HomeMy WebLinkAboutPublic Works Projects - 1996 Au.c" Contract No . 4509
COOPERATIVE AGREEMENT BETWEEN THE CITY• OF ARCADIA
AND THE ARCADIA UNIFIED SCHOOL DISTRICT
REGARDING PUBLIC WORKS PROJECTS
This Agreement by and between the City of Arcadia and the Arcadia Unified School
District is entered into this 22nd day of July, 1996.
WHEREAS, the City of Arcadia (hereinafter referred to as "City") and the Arcadia
Unified School District (hereinafter referred to as "District") have determined that certain
projects common to both entities can be accomplished at a significant cost savings to both
City and District if conducted as a joint project in terms of the bid and contract process, and;
WHEREAS, it is to the benefit of City and District to bid certain projects together in
order to realize economies of scale to the benefit of the taxpaying public, and;
WHEREAS, to conduct such referred to joint processing, the rights, responsibilities,
and liabilities of the City and District need to be established.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. JOINT PROJECT BIDS. No projects shall be bid as joint projects unless
approved as such by the Arcadia City Council and the Arcadia Unified School District
Governing Board based on economic factors for similar type projects.
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2. CITY/DISTRICT BID REQUIREMENTS. Neither this Agreement or any
project agreements entered into pursuant to this Agreement shall be inconsistent with any
City or District Bid and/or purchasing requirements, unless such requirements can be legally
waived and such waiver action is taken.
3. NON-RESPONSIBILITY OF CITY AND DISTRICT - Neither the City nor
District shall be responsible or liable to each other for the respective work applicable to each
entity. Each party shall be fully responsible for the contract provisions, documents, design,
plans, inspections, and any other matters applicable to that party's job. This section is not
intended to effect the rights and liabilities of the parties in relation to the selected cont actor
and contract documents applicable to a particular project. It is intended to assure th t the
City is not responsible to District for the work applicable to the Districts job(project) si e and
the District is not responsible to City for the work on the City's job (project) site.
4. HOLD HARMLESS/INDEMNITY. District shall hold harmless, defend and
indemnify City with regard to any claims, suits, damages, or liability that arises out of the
acts or omissions of District, District employees, and officials applicable to work done on
District projects pursuant to this Agreement. City shall hold harmless, defend,and indemnify
District with regard to any claims, suits, damages, or liability that arises out of the acts or
omissions of the City, City employees or officials applicable to work done on City projects
pursuant to this Agreement.
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5. INSURANCE. Each party to this Agreement shall cover the other party as an
additional insured on all comprehensive general liability coverage applicable to each-entity
and shall provide that the other party is covered on each party's self insured retention and
excess coverage for any joint contract that is entered into under authority of this Agreement.
6. TERMINATION. City or District may terminate this Agreement upon thirty
(30) days written notice to the other party.
7. CONTRACT/PAYMENT OBLIGATIONS: The District and City shall enter
into separate agreements with the selected bidder which contracts reflect the bid price f r that
portion of the job allocable to each entity. District and City shall be responsible for their own
payments and job responsibilities pursuant to their respective contracts. Neither shall be
responsible for the contract of the other.
8. COOPERATION. The parties to this Agreement shall cooperate to assure timely
preparation of bid documents satisfactory to both parties and consistent with legal
requirements. The purpose of this Agreement is to allow for cooperative joint bidding in
situations where it is economically beneficial to the District and City.
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CITY OF ARCADIA ARCADIA UNIFIED SCHOOL DISTRICT
•
401
By + ∎4I� By
Val . Wly C . EARL D A V I S
Name Name
Gf- 1' mo,:lPr ASST. SUPT. , BUSINESS SERVICES
Title Title I
ATTEST:
Xc)1 ,44\
ty Clerk
APPROVED AS TO FORM:
)/ 4%e-/
Michael H. Miller
City Attorney
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