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Onyx Paving Company, Inc., for 2025 citywide pavement repairs related to water utility repairs
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40-2025
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Contracts & Agreements_40-2025
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3/5/2025 12:14:30 PM
Creation date
3/5/2025 12:14:07 PM
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Contracts & Agreements
Subject
Public Works Construction Contract
Details
Onyx Paving Company, Inc., for 2025 citywide pavement repairs related to water utility repairs
Date
3/4/2025
Document Number
40-2025
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PUBLIC WORK CONSTRUCTION CONTRACT <br />This Public Work Construction contract ("Contract") is made and entered into this 4d' day of March, <br />2025, by and between the City of Redlands, a municipal corporation, organized and existing under the <br />laws of the State of California (hereinafter "City"), and Onyx Paving Company, Inc. (hereinafter <br />"Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, <br />together, as the "Parties." <br />In consideration of the mutual promises contained herein, City and Contractor agree as follows: <br />SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for <br />the following: 2025 Citywide Pavement Repair for Water Utilities, complete all items as required <br />by the Contract Documents (as herein defined) and Specifications for City's 2025 Citywide <br />Pavement Repair for Water Utilities, Project No. 20250114 (the "Work"). <br />2. CONTRACT SUM: City shall pay Contractor the sum of six hundred sixty-nine thousand <br />dollars ($669,000) as consideration for its performance of the Work in accordance with the terms <br />and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section <br />22300, Contractor has the option to deposit securities with an escrow agent as a substitute for <br />retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth <br />in Public Contract Code section 22300. <br />3. TIME FOR COMPLETION: The Work shall be completed within two hundred forty (240) <br />working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works <br />Construction "Greenbook" from and after the date of City's issuance of a Notice to Proceed to <br />Contractor. <br />4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed <br />will result in damages being sustained by City. Such damages are, and will continue to be, <br />impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or <br />have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for <br />each working day as defined in Section 1-2 of the Standard Specifications for Public Works <br />Construction "Greenbook" in excess of the specified time for completion of the Work. Execution <br />of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) <br />per day is the estimated damage to City caused by the failure of Contractor to complete the work <br />within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, <br />and may be deducted from payments due Contractor if such delay occurs. <br />5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice <br />Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance <br />Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, <br />and any addenda thereto (collectively, the "Contract Documents"). <br />6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or <br />conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in <br />addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, <br />including fees for use of in-house counsel by a Party. <br />7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three <br />hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and <br />1 <br />19cmo\Agreements\0nyx_Paving_Public_ Work Contract FY25-0034.docjm <br />
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