Loading...
HomeMy WebLinkAbout00363C - HEDLEY BUILDERS INC VINEYARD PARKING LOT CP 95-16 • Hedley Builders Inc. Install 6 Light Pole Standards Vinyard Parking Lot-CP95-16 AGREEMENT ##369r, AGREEMENT CM Signed, 11 .14-95 n � THIS AGREEMENT made this / day of ���' h/•�.Z-L— in the year 19 by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and HEDLEY BUILDERS, INC. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -THE WORK The Contractor shall complete the Work as specified or indicated in the Contract Documents hereinafter set forth as follows: VINEYARD PARKING LOT CITY PROJECT NO. 95.18 The Work is generally described as follows: INSTALL 6 EACH LIGHT POLE STANDARDS PER CITY OF PALM SPRINGS SPECIFICATIONS AT THE VINEYARD PARKING LOT IN THE CITY OF PALM SPRINGS,AND ALL APPURTENANT WORK. ARTICLE 2 -COMMENCEMENT AND COMPLETION Thu Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and the Work shall bo fully completed within 10 calendar days following the date specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 6-6 of the Standard Specifications. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly,instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay(but not as a penalty)the Contractor shall pay the City the sum of *450.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds The Contract Price of $4,658. ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of the Proposal, This Agreement. Worker's Compensation Certificate, APWA Standard Specifications, Special Provisions,Special Plan SK-2, Site Plan,and all Change Orders, and Work Change Directives which may be delivered or issued after the Effective pate of the Agreement and are not attached hereto. ARTICLE 5 -PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with Section 9 of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents- sal'PI�KI AGREEMENT FORM arv'Peoi==rN...+.+ AGREEMENT AND BONDS - PAGE 1 Ware cf 5n,t ei,fol ARTICLE 6-NOTICES Whenever any provision of the Contract Documents requires the giving of written notice,it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7-MISCELLANEOUS Terms used in this Agreement which are defined in Section 1-2 of the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically but without limitation monies that may become duo and monies that are duo 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, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all Covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY: CITV OF PALM SP IN .CALIFORNIA municipal co rati n Cii� anager ATTEST: iry lark CONTRACTOR: APPROVED AS TO FORM: HEDLEY BUILDERS.INC. City AttbtFjpy w 8y Name: 'Mich elI Swanber Title: Sr. Pjolect Menage Y Address: 5010 Campus Drive, Suite 100 Newport Reach, CA 52660 AGREEMENT FORM City'Proi«r'No- AGREEMENT AND BONDS - PAGE 2