valid and binding upon City and Contractor.
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IN WITNESS WIIEREOF, the }parties hereto have executed this Agreement the day and ycar first
�,ritten above.
Cite of Redlands
(SEAL) (Owner)
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
City C lcrl:, City
Redlands
County of San Bernardino, California (SEAL)
r f`y
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Name of Contractor
Bv:
Signature of Authorised Agent
Title
Signature of Authoriz d Agent (if necessary)
Title
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Contractor`s l-icense No.
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