Calstate Construction - San Ysidro Park Rec. Building Remodel
SECTION 00500
AGREEMENT
SAN YSIDRO PARK RECREATION BUILDING REMODEL + ADDITION + SITE
IMPROVEMENTS
PROJECT NO. 12-PW-194
THIS AGREEMENT, made this b""'" day of JQ'4tA.o.ry! to\"to,
, by and between the City of Gilroy, hereinafter called the "City," and Calstate
::onstruction, Inc. hereinafter called the "Contractor."
WIT N E SSE T H:
WHEREAS, the City has caused the Contract Documents to be prepared
comprised of bidding and contract requirements and technical specifications and
drawings for the construction of the SAN YSIDRO PARK RECREATION BUILDING
REMODEL + ADDITION + SITE IMPROVEMENTS , Project NO.12-PW-194., as
described therein, and
WHEREAS, the Contractor has offered to perform the proposed work in
accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements of the parties herein contained and to be performed, the City and
Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated In the Contract
Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract
Documents within the time period required by Paragraph 00810-2.0, Time Allowed for
Completion, subject to extension as expressly provided in the Contract Documents.
San Ysidro Park Recreation Building Remodel + Addition + Site Improvements
Project No.12-PW-194.
SECTION 00500- 28
Article 3. Liquidated Damages.
The city and the contractor recognize that the city will suffer substantial damages
and significant financial loss as a result of the contractor's delays in performance
of the work described in the contract documents. The city and the contractor
hereby acknowledge and agree that the damages and financial loss sustained as
a result of any such delays in performance will be extremely difficult and
impractical to ascertain. Therefore, the city and contractor hereby agree that in
the event of such delays in performance, the city shall be entitled to
compensation by way of liquidated damages (and not penalty) for the detriment
resulting therefrom in accordance with paragraph 00700-6.5, liquidated damaaes,
of the contract documents. The city and the contractor further agree that the
amounts designated as liquidated damages are a reasonable estimate of the
city's damages and financial loss in the event of any such delays in performance
considering all of the circumstances existing as of the date of this agreement,
including the relationship of such amounts to the range of harm to the city which
reasonably could be anticipated as of the date of this agreement and the
expectation that proof of actual damages would be extremely difficult and
impractical.
By initialing this paragraph below, the parties hereto signify their approval and
conse~e terms of this article 3.
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City's Initials Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the
Contract Documents, the City shall pay the Contract Price set forth in the Contract
Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and
Contractor concerning the Work consist of this Agreement (Section 00500 of the
Contract Documents) and the following, all of which are hereby incorporated into this
Agreement by reference with the same force and effect as if set forth in full.
Invitation to Bid
Instructions to Bidders
San Ysidro Park Recreation Building Remodel + Addition + Site Improvements
Project No.12-PW-194.
SECTION 00500- 29
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications (Caltrans)
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Maintenance Bond
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090,
References, of the Contract Documents will have the meanings set forth in Section
01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or
interest in the Contract Documents without the prior written consent of the City, which
consent may be withheld by the City in its sole discretion. No assignment by the
Contractor of any rights, obligations, duties or responsibilities under or interests in the
Contract Documents will be binding on the City without the prior written consent of the
City (which consent may be withheld in City's sole discretion); and specifically but
without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, executed by the City, no assignment will release or
discharge the assignor from any liability, duty, obligation, or responsibility under the
Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure
to the benefit of the parties hereto and their respective successors and assigns.
Nothing contained in the Contract Documents shall in any way constitute a personal
obligation of or impose any personal liability on any employees, officers, directors,
San Ysidro Park Recreation Building Remodel + Addition + Site Improvements
Project No.12-PW-194.
SECTION 00500- 30
. .
. to
agents or representatives of the City or its successor and assigns.
In accordance with California Business and Professions Code Section 7030, the
Contractor is required by law to be licensed and regulated by the Contractors' State
License Board which has jurisdiction to investigate complaints against Contractors if a
complaint regarding a latent act or omission is filed within four years of the date of the
alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within 10 years of the date of the alleged violation. Any questions
concerning the Contractor may be referred to the Registrar, Contractors' State License
Board, P.O. Box 26000, Sacramento, California 95826.
== IN WI,TNESS WHEREOF, this agreement has been executed on this btL
day of ~_1()}\ua~,-ElJl2;
Calstate Construction, Inc.
Name of Contractor
~~
Signature of Contractor
-
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President
Approved as to Form:
Gilroy City Attorney's Office
Title of Signator
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City Attorn
ATTEST:
s.~t .
Igna ure '
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Title OfSi~
***END OF SECTION***
San Ysidro Park Recreation Building Remodel + Addition + Site Improvements
Project No.12-PW-194.
SECTION 00500- 31