Contracts & Agreements_60-2018 - Laserfiche WebLink

Home Browse Search

PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") is made and entered into this 17th day of April, 2018, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California (hereinafter "City"), and Three Peaks Corp (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 SCOPE OF WORK Contractor shall furnish all materials and perform all of the work in accordance with the Contract Documents (as herein defined) for City's CITY OF REDLANDS SKATEPARK project 2 THE CONTRACT SUM. City shall pay Contractor the sum of one million twenty nine thousand one hundred fifty one dollars ($1,029,151) 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 one hundred eighty (180) 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 five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of 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 The "Contract Documents" include this Contract includes all of the following Documents Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Specifications, and any addenda thereto 6 ATTORNEYS' FEES In the event any 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, including fees for use of in-house counsel by a Party 1 1 \ca\dim\Agreements\Three Peaks Corp Contract Final.docx