Laserfiche WebLink
AGREEMENT <br />THIS AGREEMENT, made and entered into this 5th day of November, 2002, by and between the City of <br />Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter <br />referred to as the "City", and H&H General Contractors. Inc. <br />of the City of San Bernardino, County of San Bernardino , <br />State of California, hereinafter referred to as the "Contractor". <br />WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: <br />1. SCOPE OF WORK: The contractor will furnish all materials and will perform all of the work for the <br />following: <br />Z> <br />To perform construction of California Street Traffic Signals and Street Improvements at Interstate 10 project, <br />Z�l <br />complete, all as shown, specified, and made a part of Contract No. 208' )00-7230141008. <br />2. THE CONTRACT SUM OF: $978,652.00 in accordance with the terms and conditions of the Contract <br />Documents. <br />Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit <br />securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City <br />pursuant to an Escrow Agreement. <br />TIME FOR COMPLETION: The work shall be completed within two -hundred (200) work days from and <br />after the date of the Notice to Proceed. <br />4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the time allowed will <br />result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and <br />extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it, the <br />sum of $1,000.00 for each consecutive calendar day in excess of the specified time for completion of work. <br />Execution of the Contract shall constitute agreement by the City and Contractor that $ 1.000.00 per day is the <br />minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed <br />time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from <br />payments due to the Contractor if such delay occurs. <br />5. CONTRACT DOCUMENTS: The complete contract includes all of the contract documents set forth herein, <br />to wit; Notice Inviting Proposals, Instructions, Proposal and Proposal Forms. Agreement, Performance Bond <br />Zn <br />Payment Bond, Plans and Specifications, Special Provisions, General Provisions, Technical Provisions. all <br />referenced drawings and specifications, and any Addenda thereto. <br />6. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions <br />of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its <br />reasonable attorney's fees. <br />7. DEFENSE OBLIGATION: The contractor shall defend, indemnify and hold harmless the City, its elected <br />officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of <br />action, including death, brought by any person or persons for or on account of any act or omission of the <br />contractor, its employees or agents <br />ents in connection with the performance of the contractor's obligation under this <br />contract. <br />Page 24 <br />