Loading...
HomeMy WebLinkAboutC-1632AGREEMENT v "I� CONTRACT DOCUMENTS 30 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: 30" LONGDEN WATERLINE REPLACEMENT PROJECT W.O. 98 -8681 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 %) Certificate of Owner's Attorney Endorsements to Insurance Policy Acknowledgment of Surety Equals Workers' Compensation Insurance Certificate Liability Insurance Policy or Certificate Copy of State Contractors License Copy of City Business License 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 31 AGREEMENT - THIS AGREEMENT, made and executed this �-' day of itt L-`% , 19`�_, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California 91007, (hereinafter referred to as "CITY") and LF4iiHcZwcyo_ C ow15► ztGili e.3 i N whose address is lF /jy,_ 04s1 -AjZa foLuJ'ylh>,� hereinafter referred to as "CONTRACTOR" RECITALS A. City has invited bids relative to the installation of approximately 5,900 +/- lineal feet of 30" C.L.& C. steel or 30" class 200 ductile iron pipe, connections to existing system, valves, blow -off installations, copper service reconnections, pump -to -waste facilities, and all appurtenant work as shown on the plans and specified herein. 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: 30" LONGDEN WATERLINE REPLACEMENT PROJECT W.O. 98 -8681 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 :nor in consequence of the suspension or discontinuance of work, except 32 BONO ISSUED IN THREE ORIGINAL COUNTERPARTS BOND NUMBER: 2050 -13- 056895 PREMIUM: $15,550.00 FAITHFUL PERFORMANCE B PREMIUM IS PREDICATED ON 100% of contract Price) i HE FINAL R `°r.CT' PRICE ANT) KNOW ALL PERSONS BY THESE PRESENTS: IS SI,J44,'Ci, T,"(-) •..fl.jSTM)FNT That Leatherwood Construction Vic- hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and Employers Insurance of Wausau a Mutual Company , A corporation duiy organizecL ancl cLoing business under and by virEu—eof the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "CITY" in One Million Four Hundred Fifty Nine Thousand Seven the sum of Hundred Twenty Seven and 001100,ii Dollars ($ 1,459,727.00 ) Iawfui money or e United States or erica 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: 30" LONGDEN WATERLINE REPLACEMENT PROJECT W.O. 98 -8681 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 15th day of July 19 99 Leatherwood Construction jn9f. rinca.pa (SEAL) 34 Employers Insurance of Wausau a Mutual Surety rom pany By (SEAL) Kenneth A. Coate, Attorney inFact ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside ) On July 15, 1999 before me, Natalia L Martinez, Notary Public , Name and Title of Officer - e.g., "Jane Doe, Notary Public" personally appeared Kenneth A Coate, Attorney in Fact Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/-are subscribed to the within instrument and acknowledged to me that he /shy executed the same in his/4e44E4 authorized capacity(ieS), and that by his /hers /+� signature(s) on the instrument the person(-&), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary NATALIA L. MARTINEZ y COMM. #1152902 N _ NOTARY PUBLIC % CALIFORNIA se- RIVERSIDE COUiuTY 6 Aug. 24, 2001 fS My Comm. Expires --ggMM (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT: FAITHFUL PERFORMANCE BOND BOND ISSUED IN THREE ORIGINAL COUNTERPARTS BOND NUMBER: 2050 -13- 056895 PREMIUM: IS INCLUDED LABOR AND MATERIAL BOND (100% of contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That Leatherwood Construction ltJE, hereina ter re erre to as "CONTRACTOR" as PRINCIPAL, an Employers Insurance of Wausau a Mutual Company corporation cluiy organizecL anci doing business under and by vir ue 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 One Million Four Hundred Fifty Nine Thousand Seven Hundred Twenty Seven and 00 /100 Dollars ($ 1,459,727.00 iawtui money o e nited 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: 30" LONGDEN WATERLINE REPLACEMENT PROJECT W.O. 98 -8681 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 15th day of Jul Leatherwood Construction T --„iC. ri.ncipa By _''� SEAL 35 19 99 Employers Insurance of Wausau a Mutual Sure 4ompany By: S Kenneth A. Coate, Attorney injact ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside ) On July 15, 1999 before me, Natalia L Martinez, Notary Public , Name and Title of Officer - e.g., "Jane Doe, Notary Public" personally appeared Kenneth A Coate, Attorney in Fact Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(s) whose names) is4e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /4er#t & authorized capacity(ies), and that by his /heeir signature(&) on the instrument the person(a), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary NAALIA L. MARTINEZ COMM. #1152902 NVARY PUBLIC -CALIFORNIA to RIVERSIUB COUNTY Niy Comm. r.xRiros Aug. 24, 2001 (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT: LABOR AND MATERIAL BOND