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P UBLIC WORKS CONSTRUCTION CONTRACT <br /> This Public Works Construction contract ("Contract") made and entered into this 21" day of <br /> March, 2017, 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 El Camino Asphalt <br /> Paving Corporation (hereinafter "Contractor") City and Contractor are sometimes individually <br /> referred to 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 /> I SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the <br /> following 16117 CDBG ALLEY PAVING IMPROVEMENTS, complete all items as required <br /> by the Contract Documents (as herein defined) and Specifications for City's 16117 CDBG <br /> ALLEY PAVING IMPROVEMENTS, Project No. 43062. <br /> 2 THE CONTRACT SUM City shall pay Contractor the sum of$115,000 as consideration for its <br /> 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, Notice Inviting Bids, instructions to Bidders, Contractor's Proposal, Bid Bond, <br /> Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General <br /> Requirements, Technical 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 in-house counsel by a Party <br /> CD 1 <br />