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