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PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 17th day of July, 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 Henkels & McCoy, Inc (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Parry" 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 labor and will perform all of the work for the following Demolition and excavation of trenches, loading debns/spoils into City provided dumpsters, installing conduit, backfilling trenches and covering with City provided concrete slurry, Contractor supplied hot mix asphalt, as required by the Contract Documents (as herein defined) and Specifications for City's State Street Trench/Conduit Installation Project No QOL05242018KG (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of fifty six thousand nine hundred twenty six dollars sixty three cents ($56,926 63) 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 required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3 TIMEFOR COMPLETION The Work shall be completed within Thirty (30) calendar days from and after the date of the delivery to Contractor of the 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 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 This Contract incorporates by reference the following Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents") 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, including fees for use of in-house counsel by a Party A I 1ca1djm\Agreements\Henkels & McCoy Public Works Contract docx ORIGINAL