HomeMy WebLinkAboutAgreement - McKim Corporation - FY25 Citywide Pavement Rehabilitation ProjectsEcfloN 00500
AGREEMENT
FY25 Citywide Pavement Rehabilitation Project
PROJECT NUMBER 25.PW.295
THIS AGREEMENT, made 16;s 16th day of June ,2025,
by and between the Citv of Gilrov, hereinafter called the "City," and McKim Corporation
hereinafter called the "Contractor."
WITNESSETH:
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 FY25 CITYWIDE PAVEMENT REHABILITATION
PROJECT, PROJECT NO. 25-PW-295, 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 mutua! 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
Comoletion, 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 substantial damages
Project No.25-PW-295 FY25 Citywide Pavement Rehabilitation Project SECTtON 00500-32
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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
accordancewithparagraph00700.6,5,@,ofthecontract
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
consent to the terms of this article 3.
City's lnitials
Article 4. Contract Price.
In consideration of the Contractors
Contract Documents, the City shall
Documents.
performance of the Work in accordance with the
pay the Contract Price set forth in the Contract
Article 5. Contract Documenfs.
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.
lnvitation to Bid
lnstructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
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Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications (Caltrans)
Tech nical 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 wil! 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, 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
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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.
lN WITNESS WHEREOF, this agreement has been executed on this
day of June 16 2025 .
ora.|-ton
Signature of City
City Administrator
Title of Signator
Approved as to form by
City Attorney
ATTEST:
Signature
lnterim City Clerk
Title of Signator
***END OF SECTION***
Name of Contractor
Signature
0{fir{. Assis+^, +
Project No.25-PW-295 FY25 Citywide Pavement Rehabilitation Project SECTTON 00500-35
Title of Signator
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