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APPROVED BY <br />CITY C UNCIL <br />CONTRACT mater` <br />Item <br />THIS CONTRACT is made this 8th day of Januar , 2008, in the <br />County of San Bernardino, State of California, by and between the City of Colton, <br />hereinafter called City, and Vargas Structures Inc. , <br />hereinafter called Contractor. The City and the Contractor for the considerations stated <br />herein agree as follows: <br />ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the <br />time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility <br />services, and transportation to complete all of the Work required in strict compliance with <br />the Contract Documents as specified in Article 5 below for the following Project: <br />VETERAN'S PARK RESTROOM PROJECT <br />The Contractor and its surety shall be liable to the City for any damages arising as a <br />result of the Contractor's failure to comply with this obligation. <br />ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the <br />date stated in the City's Notice to Proceed. The Contractor shall complete all Work <br />required by the Contract Documents within ninety (90) calendar days from the <br />commencement date stated in the Notice to Proceed. By its signature hereunder, <br />Contractor agrees the time for completion set forth above is adequate and reasonable to <br />complete the Work. <br />ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full <br />compensation for the performance of the Contract, subject to any additions or deductions <br />as provided in the Contract Documents, and including all applicable taxes and costs, the <br />sum of Two Hundred Seventv One Thousand Seven Hundred and Sixtv Dollars <br />($ 271 760.00 Payment shall be made as set forth in the <br />General Conditions. <br />ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code <br />section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for <br />each and every calendar day of delay beyond the time prescribed in the Contract <br />Documents for finishing the Work, as Liquidated Damages and not as a penalty or <br />forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that <br />amount from any money due or that may become due the Contractor under the Contract. <br />This Article does not exclude recovery of other damages specified in the Contract <br />Documents. <br />ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract <br />Documents" include the following: <br />CONTRACT <br />