HomeMy WebLinkAboutContracts & Agreements_3-1960uQi�TRACT AGREEMENT
THIS AGROMEYT, !^jade and eonclUded, in duplicate, this 2 th day of February, ,
1959, between the City of MOM, party of the first part, an
'Whittaker Electric Cam an ,
Contractor, party of the seconJ part.
ARTICLE I. WITNESSETH, that for and in consideration of the payments and agreements
hereinafter mentioned, to be made and perfornel by the aaid party of the first part,
and under the conditions aNpreEsed .in the bond, benring even date with these presents,
and hereunto annexed, the said party of the second :art agrees with the said party
of the first part, at his own proper cost and expense, to do all the Mork and furnish
all the :materials, except such are mentioned in the specifications to be Furnished
by said party of the first part, necessary to constrict and complete Ln a good, workman-
like and subMtantial manner, the: signalization of the intersection of Brookside Avenue
and Center Street in accorOnce with the special provisions therefor, and also in
accordance with the special provision3 therefor, and also in accordance with the
specifications entitled "State of CaliforMa, Department of Public Works, Division
of Highways, Standard arecifications, August, 1954, which said special provisions
and Standard Specifications are hereby specially referred to and by such reference
made a part hereof.
Said work to be done is shown upon plan included in "Brookside Avenue
and Center Street Signalization Project No. 1053" which said plan is
hereby made a part of this contract,
ARTICLE TI. And the said Contractor agrees to receive and accept the following
}prices as full compensation for furnishing all materials and doing all the work
contemplated and. Abraced in thin agreement; also for all loss or damage arising
out of the nature of the work aforesaid, or from the acts of the elements, or
from any unforeseen difficulties or obstructions which may arise or be encountered
in the prosecution of the work until its acceptance by the City of Redlands, and
for all 7isks of every description connected with the work; also for all expenses
incurred by or in consequence of the suspension of discontinuance of work and for
well and faithfully completing the work, and the whole thereof, in the manner and
according to the plans and epecificatione, and the requirements of the Engineer
under then, to wit:
Item Quantities Item With Unit Price Written In Words Unit Price Total
1 Lump Stun Furnish and install a traffic signal. Lump Sum Q 11, 886,00
system at the intersection of
Brookside Avenue and Center Street at
the lump sum of Eleven Thousand Ei ht
Ei Hund ed ht Six o ar9
an No cents
(g) Execution of Contract. The contract shall be signed by the successful bidder
and re u�, together the contract bonds, within ten (1.0) days, not including
Sundays, after the bidder has received notice that the contract has been awarded.
No proposal shall be considered binding upon the City until the execution of the
contract_
Failure to execute a contract and file acceptable bonds as provided herein within
ten (10) days, not including Sundays, after the bidder has received notice that
the contract has been awarded, shall be just cause for the annulment of the award
and the forfeiture of the proposal quantity.
(h) Return of Bidder's Guaranties. Within ten (10) days after the award of the
contracT,-Me CTV Mg17neer w1 return the proposal guaranties accompanying such
of the proposals which are not to be considered in making the award. All other
proposal guaranties will be held until the contract has been finally executed,
after which they will be returned to the respective bidders whose proposals they
accompany.
(i) Contract Bonds. The Contractor shall furnish two good and sufficient bonds.
Each of the saIX —bonds shall be executed in a sum equal to at least one-half of
the contract price. One of the said bonds shall guarantee the faithful performance
of the said contract by the Contractor; and the other of said bonds shall be fur-
nished as required by the terms of an act entitled:
"An act to secure the payment of the claims of persons employed by con-
tractors upon public works, and the claims of persons who furnish mater-
ials$ supplies, teams, implements, or machinery used or consumed by
such contractors in the performance of such works, and prescribing the
duties of certain public officers with respect thereto," approved
May 10, 1919, as amended.
Form of.bond required may be examined at the office of the City Engineer.
Whenever any surety or sureties on any such bonds, or on any bonds required by
law for the protection of the claims of laborers and material men, become
insufficient, or the City Engineer has cause to believe that such surety or
sureties have become insufficient, a demand in writing may be made of the
Contractor for such further bond or bonds or additional surety, not exceeding
that originally required, as is considered necessary, considering the extent
of the work remaining to be done. Thereafter no payioent shall be made upon
such contract to the Contractor or any assignee of the Contractor until such
further bond or bonds or additional surety has been furnished.
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ARTICLE III. The said party of the first part hereby promises and agrees with
the said Contractor to employ, and does hereby employ, the said Contractor to provide
the materials and to do the work according to the terms and conditions herein contained
and referred to, for the prices aforesaid, and hereby contracts to pay the same at
the time, in the manner and upon the conditions above set forth; and the said parties
for themselves, their heirs, executors, administrators$ successors and assigns, do
hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. It is further expressly agreed by and between the parties hereto
that should there be any conflict between the terms of this instrument and the bid
or proposal of said Contractor then this instrument shall control and nothing herein
shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the year and date first above written.
ATTEST:
y er, Cityo e' �4�r
APPROVED AS TO FORM:
City Attorneys City of Redlands
APPROVED:
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y eer y of Redlands
CITY OF REMANDS
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Mayor o, a City of Redlands
CONTRACTOR
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