HomeMy WebLinkAboutC-1582AGREEMENT
RACT DOCUMENTS
NOTICE TO PROCEED
TO:
FROM: MAINTENANCE SERVICES DIRECTOR
Notice is hereby given that you are authorized and directed to proceed
with the following project in accordance with the contract documents:
CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT
BETWEEN BALDWIN AVENUE AND HOLLY AVENUE
WORK ORDER 97 -690
FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS
AND WATERLINE REPLACEMENT AT STANFORD DRIVE
WORK ORDERS 97 -555 AND 97 -691
These documents have been received and are on file with the City Clerk
of the City of Arcadia:
DOCUMENT
The Agreement Fully Executed
Faithful Performance Bond (100.)
Labor and Material Bond (100.)
Endorsements to Insurance Policy
Acknowledgment of Surety
Workers' Compensation Insurance Certificate
Liability Insurance Policy or Certificate
Copy of State Contractors License
Copy of City Business License
Equals
A copy of the Award of Contract has been mailed by the City to the
California Division of Apprenticeship Standards, Department of Industrial
Relations.
Date
Maintenance Services Director
19
AGREEMENT
THjg AGREEMENT, made and executed this 16th day of June
between the City of Arcadia, whose address is 240 W. Huntington
DriVe, Arcadia, California 91007, (hereinafter referred to as "CITY ") and Engineered Plumbing, Inc. whose address is
180 W. Live Oak Ave., Arcadia, CA hereinafter referred to as "CONTRACTOR ".
RECITALS
City has invited bids relative to the Construction of Huntington Drive 12"
Waterline Replacement Between Baldwin Avenue and Holly Avenue Work Order
97 -690, Fire Hydrant Installation at Various Locations, and Waterline
Replacement at Stanford Drive Work Orders 97 -555 and 97 -691
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:
CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT
BETWEEN BALDWIN AVENUE AND HOLLY AVENUE
WORK ORDER 97 -690
FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS
AND WATERLINE REPLACEMENT AT STANFORD DRIVE
WORK ORDERS 97 -555 AND 97 -691
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 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 accRing to the terms of this
20
Contract for prices) 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.
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.
7. Contractor represents and affirms that it is not affected by any labor
dispute, work stoppage or strike; that the labor contracts of its
subcontractors are not scheduled to expire for the term of this Contract,
and that these Contracts contain "no strike" provisions. Contractor
agrees that should any labor dispute, work stoppage or strike affect it or
its subcontractors or any employees of same, Contractor shall continue to
perform according to the work schedule and shall not be executed from non-
performance and that the Contractor is subject to the Liquidated Damage
provisions of this Contract for such non - performance.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
the day and year first above written.
CITY OF ARCADIA
sy!l
Mayor
(SEAL)
ATTEST:
Cyity Clerk
r —
APPROVED AS TO FORM:
City Attorifey
21
CONTRACTOR
Title
FAITHFUL PERFORMANCE BOND
100% of Contract Price
KNOW ALL PERSONS BY THESE PRESENTS:
That Engineered Plumbing Incorporated
Bond No. CA 707225
EXECUTED IN DUPLICATE
hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and
Merchants Bonding 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 FOUR HUNDRED TWENTY SEVEN THOUSAND ONE HUNDRED SIXTY FIVE AND NO /100
Dollars ($ 427,165.00 * * ** ) 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:
CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT
BETWEEN BALDWIN AVENUE AND HOLLY AVENUE
WORK ORDER 97 -690
FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS
AND WATERLINE REPLACEMENT AT STANFORD DRIVE
WORK ORDERS 97 -555 AND 97 -691
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
26th day of May 19 98
Engineered Plumbing Incorporated Merchants Bonding Company
Principal
By:
SEAL)
22
Surety
By y� 2Z7, u
(SEAL)
Matthew Robert Dobyns,Attorney in Fact
ACKNOWLEDGMENT OF SURETY
State of California )
County of Orange )
On this 26th day of
ss
May
A. D. 1998
personally appeared Matthew Robert Dobyns
before me, a Notary (Notary, Judge, or other Officer) in and
for Orange County, State of California, known to me to
be the Merchants Bonding Company of the corporation that executed
the foregoing, instrument, and upon oath, did depose that he is the
Officer of said corporation as above designated; that he is
acquainted with the seal of said corporation and that the seal
affixed to said instrument is the corporate seal of said
corporation; that the signatures to said instrument were made by
officers of said corporation as indicated after said signatures;
and that the said corporation executed the said instrument freely
and voluntarily and for the uses and purposes herein mentioned
pursuant to its by -laws or a resolution of its Board of Directors.
(SEAL)
(Notary Public udge or of er officer)
1 3
C �q
3
a7.
fF i
LABOR AND MATERIAL BOND
(50% of Contract Price) Bond No. CA 707225
KNOW ALL PERSONS BY THESE PRESENTS: EXECUTED IN DUPLICATE
That Engineered Plumbing Incorporated
hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and
Merchants Bonding 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
TWO HUNDRED THIRTEEN THOUSAND FIVE HUNDRED EIGHTY TWO AND 50 /100Dollars
($213,582.50*********), 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:
CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT
BETWEEN BALDWIN AVENUE AND HOLLY AVENUE
WORK ORDER 97 -690
FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS
AND WATERLINE REPLACEMENT AT STANFORD DRIVE
WORK ORDERS 97 -555 AND 97 -691
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 CunLrauLUr Ur subcontractor in said ConLracL 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 _
26th day of
May
Engineered Plumbing Incorporated Merchants Bonding Company
Principal
By:.
SEAT;
23
19 98
Surety
(SEAL)
Matthew Robert Dobyns, Attorney in Fact
ACKNOWLEDGMENT OF SURETY
e of California
County of Orange
On this 26th day of
ss
May
, A. D.
personally appeared Matthew Robert Dobyns
1998
before me, a Notary (Notary, Judge, or other Officer) in and
for Orange County, State of California, known to me to
be the Merchants Bonding Company of the corporation that executed
the foregoing, instrument, and upon oath, did depose that he is the
Officer of said corporation as above designated; that he is
acquainted with the seal of said corporation and that the seal
affixed to said instrument is the corporate seal of said
corporation; that the signatures to said instrument were made by
officers of said corporation as indicated after said signatures;
and that the said corporation executed the said instrument freely
and voluntarily and for the uses and purposes herein mentioned
pursuant to its by -laws or a resolution of its Board of Directors.
(Notary Public, dge or c er Officer)
(SEAL)
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