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Home My WebLink AboutGolden Bay Construction - Monterey Streetscape Improvement Project - Project No. 00-CDD-524 SECTION 00500 AGREEMENT Monterey Streetscape Improvement Project Project No. OO-CDD-524 - Rebid No.2 THIS AGREEMENT, made this 22nd day of January and between the City of Gilrov , hereinafter called the "City," and Golden Bay Constr~~tn'Mter called the "Contractor." , 2001, by W ! TN E ~ ~ E T H: \VHEREAS, 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 Monterey Streetscape Improvements, Project No. OO-CDD-524 as described thereirL and \VHEREAS, 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. Article 3. Liquidated Damages. , THE OTY 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 Monterey Streetscape Improvement Project Project No. OO-CDD-524 Re-bid No.2 58 Section 0500 . '1 IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF A..l~ SUCH DELAYS IN PERFORMA.t~CE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELA YS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO ' COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENAL IT) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700-6.5, LIQUIDATED D~\1.-\GES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS UQl.TIDA TED 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 WIDeR REASONABLY COULD BE A.NTICIPA TED AS OF THE DATE OF TillS AGREEMENT A..ND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIAUNG TillS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF TillS ARTICLE 3. C~6J --g..w 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 all of the following attachments to this Agreement, 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 Bid Documents Designation of Subcontractors Monterey Streetscape Improvement Project Project No. 00-CDD-524 Re-bid No.2 Section 0500 59 , . Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical S pecmcations Drawings Federal Forms and Requirements Addenda, if any Executed Change Orders, if any 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 meetings 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 ofthe 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 Citys 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 I 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 ~ny employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is Monterey Streetscape Improvement Project Project No. OO-CDD-524 Re-bid No.2 60 Section 0500 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 patent 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 ~o the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. (signatures on next page) Monterey Streetscape Improvement Project Project No. OO-CDD-524 Re-bid No.2 61 Section 0500 ~ " . . . \' IN WITNESS WHEREOF, this agreement has been executed on this ~ ~ day of :So'\"\ \J C.... I"'v. , 200 I ..~ C'~o\~~V\. ~ C.:III\.:>\'n,,,.:1\o'" \wo.c... \ \ ~ame of Contractor City Administrator Title of Signator "\t \ u... -'X <f-'> \ ~ '" \ Title of Signator IST --'),"1;. 6t .vel-A"')' Pv b I,'t Signature ;!?Lf~ . '- )d~ . Signature IJcl+40j Pvh ((~. Title of Signator - , l----:~:~----l - -@ "'~=272' ~ Uu..k ! Notary Nlic - CaI!cnia ~ -;. i ,_~~~~~ t Title ofSi_ or Approved as to form: ~J2~ City Attorney ***E-:"TI OF SECTION*** Monterey Streetscape Improvement Project Project No. 00-CDD-524 Re-bid No.2 62 Section 0500 Qtitu of ~ilro~ COMMUNITY DEVELOPMENT DEPARTMENT Norman S. Allen, P.E., Director Planning Division Engineering Division Building, Life & Environmental Safety Division Housing & Community Development (408) 846-0440 (408) 846-0450 (408) 846-0430 (408) 846-0290 FAX (408) 846-0429 FAX (408) 846-0429 FAX (408) 846-0429 FAX (408) 846-0429 NOTICE TO PROCEED FE B 1 4 RFCTi TO: Golden Bay Construction, Inc. 582 Bragato Road San Carlos. CA 94070 Attn: Len Wigney DATE: 2/13/2001 PROJECT: Monterey Streetscape Improvement Project No. 00-CDD-524 Rebid#2 You are hereby given Notice to Proceed with the above-referenced project. The effective date ofthis Notice to Proceed shall be 2/3/2001. Please acknowledge acceptance of this notice as provided below, and return one copy to the City of Gilroy, Community Development Department, Engineering Division, 7351 Rosanna Street, Gilroy, California 95020. Owner: Community Development Department By: ~t; l. ~-- Kristi A. Abrams Title: Traffic Engineer Acceptance of Notice Receipt of this Notice to Proceed is hereby acknowledged by: this \ 4- "~day of ~ 'C-> \, 'r,^, c.."",\ By ~ v0~\ Title: \/,:t...f.., iv-c..s:: ~ , 2001. Sent Certified Mail 7351 Rosanna Street, Gilroy, CA 95020