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HomeMy WebLinkAboutContracts & Agreements_5-1960Agreement THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Redlands, a city of the sixth class and a political subdivision of the state of California, hereinafter referred to as the "City," and ARMCO DRAINAGE & METAL PRODUCTS, INC, a corporation organized and existing under the laws of the State of a partnership consisting of or an individual trading as of the City of State of California, hereinafter referred to as the "Contractor," County of WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the following: Manufacturing and delivery of water line materials as per biA of March 15, 1960. 2. TIME OF COMPLETION. The work shall be completed within the time stipulated by the Contractor in the Bid Form. 3. THE CONTRACT SUM: The City will pay the Contractor in current funds for the quantities actually constructed and/or installed in accordance with the prices shown in the Bid Form. 4. PROGRESS PAYMENTS: Monthly progress payments to be made in accordance with Section VII, Part I General Condi- tions, 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 constitute a waiver of all claims against the City arising under this contract. 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 REDLAN!DS CO INAG & METAL P NC. a political subdivision of the State of California Contractor �,,� ,ij(/ �, / B. EVAN S By Mayor DISTRICT MANAGER Official Title 6155 SOUTH MALT AVENUE LOS ANGELES 22, CALIFORNIA Business Address Contractor's License No. 95692 CORPORATE CERTIFICATE i 0. M. BERG certify that I am the SUPERVISOR OF OFFICE SALES --Secre+wr of the corpordrion named as Contractor in the foregoing Contract; that J. B. EVANS , who signed said contract an behalf of the Contractor was then DISTRICT MANAGER of said Corporation; that said contract was duly signed for and in behalf a sale! r tion by authority of its governing body and is within the scope of its corporate powers. /" (Corporate Seal) r WORVISOR, OFFICE SALES APPROVED AS TO FORM: ATTEST: City Attorney City Clerk and ex-officio Clerk of the City Council t PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Redlands by Resolution duly and regularly passed on the day of , lg , �—PRODUCTS,._- - - INC. as awarded o _.._._. � ,A,RMCO DRAINAGE AND A, .,.. hereinafter designated as the "Principal," a contract for the furnishing water line materials for 2,731 feet of 16" steel pipe, cement mortar lined, complete with fittings, per plans and specifications WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract in an amount equal to one hundred per cent (100%) of the contract price; the bond shall provide that if the Principal or his subcontractors, fail 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 thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable.attorney's fee, to be fixed by the court. ' NOW, THEREFORE, we, the Principal and MAR LAND CASUALTY COMPANY , as Surety, are held firmly bound unto C the City of Redlands, hereinafter called the "Obligee it in the penal sum of $14,143.85 - Fourteen Thousand, One Hundred Forty-Are&oliars and -Sights-Five _ _ Cents $ 14,143.85 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, 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 shall 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. lb MONDAY APR 18 196� 3 IN WITNESS WHEREOF, four (4) identical counterparts of this instru-ment, 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 1th day of APRIL , 19 60. GWJ jf STATE OF CALIFORNIA COUNTY OF LOS ANGELES ARMCG DRAINAGE & METAL_ PRQpV{',TS_,. INCH Principal By ss. f IB. EVANS strict Manager AND Surety On this ............ 1 �h........._........... day of...... ....AFRIL................................_..........in the year one thousand nine hundred LEO C • BEHRENS .a Notary Public in and for said Count), and State resid- and-.._S.................... before me...........-----.........._.. - .................... ry ing therein, duly commissioned and sworn, personally appeared_FRANC.E ... GRAY...................known to me to be the duly authorized Attorney -in -Fact of MARYLAND CASUALTY COMPANY, and the same person whose name is subscribed to the within instrument as the Attorney -in -Fact of said Cor- poration, and the said.... ''RANGES GRAY....... ............ acknowledged to me that he subscribed the name of the MARYLAND CASUALTY COMPANY as Surety, and his own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have her ht.o set my h d and affixed my official seal the day and year in this Certificate first abov writte " �1n Notary u lic in and for said Co linty and State. LEO C. BEHRI NS �IY Commis ion Frpiros Fe ruary My Commission Expires.................................................-