HomeMy WebLinkAboutContracts & Agreements_25-1988_CCv0001.pdf AGREEMENT
TH:S AGREEMEN made and entered into this 2nd day of August
1-988, by and between City cf- Redlands , herelnafte--
called Owner, and T- A- Rivard, Tnc,- , hereinafter
called Contractor .
WITNESSETAH, that the parties hereto do mutually agree as follows :
ARTICLE I : For and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by said
Owner, said Contractor agrees with said Owner to perform and
como].ete in a workmanlike manner all work required under the
Bidding Schedule(s )
of said owner 's Specifications entitled
Palm and Alvarado Water Main Project No. 3-8813
in accordance with the Specifications and Drawings therefor, to
furnish at his own expense all labor, materials, equipment,
tools, and services necessary therefor, except such materials,
equipment, and services as may be stipulated in- said
Specifications to be furnished by said Owner, and to do
everything required by this Agreement and the said Specifications
and Drawings .
ARTICLE II: For furnishing all said labor, materials, equipment,
tools, and services, furnishing and removing all plant, temporary
structures, tools, and equipment, and doing everything required
by this Agreement and the said Specifications and Drawings; also
for all loss and damage arising out of the nature of the work
aforesaid, or from the action of the elements, or from any
unforeseen difficulties which may arise during the prosecution of
the work until its acceptance by said Owner, and for all risks of
every description connected with the work; also for all expenses
resulting from the suspension or discontinuance of work, except
as in the said Specifications are expressly stipulated to be
borne by said Owner; and for completing the work in accordance
with the requirements of said Specifications and Drawings, said
Owner will pay and said Contractor shall receive, in full
compensation therefor, the price (s ) named in the abovementioned
Bidding Schedule (-,), and hereinaf-ter .
ARTICLE III : The owner hereby employs said Contractor to perform
the work according to the terms o-F this Agreement for the
abovementioned price ( s ) , and agrees to pay the same
Agreement F-1
at the time, in the manner, and upon the conditions stipulated
In the said Specifications; and the said parties for
themselves, their heirs, executors, administrators, successors,
and assigns, do hereby agree to the full performance of the
covenants herein contained ,
ARTICLE IV: The Notice Inviting Bids, Instructions to Bidders,
Proposal, information Required of Bidder, Specifications,
Drawings, and all addenda issued by the Owner with respect to
the foregoing prior to the opening of bids, are hereby
Incorporated in and made part of this Agreement.
ARTICLE V: Contractor states that is is aware of the
provisions of Section 37010 of the Labor Code, which require
every employer to be insured against liability for worker 's
compensation or to undertake self insurance in accordance with
provisions of that Code, and Contractor agrees to comply with
such provisions before commencing the performance of the Work
of this Contract.
ARTICLE VI : In the event suit is brought to enforce or
Interpret any part of this Contract, the prevailing party shall
be entitled to recover as an element of the costs of suit, and
not as damages, reimbursement of costs and reasonable
attorney's fees plus expenses ( including the cost and -expense
of Engineer and Owner 's representatives and experts and
investigators) to be fixed by the Court. The "prevailing
party" shall, be the party who is entitled to recover costs of
suit, whether or not the suit proceeds to final Judgment. A
party not entitled to recover costs shall not recover
attorney's fees. No sure for attorney's fees and expenses shall
be counted in calculating the amount of a Judgment for purposes
of determining *whether a party is entitled to recover costs or
attorney's fees and expenses .
ARTICLE VII : If the owner and/or its Officers, Agents,
Consultants, Employees, and Engineer are named, or are required
to testify, or contribute time and expense in any other way, in
any suit or enforcement action of any kind brought to recover
alleged damages or remedy alleged violations resulting from the
acts or omissions ( including negligent acts or omissions) in
connection with, or accidents arising from, the acts,
operations, and responsibilities of the Contractor or others
associated with or working under Contractor; or others to whom
the Contractor is responsible in direct or indirect relation to
the performance of the Contract work; the owner and/or its
Officers, Agents, Consultants, Employees, and Engineers shall
Agreement F-2
be held financially harmless and legally defended (with counsel
acceptable to the na.,aed party) by the Contractor from any and
all claims for damages and reimbursed for any reasonable costs
Incurred by these for lost time, expert assistance, and
Incidental expenses In connection with their need to
participate in defending themselves against such claims, or
contributing time and expense "in any other such way, whether or
not the suit or enforcement action proceeds to final Judgment.
This article shall apply and be enforceable for the full time
of any applicable statute of limitations.
ARTICLE VIII : The parties do for themselves, their heirs,
executors, administrators, successors, and assigns agree to the
full performance of all of the provisions herein contained .
Contractor may not, either voluntarily or by action of law,
assign any obligation assumed by Contractor hereunder without
the prior written consent of Omer .
ARTICLE IX: The Contract Stem: $337,933
( Fill In )
ARTICLE X: Time for Completion: The work to be completed
within '120 calendar days from and after the date
of the Notice to Proceed.
IN VITHESS VHBRBOF, the parties hereto have caused this
contract- to be executed the day and year first above written.
Corporate Seal
(Orme r)
ATTEST: Barbara C. Wormser
By: Mayor Pro Tem
(Title )
City Ierk ���
a
(C ntractor)
(Title )
Agreement F-3