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HomeMy WebLinkAboutC-15550 �73d — 9d /1w I-0 � -iSSS ARCADIA UNIFIED SCHOOL DISTRICT 234 Campus Drive Arcadia, CA 91007 Bid Number 196 Reroofing of Arcadia City Hall, Arcadia Unified School District Office, Holly Avenue Elementary School, Dana Middle School, and the resealing of the City of Arcadia Maintenance Facility Opening Date: June 18, 1996 Time: 10:OOAM AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of July, 1996, by and between the City of Arcadia in the County of Los Angeles, State of California, and Thompson Roof Co., Inc. place of business at 2301 Curry Street, Long Beach, Ca. 90805 -3210, hereinafter called the Contractor. WITNESSETH that the City of Arcadia and the Contractor for considerations stated herein agree as follows: ARTICLE 1 - SCOPE OF WORK. The Contractor shall perform within the time stipulated in the contract as herein defined, and shall provide all labor, materials, tools, utility services, and transportation to complete in a workmanlike manner all of the work required in connection with the following titled project: Reroofing of Arcadia City Hall, 240 West Huntington Drive, Arcadia, Ca. 91006, and the resealing of the City of Arcadia Service Center Offices, 11800 Gold Ring Road, Arcadia, Ca. 91006 IT IS THE DUTY OF THE Contractor to complete the work covered by this contract in exact accordance with the approved plans, specifications and other contract documents as specified in Article 6 below. The Contractor shall be liable to the City of Arcadia for any damages arising as a result of a failure to fully comply with that obligation, and the Contractor shall not be excused with respect to any failure to so comply by any act or omission of the Architect, Engineer, Inspector, Office of the State Architect, or representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the contract documents. Such protest shall not be effective unless reduced to writing and filed with the district office within three working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the contract documents. ARTICLE 2 - TIME FOR COMPLETION. The work shall be commenced on the date stated in the City's notice to proceed, as provided in Section A of the Supplementary General and as specified therein, shall be completed within 60 calendar days from and after the date stated in such notice. Work not completed in conformance with the foregoing shall be subject to liquidated damages in the amount set forth in Section B of the Supplementary General Conditions. 47 ARTICLE 3 - CONTRACT PRICE. The City of Arcadia shall pay to the Contractor as full consideration for the faithful performance of the contract, 'otlub' ct to any additio deductions s provided in the contract documents, the sum of n -seven thousan� &ree nundre� fw_ P �� �PVPn and on i oo Dollars ($W,327.00, said sum being the total amount of the following amounts stipulated in the proposal. ARTICLE 4 - HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby indemnify and hold harmless the City of Arcadia, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, or expense, of any nature whatsoever, including attorney fees and costs, which may be incurred by reason of: a. Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft of property, or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with #"""' the work called for in this Agreement, except for liability resulting from the sole negligence or willful misconduct of the City of Arcadia, its officers, employees, agents or independent contractors who are directly employed by the City of Arcadia; and Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of the Contractor, or any person, firm, or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the City of Arcadia, arising out of, or in any way connected with the work covered by this agreement, whether said injury or damage occurs either on or off City property, if the liability arose from the negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contract. C. The Contractor, at his own expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the City of Arcadia, its officers, agents or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be AW rendered against the City, its officers, agents or employees in any action, suit or other proceedings as a result thereof. ARTICLE 5 - PROVISIONS REQUIRED BY LAW. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 48 ARTICLE 6 - COMPONENT PARTS OF THE CONTRACT. The Contract entered into by this Agreement consists of the following contract documents, all of which are component parts of the contract as if herein set out in full or attached hereto: Notice to Contractors Calling for Bids Information for Bidders Bid Form and Designation of Subcontractors Certification of Workers' Compensation Noncollusion Affidavit General Conditions and Supplementary General Conditions Bid Bond Agreement Performance Bond Payment Bond Specifications; Addenda Nos. , as issued Drawings All of the above -named contract documents are intended to be complementary. Work required by one of the above -named contract documents and not by others shall be done as if required by all. ARTICLE 7 - COMPLETION. Upon completion of the work and acceptance by the City if Arcadia, the City will issue a Notice of Completion. 49 IN WITNESS WHEREOF, this Agreement has been duly executed by the above -named parties, on the day and year first above written. CITY OF ARCADIA 4Kuhn OL arbara Mayor, City of Arcadia Date: APPROVED AS TO FORM: By Michael tI. Mil er Arcadia City Attorney CONTRACTOR: THOMPSON ROOF CO., INC. JACK C., REVO,-, PRESIJDENT By Date 18 JULY 96 Authorized Officers or Agents (CORPORATE SEAL) 50