Agmt11 Robert F. Enz Construction, Inc.

Browse Search

VI. CONTRACT DOCUMENTS The Contract documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: A. Contract documents consist of the following Sections, including all changes, addenda and modifications thereto, as listed on Document 00010 (Table of Contents) and 00015 (List of Drawings, Tables and Schedules): Section 00430 Subcontractors List Form Section 00520 Agreement Section 00550 Notice to Proceed Section 00610 Faithful Performance Bond Section 00620 Payment Bond Section 00680 Escrow Agreement Section 00700 General Conditions Section 00800 Special Conditions Technical Specifications Listed in the Table of Contents Drawings Listed in the Table of Contents B. There are no Contract Documents other than those listed above in this Part VI. The geotechnical, existing conditions and other information supplied under Part 6.26 of Document 00700 (General Conditions) is not part of the Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). VII. MISCELLANEOUS A. It is understood and agreed that in no instance is any person, signing this Agreement for or on behalf of City or acting as an employee or representative of City, liable on this Contract, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of City is limited and confined to such liability as authorized or imposed by the Contract documents or applicable law. B. In entering into a public contract or a subcontract to supply goods, services or materials pursuant to a public contract, the Contractor or subcontractor irrevocably offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act, (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to the Contractor, without further acknowledgment by the parties. C. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of Califomia Department of Industrial Relations, are available on the City's website (www.redwoodcity.orq). D. This Contract shall be deemed to have been entered into in the County of San Mateo, and governed in all respects by California law (excluding conflicts of laws). Any action at law or in equity brought by either of the parties will be tried in a court of competent jurisdiction in the County of San Mateo, and the parties waive all other provisions of law providing for a change of venue in these proceedings to any other county. 3 SANITARY SEWER AND STORM REPLACEMENT PROJECT (MANZANITA ST., SHASTA ST., SPRUCE ST., HELLER ST. AND PINE ST.)