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THIS AGREEMENT, made and entered into this 31 s' day of October, 2002, by and between the City of <br />Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, <br />hereinafter referred to as the "City", and <br />r1f, <br />a partnership consisting of <br />*r an individual trading as <br />of the City of County of <br />State of California, hereinafter referred to as the "Contractor". <br />WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree <br />as follows: <br />1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for <br />the following: <br />To perform design and construction of the Texonia Park Renovations, complete, all as shown, <br />specified, and made a part of Contract No. 243230-6590/43005. <br />2. THE CONTRACT SUM OF. s 1 i 6 0oci <br />I <br />TIME FOR COMPLETION: The work shall be completed within one -hundred and twenty (120) <br />work days from and after the date of the Notice to Proceed. <br />CONTRACT DOCUMENTS: The complete Contract includes all of the contract documents set <br />forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, <br />Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, <br />and any Addenda thereto. <br />5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or <br />conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be <br />entitled to recovery of its reasonable attorney's fees. <br />6. DEFENSE OBLIGATION: The Contractor shall defend the City, its elected officials, officers, <br />agents, and employees from and against any and all claims, losses, damages, and causes of action, <br />including death, brought by any person or persons for or on account of any wrongful or negligent act <br />or omission of the Contractor, its employees or agents in connection with the performance of the <br />Contractor's obligation under this Contract. <br />7. INSURANCE: All policies of insurance required by this Contract shall name the City, its elected <br />officials, employees, and agents as additional insured, and such insurance shall be primary with respect <br />to such additional insured and non-contributing to any insurance or self-insurance maintained by the <br />additional insured. <br />