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Contracts & Agreements_105A-2025
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Last modified
6/23/2025 2:11:10 PM
Creation date
6/23/2025 2:10:32 PM
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Contracts & Agreements
Subject
Public Works Construction Contract
Details
Mesa Energy Systems HVAC Replacement for Joslyn Senior Center
Date
5/6/2025
Document Number
105A-2025
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PUBLIC WORK CONSTRUCTION CONTRACT <br />This Public Work Construction contract ("Contract") is made and entered into this 6th day of May 2025, <br />by and between the City of Redlands, a municipal corporation, organized and existing under the laws of <br />the State of California (hereinafter "City'), and Mesa Energy Systems, Inc. (hereinafter "Contractor"). <br />City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the <br />"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 the <br />following: Joslyn Sr. Center HVAC Replacement, complete all items as required by the Contract <br />Documents (as herein defined) and Specifications for City's Joslyn Sr. Center HVAC Replacement <br />(the "Work"). <br />2. CONTRACT SUM: City shall pay Contractor the sum of One Hundred Eighty -Five Thousand <br />Eight Hundred Eighty -Four dollars ($185,884) as consideration for its performance of the Work in <br />accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public <br />Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent <br />as a substitute for retention of earnings required to be withheld by City pursuant to an escrow <br />agreement as set forth in Public Contract Code section 22300. <br />3. TIME FOR COMPLETION: The Work shall be completed within sixty (60) calendar days from <br />and after the date of City's issuance of a Notice to Proceed to 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 ($500.00) for each <br />consecutive calendar day in excess of the specified time for completion of the Work. Execution of <br />this Contract shall constitute agreement by City and Contractor that five hundred dollars ($ 500.00) <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 />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 />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 />IAcmo\Agreements\Mesa_Energy_Systems_FY25-0047.docx-jm <br />
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