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PUBLIC WORKS CONSTRUCTION CONTRACT <br /> This Public Works Construction contract ("Contract") made and entered into this 16th day of <br /> February, 2016, by and between the City of Redlands, a municipal corporation organized and <br /> existing under the laws of the State of California, (hereinafter "City"), and E.L. Engineering <br /> Corp. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to <br /> herein as a"Party" and, together, as the "Parties." <br /> In consideration of the mutual promises contained herein, City and Contractor agree as follows: <br /> 1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the <br /> following: A.K. SMILEY PUBLIC LIBRARY WATERPROOFING PROJECT, complete all <br /> items as required by the Contract Documents (as herein defined) and Specifications for City's <br /> A.K. SMILEY PUBLIC LIBRARY WATERPROOFING PROJECT, Project No. 43051. <br /> 2. THE CONTRACT SUM: City shall pay Contractor the sum of$30,943.00 as consideration for <br /> its performance of the Work in accordance with the terms and conditions set forth in the Contract <br /> Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit <br /> securities with an escrow agent as a substitute for retention of earnings requirement to be withheld <br /> by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. <br /> 3. TIME FOR COMPLETION: The Work shall be completed within 45 calendar days from and <br /> after the date of the delivery to Contractor of a written Notice to Proceed by City. <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$500 for each consecutive calendar day <br /> in excess of the specified time for completion of Work. <br /> Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is <br /> the estimated damage to City caused by the failure of the Contractor to complete the Work within <br /> the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and <br /> may be deducted from payments due Contractor if such delay occurs. <br /> 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth <br /> herein, to wit; Instructions to Bidders, Contractor's Proposal, Agreement, Performance Bond, <br /> Labor and Material Bond, Plans, General Conditions, General Requirements, Technical <br /> Specifications, and any addenda thereto. <br /> 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the <br /> terms or conditions of the Contract documents, the prevailing Party in such action, in addition to <br /> any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees <br /> for use of inhouse counsel by a Party. <br /> CD I <br />