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HomeMy WebLinkAboutContracts & Agreements_12-1959e f' AGREEMENT THIS AGREEMENT, made and entered into this day of CL , 19,�, by and between the City of Redlands a city of the sixt class and a political subdivision of the State of California, hereinafter referred to as the "City", and Ace Pipeline Construction Company a a corporation organized and existing under the laws of the State of 9 a partnership consisting of C. A. Howell John F. Piper and J. M. Botkin9 or an individual trading as s of the City of Pomona , County of Los Angeles , State of California, hereinafter referred to as the "Contractor," WITNESSETHs That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. SCOPE OF WORKS The Contractor will furnish all materials and will perform all of the work for the followings installation of water system per Drawing No. D20026 in accordance with detailed specifications. 2. TIME OF COMPLETION: The work shall be completed within the time stipulated by the Contractor in the Bid Form. 3. THE CONTRACT _S_UMs The City will pay the Contractor in current funds for the quantities actually constructed and/or installed in accordance with the prices shorn in the Bid Form, 4- PROGRESS PAYMENTS: Monthly progress payments to be made in accordance with Section VII, Part I General Conditions, of the Specifications. The final payment of fifteen per cent (15%) for value of the work done under this contract, if unencumbered, shall be made thirty-five (35) days after the acceptance of the completed contract by the City. The acceptance will be made only by an action of the City Council of the City in session. The acceptance by the Contractor of said final payment shall con- stitute a waiver of all claims against the City arising under this contract. r 5- CONTRACT DOCUMENTS; The complete contract includes all of the Contract Documents set forth herein, to wit: The Notice to Contractors Inviting Sealed Proposals, Information for Bidders, Bid Form, this Agreement, Bid Bond, Performance Bond, Special Provisions, and Plans and Specifications and addenda thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written, CITY OF REDLANDS a politic subdivision of the State f California B Mayor 4a2,., L , Z7 '1Z 1 Contractor LAX t Official Title Business Address Contractor e s License No. CORPORATE CERTIFICATE I, , certify that I am the Secretary of the corporation named as Contractor in the foregoing Contract; that 9 who signed said contract on behalf of the Contractor was then of said Corporation; that said contract was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. (Corporate Seal) APPROVED AS TO FORM a r City Atto ney ATTESTs City Clerk and ex®offici Clerk of the City Counci KNOW ALL PEEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Redlands by Resolution 1 duly and regularly passed �i.z� the -- day ofi'r� 9 19 has awarded to .3 �� 1� , v 7, ct hereinafter designated as the "Principal," a contract for the installation of water trains in Mentone Boulevard and Sapphire Streets WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract, NOW, THEREFORE, we, the Principal and The Travelers Indemnity Company , as Surety, are held firmly bound unto the City of Redlands, hereinafter called the "Obligee", in the penal sum of w to ,t <.�_� °� Dollars 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, administra- tors, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above -bounded Principal his or its heirs, executors, administrators, successors, or assigns shell in all things stand to and abide by, and well and truly keep and perform, the covenants, conditions, and agreements in the said contract, and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract, or to the work or to the specifications. .IN WITNESS WHEREOF, four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed,by the Principal and Surety above named, on the _ 3 day of _ 171 i' t% r , 19 d Principal 46 TravelersIP e"mniiy Company Surety 1 Attorney-inifact State of California � ss. County of Los Angeles On this- i L 12day of f i'�`' ,� , 19 before me personally came Robert P. Deering to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to hint in accordance with the Sy -Laws of the said Corporation, and that he signed his name thereto by like authority. /1 J (Notary Public) My commission expires S-493 R£v. 2-53 PRINTED iN U.5,A, Public Works Bond — Labor and Material California The Travelers Indemnity Company Hartford, Connecticut (A STOCK COMPANY) KNOW ALL MEN BY THESE PRESENTS, That we,___..�.r.�-TIPEL�, CONS-�IIC .�0N_ CO-_____._ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- as Principal and THE TRAVELERS INDEMNITY COMPANY, a corporation, incorporated under the Laws of the State of Connecticut and authorized by the Laws of the State of California to execute bonds and undertakings as sole surety, as SURETY, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams or implements or machinery, for contributing to said work to be done, and all persons, who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company, or corporation, in the just and full sum of.74'_ " -- ..�8..$u=drEd and ------------ NoA00 DOLLARS, ($._13ip.1:_ ---------) for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such, that whereas the above bounden` PRINCIPAL has entered into a contract, dated ---------- AP.4-41 ---23 ------------- 19_59---, with the ---------------------------------------------------- --------------------------------------------------JG -- OF-.R,FMAIMS------------------ to do and perform the following work, to wit: Iwtallation of Water 11In IGc ntone Mvd. a.ad Swpphira Street. NOW, THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub -contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California designated as Title I, Division 5, Chapter 3 of the Government Code, and all amendments thereto, and shaII inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions of this act. SIGNED AND SEALED this -------------- 23----- WITNESS • Bond #759734 -------day of----------------- -------------------, A. D. 1959.--• .DICE PIPELINE CONS UCTION CO. -6 a-- ---- -- ------ ----- ----------------(SEAL) COMPANY, - --�� ----------------------------------------- -Fact Robert P. 5-598A REV. 10-57 PRINTED IN D.S.A. Attor.eYA.-Pact State of C al.if orni a County of Los Angeles ss. On this 13th day of Anril , 19-59—, before me personally came Robert P. Deering to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to hiM in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. f (Notary Public) My commission expires—Mz_Co_mmission Expires Nov. 29, i4b11f• 5-498 Rov. 2-53 PRINTED IN U.S.A.