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Home My WebLink AboutC-1575CITY OF 1 1 A CALIFORNIA CITY COUNCIL ROBERT • AGREEMENT THIS AGREEMENT, made and executed this 20TH day of FEBRUARY , 19 98 , between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California 91007, (hereinafter referred to as "CITY ") and SHELDON MECHANICAL CORPORATION whose address is 8843 LANKERSHIM, SUN VALLEY hereinafter referred to as "CONTRACTOR ". RECITALS A. City has invited bids relative to the HVAC Preventive Maintenance and Service at Various City Facilities, seventeen (17) month contract (February 1, 1998 through June 30, 1999) with possibility of two (1) year extensions, based on performance. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: 1. For and in consideration of the payments and covenants hereinafter specified to be made and performed by City, Contractor shall perform and complete the following: HVAC PREVENTIVE MAINTENANCE AND SERVICE AT VARIOUS CITY FACILITIES SEVENTEEN (17) MONTH CONTRACT - #708 FEBRUARY 1, 1998 THROUGH JUNE 30, 1999 and to perform and complete the same in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own cost and expense all tools, equipment, labor, services, and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by the City) , and to do everything required by this contract, special provisions, technical specifications, construction plans, drawings and details, and all addenda issued by City to the foregoing prior to the opening of bids. 2. For furnishing all said materials and labor, services, tools, and equipment, and doing all work specified herein, also arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and 22 for well and faithfully completing the work in the manner specified in said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor on the unit price basis, the total price for the several items furnished pursuant to the specifications, as set forth in Contractor's bid heretofore filed by him and accepted by City, at the times and manner specified in the Contract Documents. 3. Contractor agrees to perform the work according to the terms of this Contract for price (s) named in the bid, and City agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said contract documents. 4. Subject to the provisions of this Contract, all terms, covenants, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 5. The Notice Inviting Bids, Information Required of Bidders, Contractor's Bid, Special Provisions, Technical Specifications, Construction Plans, Drawings and Details, and all addenda issued by City to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this contract by reference and are collectively referred to therein and herein as "Contract Documents." 6. Contractor shall be responsible for compliance with the Apprenticeable Occupations Regulations of Labor Code, Section 1777.5, including compliance by all subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA By Mayor (SEAL) ATTEST: amity Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR DON MEC AL CORPORATION B L SE ON PRESIDENT Title 23 Executed in Triplicate (3) Bond Number: 3SM 912 861 00 Premium Based on Final FAITHFUL PERFORMANCE BOND Premium: $465.00 (17 months) Contract Price 100% of contract Price KNOW ALL PERSONS BY THESE PRESENTS: That Sheldon Mechanical Corporation hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and American Motorists Insurance Company r� uurporazion auiy organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "CITY" in the sum of Twenty Nine Thousand, Five Hundred Sixty Three and no /100 Dollars ($ 29,563.00 ) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these p::esents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: HVAC PREVENTIVE MAINTENANCE AND SERVICE FOR VARIOUS CITY FACILITIES SEVENTEEN (17) MONTH CONTRACT - FEBRUARY 1, 1998 THROUGH JUNE 30, 1999 which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of Februa Sheldon Mechanical Corporation Prine'ip �!? STANLEY NISENSON PRESIDENT •: American Motorists Insurance Company Surety! By: KeAna D. Conrad, Attorney In Fact 24 State of California County of Los Angeles On before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER personally appeared KeAna D. Conrad NAME OF SIGNER ■ Personally known to me-OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the R zr instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. tkiri�at Syal Ht'f , t zl a —. WITNESS my hand and official seal. (SIGNAT RE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT ----------------------------------- NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE -emium Based on Final Contract LABOR AND MATERIEL BOND 3SM 912 861 00 Price (50% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That Sheldon Mechanical Corporation hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and American Motorists Insurance Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "CITY" in the sum of Twenty nine thousand, five hundred sixty three Dollars ($29,563.00 ), lawful money of the United States of America for the payment of which. sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: HVAC PREVENTIVE MAINTENANCE AND SERVICE FOR VARIOUS CITY FACILITIES SEVENTEEN (17) MONTH CONTRACT - FEBRUARY 1, 1998 THROUGH JUNE 30, 1999 which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 23rd day of February 98 19 Sheldon Mechanical Corporation Princ ipayl (SEA TANLEY NISENSON PRESIDENT American Motorists Insurance Company Surd op By: SEAL) KeAna D. Conrad, Attorney In Fact 25 ar"W4MIQW@M.Jb_� M State of California County of Los Angeles On 2 13 199 before me, C. Clarkson, Notary Public NAME, TITLE OF OFFICER personally appeared KeAna D. Conrad NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) [❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES a DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed ; ,�r,1- the same in his /her /their authorized capacity(ies), I�;�1;r!c _ c�;ll�lr, end that by his /her /their signature(s) on the �t$i s3ms� &sJFY`sStSrrus,.�S.+�,ri". Jtt F ra)da Instrument the person(s), or the entity upon L ,€3 @GaG?�q€J+n behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) [❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES a DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE