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HomeMy WebLinkAboutContracts & Agreements_91-2004_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 15TH day of June, 2004, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the"City", and THOMCO CONSTRUCTION fCTION, INC. a partnership consisting of or an individual trading as of the City of ANAHEIM County of ORANGE State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: I. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the following: To perform the construction of the Community Center Rehabilitation- Phase 111, complete, all as shown, specified, and made a part of Contract No. 243230-5110/43002. 2. THE CONTRACT SUM OF: $335,180.00 3. TIME FOR COMPLETION: The work shall be completed within one-hundred and twenty (120) work days from and after the date of the Notice to Proceed. 4. CONTRACT DOCUMENTS.- The complete Contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto. Federal Labor Standards (HUD 4010) apply to this project and are attached to this Contract. Note: all relevant documents contained in Attachment "D" under the bid package section entitled, "ECD Provisions", will be submitted to the City of Redlands prior to the preconstruction meeting. 5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 6. DEFENSE OBLIGATION: The Contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor, its employees or agents in connection with the performance of the Contractor's obligation under this Contract. Pg, I 7. INSURANCE: All policies of insurance required by this Contract shall name the City, its elected officials, employees, and agents as additional insured,and such insurance shall be primary with respect to such additional insured and non-contributing to any insurance or self-insurance maintained by the additional insured. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY'S SEAL By: FViayor, ity of REDL Co of San Bernardino, California ATTEST: City qerk, of City f LANDS 'y kd County of San B n.4a' Pino, California Name of Contractor CONTRACTOR'S SEAL By: Signature of Authorized Agent Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) Contractor's License No. F'g 2