HomeMy WebLinkAboutPerma Green Hydroseeding - Forest Street Park and the Oaks Play Area at Las Animas Veterans Park Agreement Project No. 05-CDD-112
SECTION 00500
AGREEMENT
Project No. 05-CDD-112
Forest Street Park and the Oaks Play Area at Las Animas Veterans Park
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THIS AGREEMENT, made this /~., - day of 1/ CZt ,~, by
and between the City of Gilroy, hereinafter called the "City," and Perma- reen Hydroseedmg,
Inc., hereinafter called the "Contractor."
W!TNE~~ETH:
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 project 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.
Article 3. Liquidated Damages.
THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER
Project No. 05-CDD-112, Forest Street Park and the Oaks Play Area at Las Animas Veterans Park SECTION 00500-1
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 DAMAGES, OF THE CONTRACT
DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE
AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE
ESTIMA TE 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 EXPECT A TION THAT PROOF OF
ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL.
BY INITIALI HIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY
OVAL ND CONSENT TO THE TERMS OF THIS ARTICLE 3.
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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
Project No. 05-CDD-112, Forest Street Park and the Oaks Play Area at Las Animas Veterans Park SECTION 00500-2
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
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 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 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, agents or representatives of the City or its
Project No. 05-CDD-112, Forest Street Park and the Oaks Play Area at Las Animas Veterans Park SECTION 00500-3
successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is
required by.1aw 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'to the Registrar,
Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
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IN WITNESS WHEREOF, this agreement has been executed on this /6 day of
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Name of Contractor
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JAY BAKSA, CITY AIl>1INIS'l'RATOR
Title of Signator
Signature of Contractor
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Title of Signator
ATTEST:
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, Title of Sig ator
ATTEST:
Signature
Title of Signator
Project No. 05-CDD-112, Forest Street Park and the Oaks Play Area at Las Animas Veterans Park SECTION 00500-4