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PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 18`11 day of July, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and MCC Pipeline, Inc (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the"Parties" In consideration of the mutual promises contained herein, City and Contractor agree as follows 1 SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the following HIGHLINE & CRAFTON AVENUE WATER PIPELINE REPLACEMENT PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HIGHLINE & CRAFTON AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT No. 71283. 2 THE CONTRACT SUM: City shall pay Contractor the sum of$1,417,987 35 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, 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 the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within 110 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of 51,000 for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that S 1,000 pei day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bored, Agreement, Performance Bond Laboi and Material Bond, Plans General Conditions General Requirements, Technical Specifications, and any addenda thereto C ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the tenors 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, including fees for use of in-house counsel by a Party CD I