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HomeMy WebLinkAboutContracts & Agreements_16-1960Agreement THIS AGREEMENT, made and entered into this�� day of 19j� 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 AFECO DRAINAGE & METAL PRODUCTS, INC. a corporation organized and existing under the laws of the State of Delaware a partnership consisting of r or an individual trading as of the City of Commerce County of - Los Alleles State of California, hereinafter referred to as the "Contractor," 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: furnishing miscellaneous steel pipe in accordance with the Detail Specifi- cations and General Specifications No. W-16. 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 6f 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 a political subdivision of the State f California tl }l Mayor t'.1NICO DRAINAGE &TOTAL PRODUCTS. INTO Contractor BY W. R. Kinsey Metropolitan Sales Engineer Official Title 6155 South Malt Ave. 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 Secretary of the corporation named as Contractor in the foregoing Contract; that_Vio R• Kinsey who signed said contract on behalf of the Contractor was then Metropolitan Sales Engineer _ of said Corporation; that said contract was duly signed for and in behalf o�aj'jgtion by authority of its governing bad and is within the scope of its corporate powers. / yy {Corporate Seal),. Berg S rvisor, Office APPROVED AS TO FORM: ATTEST: City Clerk d ex-officio ity Attorney Clerk of Pe City Counc' 1f 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Redlands by Resolution duly and regrlarly passed on the 4th day of October , 15L 60 , has awarded to hereinafter designatedrasnthe °Prin," a contract fo""_,.._ _H _ _ Metal . Products. _ c 'ipalfor the furnishing miscellaneous steel pipe in accordance with the Detail Specifi- cations and General Specifications No. W-16. i WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract in and amount equal to one hundred per cent (100%) of the contract price; the bond shal�,.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 exceed- ing the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorneys fee, to be fixed by the court. NOW, THEREFORE9 we, the Principal and HARMAND CASUArTY COMPANY as Surety, are held firmly bound unto the City of Redlands, hereinafter called the "Obligee", in the penal sum Of EIF a 2ERM TF.Q7S T'D TT:°. TTY NINE AND 60 1Q0 SA 02Q60Dollars and 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 severallys 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 a.nd.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 01.li.gee, its officers and agents, as therein stipulated, then this obligatio�._;qhall 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 thereunderq or the specifications accompanying the same, shall in any wise affect its obliga- tion on this bond, and it does hereby waive notice of any such change, or to the work or to the specifications. 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 named9 on the day of OCT : 19_62e A&CO DRAI1AGE �,_ METAL PRODUCTS,_ INC. Principal By �� R MARYLAND CASUALTY CMI PANY Surety BY T6 �= Attor'ey—in act FRANCES GFAY, 4 THE PREMIUM CHARGED FOR THIS BOND IS 0106.06. STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this ............ 1.1.th.............................day of .......... Qu.TOBE.R............ .......................... in the year one thousand nine hundred and......UXTY................................ before me LEO C. BEHRENS a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared FRANCES 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 Corporation, and the said FRANCES GRAY acknowledged to me that she subscribed the name of the MARYLAND CAS- UALTY COMPANY as Surety, and her own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed y official seal the day and year in this Certificate first above written. ... .... .... ..y.......... .................... Notar Pub ie in a for said County an State. My Commission Expires February 1, 1964