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THIS AGREEMENT, made and entered into this 2 "d day of January, 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 a partnership consisting of Viking Equipment
Corp. and J & G Industries, Inc.. a Joint Venture er-an indi; idual trading as of the City of Glendale,
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:
Demolition of the identified wastewater treatment facilities, complete all as required by the
Contract Documents and Specifications for the DEMOLITION OF IDENTIFIED 1952 &
1972 WASTEWATER TREATMENT FACILITIES, Project No. 2-0221.
2. THE CONTRACT SUM: $118,700 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 Escrow Agreement as set
forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The work under this Contract to be completed within ninety
(90) calendar days from and after the date of the Notice to Proceed. All work within the 1972
Wastewater Treatment Plant to be completed within sixty (60) 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 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 docurnents
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, General
Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto.
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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.
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.
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
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 remaining
provisions shall continue to be valid and binding upon City and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
(SEAL)
ATTEST:
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City of Redlands
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Mayor, City of Redlands, County of
San Bernardino, California
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Signature ofA
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Signature of Authorized Agent (if necessary)
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Contractor's License No.
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