HomeMy WebLinkAboutContracts & Agreements_4-1996_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of January, 19 96 , 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
Wyatt Construction
a partnership consisting of
or an individual trading as
of the City of San Bernardino 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:
1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the
work for the following:
Construction of the Church Street Masonry Wall project, complete, all as shown on
drawing, Contract Documents and Specification as specified, and made a part of Project No.
1-9679.
2. THE CONTRACT SUM: $24,378.12** in accordance with the terms and
conditions set forth in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within fifty (50) 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 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.
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.
CD 1
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
City of Redlands
(SEAL) (Owner)
kayor, City of Redlands,-County of
San Bernardino, California
ATTEST:
I-44A/w i
61t lq?k, City tf&edlands
"
Cou*of San Berna. fino, California
(SEAL)
of Contractor
By:
Signa tm-6 of Authot;.WAgent,//
U
Title
Signature of Authorized Agent (if necessary)
Title
Contractor's License No.
CD 2
Recorded in Official Records, County of
San Bernardino, Errol J. Mackzum, Recorder
No Fee
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO Doc No . 19960141907
2 - 1Bpm 04/24/96
Name Office of the City Clerk
City of Redlands
Street 205 20012359 02 11
Address P.O.Box 3005
City& Redlands-California 92373 _!_IZ_2 1 31 141 51--161 7 8 1 0
PG FEE APF CIMS PH CPYTCRT CPY'ADD NIM PEN PR PCOR
State
L Jev
5 6
NON ST LN SVY CIT CO TRANS TAX DA CHRG EXAM
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion, (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Redlands - Municipal Utilities Department
3. The full address of the owner is P.O. Box 3005
Redlands CA 92373
4. The nature of the interest or estate of the owner is; In fee.
(if other than fee,strike"in fee"and insert,for example,"purchaser under contract of pu chase,"or lessee"}
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on April 12, 1996 The work done was:
Church Street Well Masonry Wall, Project No. 1-9679
T The name of the contractor, if any, for such work of improvement was: Wyatt Construction
January 16, 1996
(if no contractor for work of improvement as a whole, insert"none".) (Date at Contract)
8. The property on which said work of improvement was completed is in the city of Redlands
County of San Bernardino, State of California, and is described as follows: Located in the City of Redlands, in the Santa
Ana River approximately 250 feet north of the north terminus of Church Street.
9. The Street address of said property is None
(If no street address has been officially assigned.insert'none".)
Dated: 1996
MIM—T7 Individual Owner
Elias Elhazin, Project Wanager
Signature of owner or corporate officer of owner names in paragraph 2 or his agent
VERIFICATION
1, the undersigned, say: I am the (.,,raa,yuni ,Ral Utilities Director the declarant of the foregoing notice of completion: I have read
T_
o7, anager or, A partner of,,1,Ccarer of,-to,)
said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 16 Redlands , California,
7 _
(D gLL) .,19 96 , at (City where signed.)
Gary Phe unicipal I sties Director
'
signature of he individual who swearing that the contents of the notice of
completion
orripletion are true,