HomeMy WebLinkAboutContracts & Agreements_13-1964DIVISION D
AGREEMENT
'THIS *.GRIT, made and entered into this day of - August - , 1964n
by and between the CITY OF REDII,ANDS<, CALIFORNIA, FIRST PARTf0 sometimes harei.nafter
called the Owner, and
- Fo E. BULLOCK, 11991 Crestview Yucaipa Cal
0FND PARTY-, sometimes hereinafter cared h; C tractoT
WITMiSE-`f€o That the parties hereto have rratual.ly covenanted and agreed, and b-
these presents deg covenant and Wee with each other as fol",Qw
to The complete Contract includes all of the Contract Documert+e�, to wit.'
The General Conditions of the Contract,) the Drawll�egs and Spe�ifi.cati.onre..
including Addenda Nos,, -1- (only)__, the Propos€O. of the Contra-PWr and It's
accep c.6 by the Cwner, this Agreement and all, modi,fivations and ame xkdwOuta
thereto A)LI Contract Documents are intended to cooperate € O that &ay work
called for in one: and not mentioned in the other,: or vice versa, is to
executed the same as if mentioned iT�, all the Coni<raat Documents,
2, The said Contractor agrees to narsi.sh all tood.sp equipment, apPsXa <, f°am s t':_ties,
transpor tation n labor and muteri.al. g other than materi a1 v if a hY o agreed to bra
furnished by the Owrer hereunder, necessary to perform and c=aWeta ik, a good and
workmanlike manner, the construction and completion of the Lire D6par` moot
S�ati.on No, 2, Redlands,) Californian as cared for and in the manner designated
in, and in strict conformity with this Agreement and with the Drsw,ri �gb kud
Specifications adopted by the Owner, dated w Jul 1Q
and which Drawings and Specifications are identified by the siguaturce of
the parties to this Agreements and are on file with the Owner, and are hereby
specifically referred to and made a part of this Agree -went, with like offecT,
if duly set forth herein.
3� It is uaderstooA and agreed that said tools, #quipmeut, atpparat , tacilit$ es R
transportation; laor and material shall be fum.ishad and said w rk performed and
compa.eted as required in said Drawings and Specifications =der the direction of
and subjecv� to the approval of the Architect and owner. Thy Architect shall have
the right to accept or reject materials or workmanship and: !�* determine wheh the
Contractor has complied with the condit- ors of the Contract,
., Ahe Owner agrees to gay and the Contraotor agee�s to accepte, is full psym m, f®r,
zhe work as outlined in the Drawings, Specifications and Aci evdra and in furl
accordance with the conditions as called for in the Bid PV"'P sal, the am ai
SixtymOne Thousand, Two Hundred Sixty -Eight and ---_-----NO DOLLARS
61Y268o00 -- �., which sum is to be paid acco7t°ding
D . I
1.
to the following schedule and sub jsct: to additioKs and deductt o a , f
as hereinafter provided
' -.- On or about the tenth :fay of the month next ft11cwing the commeneeme nt. of
the wv 'kv there shall. be paid said Contractor a Gam equal to zt nsty percent
AN) of the value of Ve work completed daring 0e3 preceding month and
thereafter on or about the Leath day of each aucc essi ve moatb as the work[
nrogoessee„ similar payments shall be made, equal to Dinet;y percent. (9 )
of the value of the work completed since commeacement of the work, less at?.
previous payments. Payment will be made on the basis of ce:rf Pied .reoue st
for pgyment which shall be submitted an the l.s.sa day of ealh norltW faymen.s
for additional: work or axtras, if any. under thie Contract, shall be made Q
Uke mEumer, The final payment, if anencumbered, or any pat there, +•neji
numbered, shalt be made thirty-five (35) days after the filing of the- Notice
of Completion by the Owner. Said payments shall be wade bz demands Nava :gin
the manner .required by la, accompanied by a .ertific:a.te signod by the
and approved by the Owner, stating that the work for which tisa�4i1t; i4�- demanded
has been performed in aocordance with the terms c f the Conorant and that the
asoamt stated in the avr-tiiicate Q duo under the terma of they Tart:xPct;-
tart'ial. Payment; on the Gontrart Price . ,she: i ;_,.at ba consi deled as An vaco?,ance
o t any part of the V*rk'
va S. yments hereunder may, at any time, be reduced or withheld Yy the
Owner if, in the opinion of the Architects the lontractoe is not diligently,
and efficiently eandeaav'or:ing to comply with the intent of We Con trust;;,
or if the: Contractor shall fail to pay for labor and matsri.a 7 usea cr.
the project, when suQh payments acoroe due;.
W The acceptance by the Contractor of the payment of the final ne taifica`a
shall. consti Out:e a w� i.ver of all claW against the Owner or arising
out of this Contract-.
No extra work shall be performed or change be m3da unless j_r p.ursua c€:
ci a ~"mitten Change Order from the O aer, stating that; the antra work v-,^
change is authorized and no claim for an addition to the Contract e.um
shall be valid tales.~ the extra work or change is so ordere&
1, The: Owner, of any time daring the progress of tie work, she:'.! have the
right to order alterations in, addWoza to, or devi.atloas cal oca.:.ssia.�
Mom the work contemplated by this Contract, and the sama shall 0 no
;say void they Gantra o, if such changes involve an increase or de:creane
in, the Contract a vount, the Change Order shalt sta:;e the spoant to be
added to or deducted from the Contract amount and shall alc'.: state the
additional time,, i.0 any, needed for the performance of the Nork; pr•o-
vf K& that any addition to or deduction from the Contract miount uhr,l l.
be determined by agt eement; and provided further that, where addition;
to the Contract amount cannot feasibly be determined, such auditions
shall be upon the basis of actual cost of la.box anal materia1ss nluu
fifteen percent (150) to coven the Cont:r°ac'torIz profit aqd vverheac.
eipansss for the oxtra vcrko Whenever the Contractor nip . ti:€ Ol+nex , fz;tl
to agree = the taount of credit or extra payno at. involved An a r.r soul,
Mage 06e 5, the amount shall be determined th.xtugh €; h _ gar�ng Wove
Board ot Prb•itrattoa in the wenne=r prov:ide3 in
o": a :I'. W9 ::ork le frL:.' L ,according to VeM. a .- 'i ,..w F_-
100 Payment for additional work or extras, if any s under this Contract
shall be made in accordance with the provisions of Article 5 hapeof°,.
The value of omissions, if any, from the Contract shall.. be deducted
from the remount of the Contract Price and the deductions shall be
made by the Owner from the payment first following the authorization
for aNd deduct::iau,,
Ilo The Contractor shall maintain such insurance as will protect him from
claims under Workmen's Compensation Mats and such %blic Liability
insurance as will protect him and the Owner from any claims for
damages for personal injury, including death., and damage to property,
including property of others„ which may arias from operatloias under
this Contract, whether such operations be by himself or by any sub-
c:oa ractor or anyone directly or indirectly employed by either of thew
Certificates of such Workmen's Compensation and Public Mabi:_ity
AsurKance shall be filed with the; Owner and shall be subject to his
approval, and the amounts of such insurance coverage shall be as follcws
Comprehensive General Public Liability, including Contractual and
Completed Operations protection, in an amount not; less t<h:arc
$200,000.00 for injuria s, including accidental death, to any one person,
and sub„ect to t3-i.f: same limit for each person, in an amount ,not less San
$300,000.00 oa account of one accidents and Property Damage and
Contingent Property Damage in an amoant not less thaa8 Atk7Q00,00.,
12, The Contractor shall require all sub -contractors engaged by him on the
wart, to maintain ouch insurance as will protect uuoh sub -contractors
from claims under Workmen's Compensation Act. and Public Liability.,
13, The Contractor agrees to save harmless and to indemnify the Owner from
ovezy claim or demand which may be made by reason of:
a, Any injury to person, or property sustained by the Contra for or by
any person, firm or corporation ewplDyed directly or indirectly bl€
hire upon or in connection with hin work, however caused; and
o Any injury to person or property sustained by any person, firm or
Morporationg caused by any act, neglect, default, or omission, V'
the Contractor or of any person, firm or corporatioax, dinec tly or
indirectly employed by him or in connection wish his worko whether
the said injuz°y or damage occur upon or add aount to the tome,, and t&
Contractor, at his owa cos;tg expense and risk shall c efor.d xiy zua3
all actions, suits, or other legal proceedings that may be brouUM.
or Hat:it:atted against the Owner on any such claim or damzwd„ and p&y
or satisfy any judgment that may be rendered against the Gwnar Lit
any such action, quit or legal proceedings or result t.hopeol,
14 Said Owner shall not, in any rnnnner, be a-aswerable or necoun t,abin for &u5,
loss or .image that shall or coy happen to said work, or any pnot or p;rt.-3
thereof, respectively, except and unless otherwise provided ir. .he
Specifications he-ein referred to; or to adjoining pr pei ty„ c•r^ • or ar .
of the materials or other things used or employed E_t]
cciinple L 3.ag the wo.-ko
i -Ile _',;:A �l' `; tvX' .shall YZikder no c? rf,:u w tegzc es �:;:1,�?'s �:...1.:3
the wri-;ten permission of the Owner,
15. It l..s understood and W,n'eed that if t:.ze Specifications here referred
to rare in conflict with any provision in the main portion of thiq
Contract, said provision in the main portion of this Contract shall
take precedence over sal.d Spec ifi.cati.onso
17:, If, ❑ the opinion of the Owner, the Contractor., at any timo during
the progress of said work, refuses or neglects to supply a sufficiency
of material and labor, or fails to perform any provision of this
CoW'ract, the Oincer shall have the poorer,, without prejudice to any
other remedy he may have, to provide materials and labor, or make
good such deficiencies after five (5) days notice, in gfrriting4, d,elivere t
,)r mailed to the Contractor at his last business or residenc:- address
on file with the Owner and to fina.sh said work by whatever met -hod the
Owner may deem expedient, and the cost and expense thereof sha".1. be
deducted from the Contract amount.
I& It is understood and agreed that the Owner shall have the right to
Occupy the building or use the improvement contemplated by thin
Contract Prior to the completion of the entire worts, and that such,
ocanpancy or use shall not operate as an acceptance of any part of the ,rosrk,
1$, Should any dispute arise respecting the true construction and mear:ing
of ziaiid Drawings or Specificati.ons4 said dispute shall be decided by
the said Architect whose decisions shall be subject to approval by the
Authorized. Representative of the Owner.
20-, :should the Contractor not agree to any such decision by the Architect
as approved by the Authorized Representative of the Owners or should
the Contractor and the Owner fail to agree on the vmoltmt of credit; or
extra payment involved in any Change Order for deviations or omissions
frora the works the point in question shall be settled through a hearing
before a Board of Arbitration; provided that written protest a.gains-�;
such lecisi.on shall have been filed in writing by the Contractor with
the Owner, prior to the performance of the work involved in, said
decision. The Board of Arbitration shall be composed of one member
selected by the Owner, and one by the Contractor, these two members to
ael.-c: - a third member; and the majority report of said Board of
ArbitA atioc, sworn to and filed in writing with the O;,nerq shall be
final and binding on both parties.
21, The time during which the Contractor is delayed in said work by the
unavailability of needed labor or materials when the fact of such
-unavailability is established to the satisfaction of the Owner, or
by the act'.w or neglect of the Owner, or his employes or those under
him by contract,, or otherwise, or by the acts of God which the
Contractor could not have reasonably foreseer). and provided for, or by
stormy and inclement weather which delays the work, or by any strikes
or like trouble among mechanics or laborers which delay the work,
shall be added :o the time for completion hereinafter provided, if
such delays are not caused by or the continuance of which is not due
to any fault or negligence on they part of the Contractor; but the
Owner shall not be liable for any damages on account of any such
del q 4 provided that any extension of time for the hereinbef ore
D - 4
*.cc 'ri v:: is : C'.;1 [ q.Ci =i �f1,, t, i.Fl �% t..V: tt'. C o ;ac to V i
9'he r-'H'1?r ad F':f:iYl.ded fiAr0er s.f'cat any rich I'equast stall W ;It ne 1. i t
tue Ar hitint within twenty (20) days from the close of tha p6ellu uqe1a;
22. The completion of the Contract will be accepted by the Owner ouly Wn the
entire Contract: i completed satisfactorily to the Archi.teci j and the Owner,
23, Precaution shall be exercised at all times for the protection of persons
(including employes) and propertyo The nafety provisions of appl.icabis law&
building and construction codes shall be observed.
4, The time limit tor the compiet.icn of said work is v hundred w"u t$ t=,
consecutive calendar days, commencing ten (10) days from and after the date
the Contractor is -instructed, in writing by the Owner, to proceed with the work,
25. ;'hirty-fi ye (35) lays after all work has been completed and accepted and a
Notice of Completion has beta filed, the Owner shall pay the Conlrac: to
sufficient monies to Yining the total payment to this total. Contract Price,
20 AN Kt:3?,.SS WAR DOF t the parties hereto have executed this Agreement the day
and year first above 4ritten.
CITY OF R_;DLANDS
A MUNICIPAL CORPORATIa)'v
l�1
�J `By
7)1
Contractor's License Q.
Bullock Construction Cam..._
_ Owner
Ofatl e
11991�Crestvive W. O. Bam 13)
Iuca#aq California
Bus es Ariciress .�
gORP.Ji ATE }iC+liTJ.FICAiF,
A —._ _ �� certify that I am the _ _
Secretary of the corporation named as Contractor in the foregoing Contract;
that _ p who signed said Contrast on behalf of
the Contractor was trlen _ _ of said Corporation,)
said said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is w0hin the scope of its corporate powers
Corporate :Sea! �
APPROVED Q TO r ORW� ATTEST e