HomeMy WebLinkAboutContracts & Agreements_3-1962DIVISIO14 D
AGREM4ENT
THIS AGRr,FMINT, made and entered into this 5th _ day of o Ap211 m t
1962% by and between the CITY Or REDLANDS, CALIKRNIA, FIRST PARTY, sometime>3
hereinafter called the Owner, and CHARLES J. LAGRECO, DBA
CAL CONSTRUCTION COMPANY, of 224 SOUTH "I" STRE3T, SAN BERNARDINO, CALIFORNIA.
tr
SECOND FAR' T' sometimes hereinafter called the Contractor.
WITNESSETH- That the parties hereto have mutually covenanted and agreed,
and by these presents do covenant and agree with each other as follows
1,, The complete Contract includes all of the Contract Documents„ to wit;
The General Conditions of the Contract,, the Drawings and.Specifications,
Including Addenda Nos.. S.a� s.z the Proposal of the Contractor and its
acceptance by the Owner, this Agreement, and all modifications and
amendments thereto. All Contract Documents are intended to cooperate so
that any work called for in one and not mentioned in the ethers, or vice
versa, is to be executed the same as if mentioned in all Contract Documents.
20 The said Contractor agrees to furnish all tools, equipments'apparatus,,
facilities, transportations: labor and material, other iharc material, if
anyv agreed to be furnished by the Owner hereunder, necessary to perfoiz
and complete in a good and workmanlike manner, the construction of the
City Half. Annex, Redlands, California, as called for and in the manner
designated ih, and is strict; confo.;,nity with this Agreement, and with the
Drawings and ?pecificati.ons adopted by the Owner, dated
_ PebruarX a 116
an which Drawings and Specifications are identified by the signatures of
—
the parties to this Agreements, and are on file with the Owner, and are
hereby specifically referred to and made a part of this Agreement, with
like effect as it duly set forth herein.
3. It is understood and agreed that said tools, equipment;, appF�ratus, trans-
portati.on, facilities, labor and material shah, be furnished and said
work performed and completed as required in said Drawings and Speeificat.:_ons
under the direction of and subject to the approval of the Architect and
Owner. The Architect shall have the right to accept or reject materials
or workmanship, and to determine when the Contractor has complied with
the conditions of the Contract,
4� The owner agrees to pay and the Contractor agrees to accept'in full
payment for the work as outlined ;n the Drawings, Specifications and
Addenda and in fall accordance -ith the conditions as called for in ':he
Bid Proposal;,. the sure of. (including Base Hid No, I only)
Two Hundred Nihety-Eight Thousand - DOLLARS'
o_ $,. .;00 )sT which sum is to be paid according
D _>
to the following schedule and subject to additions and deductions, if any t,
as hereinafter provided
5r On or about the tenth day of the month next following the commencement of
the work, there shah, be paid said Contractor a sum equal, to ninety percent
(909) of the value of the work completed during the preceding month and
thereafter on or stout the tenth day of each successive month as We worts
progresses., similar payments shall be wade, equal to ninety percent (90%)
of the value of the work completed since commencement of the work, less all
previous payments. Payment will be made on the basis of certified request
for payment which shall be submitted on the last day of each month. Payments
for additional: stork or extras, if any,, under this Contract, shall be made in
Me manner. The final payment, if unencumbered, or any part thereof nnen-
cumbered, shall be made thirty"five 05) days after the filing of the Notice
of Completion by the Owner, Said payments shall be made by demands drawE in
the manner .required by lawp accompanied by a certificate signed by the ArtAitect
and approved by the Owner, stating that the work for which pant is demanded
has been performed in accordance with the terms of the Contract and that the
amount stated in the certificate is ague under the terms of the Contract.
Partial Payment: on the Contract Price sba_ l not be considered as an acceptance
of any part of thq yorko
60 Pyments hereunder many$ at any time, be reduced or withheld by the
Owher if, in the opinion of the Architect, the Contractor is not diligently
and efficiently endeavoring to comply with the intent of this Contract,
or i? the Contractor shall fall to pay for labor and material used oa
the project, when such payments become due,
The acceptance by the Contractor of the payment of the final certificate
shall constitute a waiver of all claims against the Owner or arising
cut of this Contract.
$c No extra. +Fork shall be perforated or change be mace unless in pursuance
of a written Change Order from the Owner, stating that the extra work or
change is authorized and no claim for an addition to the Contract sum
shall be valid unless the extra work or change is so ordered
90 The Owner, at any time during the progress of the work.;, shall have the
right to order alterations i-n, additions to, or deviations or omissions
From the work contemplated by this Lontraot, and the same shall in no
way 7oi.ed the Contract. If ouch chaxtges involve an increase or decrease
is W Contract amount, the Change Order shall, state the amount to be
added fie or deducted frGm the Contract ammouat and shall also state the
additional time, if any, needed for the perxormar_ce of the work; pro-
vided that any addition to or deduction from the Contract, amount Wall
be determined by agreement; and provided further that, where additions
to We Contract amount cannot feasibly be determined, such additions
shall be upon, the basis of actual cost of labor and materials, plus
fifteen percent (150) to cover the Contractor`s profit and overhead
expenses for the extra nark, Whenever the Contractor and the Owner fail
to agree on the amount of credit or extra payment involved in any such
Change Coders, the amount shall be dat;ermined through a hearinE before a
Board of Arbitration in the manner provided in Article 20 hereof. Any
change in the work shall be fuAl according to the original Drawings
and Gpecifica`i.one insofar as ;:.near uzy appil without, conflict to the
conditions involved in i.he whavga;,
IN Payannt for adc?i.tiar_a! rani or extras, if any, under this Contract
shall be made in accordance with the provisions of Article 5 bareof.
Ile value of omissions, if any, from the Contract shall be deducted
from the amount of the Contract Price and the deductions shall be
made by the Owner from the payment first following the authorization
for said deduction.
llo rhea Contractor shall maintain such insurance as will proUct him from
claims under Workmen's Compensation Acts and such Public Liability
insurance as will protect ixim and the Owner from any claims for
damages for personal injury„ including death, and damage to property,
including property of others, which may arise from operations under
.this Contract, whether such operations be by himself or br> any sub-
oontractoA or anyone directly or %directly employed by either of theca,,
Certificates of such Workmen°s Compensation and Publio Liability
Inzarance shall be filed with the Owner and shall be subject to his
approval, and the amotxaa.ts of such insurance oaverage; shall be as follows;
Comprehensive General Public Liability, including Contractual and
Completed Operations protection, in an amount not less than
5200r000.00 for injuriesq including accidental death, to any one person,
and subject to the same limit for each person, :in an amount not less thaza
S300000o00 on account of one accident, and Property Damage and
lontingent .Property Damage in an amnunt not less than 5100g000Q00,
12. The Contractor shall require all sub -contractors engaged by him on the
work to maintain such insurance as will protect such sub -contractors
from claims under Workmen's Compensation Acts and Fbblic Liability.
lb The Contractor agrees to sage harmless and to indemnify the O,er from
every claim or demand which may be spade by reason of g
ao Any injury to persaa or property sustained by the Contractor or by
any person, farm or corporation employed directly or ..indirectly by
him upon or in connection with his work, however causesag and
N Any injury to person or property sustained by any person, firm or
corporations, caused by any act, neglect, default, or omissi.ont of
the Contractor or of any person, firm or corporation, directly or
indirectly employed by hiss or in connection with his work, Abether
the said injury or damage occur upon or adjacent to the work, and tho
Contractor, at his own cost, expense and risk shall defend any and
ail, actions, suits, or other legal proceedings that may be brought
or instituted against the Owner on any such claim or demand, and pay
or satisfy any judgment that may be rendered against the Owner in
any such action, suit or legal proceedings or result thereof
14. Said. Mer shall not, in any manner, be answerAble or accountable for an;f
loss or damage that shall or may happen to said work., or any part or parks
thereof£ respectively, except and unless otherwise provided in the
Specifications herein .referred to; or to adjoining property, or for any
of the materials or other things used or employed in finishing and
completing the work.
A m 3
`. %e vont-rac too, shall ur der nc '3'! i cuwztEujc f- s ass2_gli t�'S1.3 Go G� aG v
without the written permjssi.crL o.f the Owmero
lbo It is understood and agreed that if the Speoifi;�aiions Aere referred
to are in conflict with any prox1sion in the ma:La portion of this
Contract, said provision in the main portion of this Contract shall
take precedence over said Specifications,
17. If, in the opinion or the Ovmer, the Contractor, at any time during
the progress of said work, refuses or neglects to supply a sufficiency
of material and labor, or fails to perform any provision of this
Contract, the Owner shall, hate the power, without prejudice to any
on her- remedy he may have,, to provide materials and lab,:,.,, or make
good such deficiencies after fine (_5) dogs notices ire t.^itings delivered
or mailed to the Contractor at his last bossiness or residence address
on file with the Owner aadi -to .fiplsh said work by whatever method the
Owner may deem expedisat and the cost and expense the.Meof shall be
deducted from the Contract amount,
l& It is understood and agreed that the Owner shall have the right to
occupy the building or use the improvement contemplated by this
Conti -act prior bo -the completion of the entire works and that such
occupancy or use: shall not operate as an acceptance of any part of the -,pork,,
19,, Should any dispute arise respecting the true constructiEan and meaning
of said Drawings or Specifications, said dispute shall be decided by
the said Architect whose decisions :hall be subject to approval by the
Authorized Representative of the 0%, ex,,
20. Should the Contractor not agree to any such decision by the Architect
as approved by the Authorized Representative of the Owner, or should
the Contractor and the Owner fail to agree on the amount of credit or
extra payment involved in any Chsnge Order for deviations or omissions
from the work, the point in question shall be settled through a hearing
before a Board of Arbitration; provided that writHen protest against
such decision shah, have been. filed :Li writing by the Contractor With
the Ornery prior to the performance of the work involved in said
decis:a.ono The Board of Arbitration shall be composed o. oone member
seleeted by the Owner, and one by the Contractors these two members to
select a third member, and the majority report of said Board of
Rrbi.tration, sworn to and filed in writing with the Owners, shall be
final and binding on, both parties
21c The time during which the Contractor Is delayed in said work by the
unavailability of needed labor or materials whe)z 'the fact of such
unavailability is established to the satisfaction of the Owmer, or
by the acts or neglect of the Owner, or his employes or those under
him by Contract, or otherwise, or by the acts of God which the
Contractor could not have reasonably foreseen and provided kor, or by
stormy and i.nclerAent weather wbi ch delays the wrork, or by any strikes
or like trouble among mechanics or laborers which delay the work,
shall be added to the time for completion hereinafter provided;, if
such delays are riot caused by or the continuance of which is not due
to any fault or negligence on the part of the Contractor-, but the
Owner shall not be liable for any damages on account of any such
delWf; provided that any extension of time for the here nbefore
0 = 4-
menrAwaso �C.i�i:'a_we ,a(s.d. .r Ole Owner oYig when 3 3EOleSlac
such extension is matte in writing by the Contractor on a form provided by
the Owner; and provided further- that any such request shall be presented to
the Architect within twenty (20) days from the close of the period of delay..
22o The completion of the Contract: will be accepted by the Owner only when the
entire Contract is completed satisfactorily to the Architect; and the Owner,
23, Precaution shall be exein sec' at all times for the protection of persons
including employes) and property. The safety provisions of applicable lawo3
building and construction codes shall be observed.
24. The time limit for the oomplet:ion of said work is two hundred seventy (1270)
conseciativ€; calendar days, commencing tern (10) clays from and after the date
the Contractor is instructed, in writhag by the Owners to proceed with the work,
25, Thirty-five (35) days after all work has been completed and accepted and a
Notice of Co_frp=i et;i«on has been fi.lec o the Owner shall patty the Contractor
sufficient monies to bring the total payment to the total. Contract Price,
0, IN WITNESS KEPSOF, the parties hereto have executed this Agreement the day
and year first above written.
CITY OF REDLANDS
A MUFICI2AL tCOP..POP N
By
Y
CAL CONSTRUCTION COMPANY
r sCon.r c4or
eeco, Owner
Official. Title
224 South "I" Street, P. O. Box 481
San Bernardino, California
Business Address
Contractor's Ideense No,, 126 197 B1 SA
CORPORATE CERTIFICATE
19 s certify that I am the _
Secretary of the corporation named as Contiactor in the foregoing Contract;
that _ _ --- w e signed said Contract on behalf of
the Contractor ;gas then of said Corporationo
said said contract was duly signed for and in behrall of said Corporation by
authority of Q8 governing body and is within the scope of its corporate powers,
11 Corporate seal )
AP2ROV D AS TO FORM'
City Clerk.
Cityty Attorney � �F
D - 5
CONTRACT BOND 88 23 21
CALIFORNIA Bond No.________'_--__-._...-----.
LABOR AND MATERIAL
PUBLIC WORK
INSURANCE COMPANY
of Glens Falls, New York
KNOW ALL MEN BY THESE PRESENTS:
That we, -.-__-.__ Charles_ .7. Lagreco DBA__Cal__Constructi,on__Company_______________________ as Principal,
and the Glens Falls Insurance Company, a corporation organized and existing under the laws of the State of
New York and authorized to transact surety business in the State of California, as Surety, are held and
firmly bound unto the State of California for the use and benefit of the State Treasurer as ex-officio treas-
urer and custodian of the Unemployment Fund and any and all materialmen, persons, companies or corpo-
rations furnishing materials, provisions, provender or other supplies used in, upon, for or about the per-
formance 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 or
contributing to said work to be done, and all persons performing work or labor upon the same and all per-
sons supplying both work and materials as aforesaid, in the
SUM of Two Hundred Ninety "Eight Thousand and No/100 Dollars, ($298,000.00 )
lawful money of the United States of America, for the payment whereof well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
Signed, sealed with our seals and dated this 5tb day of April
, 19 62
The Condition of the foregoing obligation is such that, whereas the above -bounden Principal has
entered into a contract, dated April 5 ,19 62 ,with City of Redlands, California
to do and perform the following work, to -wit:
For the construction of the City Hall Annex, Redlands, California, in
accordance with plans and specifications.
Now, Therefore, if the above -bounden Principal, or his sub -contractor, fails to pay
for any materials, provisions, provender or other supplies or teams, used in, upon, for or about the per-
formance of the work contracted to be done under said contract, or for any work or Iabor 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, to be fixed by the Court and to be
taxed as costs and to be included in the judgment therein rendered; Provided that this bond is filed by the
Principal to comply with the provisions of sections 4200 to 4208, inclusive, of the Government Code of the
State of California and liability hereunder is subject to the provisions of said section and acts amendatory
thereof, and sections of other codes of the State of California referred to therein and acts amendatory
thereof.
Approved this ............ day of ------------------------------- 19
By-------------_-.............. ---------------------------------------------- --------
X- ----------------------------
...X_R________________ __-------- .--____-_---_--.-____-_-_--_-_---_---_-_-_--
GLENS FAL IN RANCE COMPANY
Premium included in
Performance Bond
rORM 1076 CIU_.
BY Attorney
------------------------------
L . ORGArT �
�opNIA On this -----------da o A ri 1
Sate Of �,�L��" 1' f--.....1?..--•--------------------------------•m. the year
ss. One Thousand Nine Hundred and .... s.zxty --- two ---------------- ---before in,
Bernardin® ) a Notary Public
County o_..-._........... .................... Mary Johnson
............................................................................................
and far the said
r---Count Sala Bernardino"in- y o f...............
residing therein, duly commissioned and sworn, personally appeared.......--...
E.---L.. Morgan _-_ ..................... known to one to be the
ATTORNEY of the GLENS FALLS INSURANCE COMPANY, the
Corporationthat executed the within instrument,and known to me to be the
Pierson who executed the said instrument on behalf of tlreCorporation therein
named and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF I have hereunto set •rny hand and affixedmy
official seal in the County of ---- -----the day and year in
this certificate first above written. }
-------
-k'&,
------------- * ------------------------
Notar Pubvintiwnd for the.. ...................... County of
... San-BeL"i3 ardinii----------- tate of
My commission expires. ............ I ...... J ..-.....
Contract Bond — Faithful Performance
Public Work — California
Bond No. 88-23-21.
INSURANCE COMPANY
of Glens Falls, New York,
CONTRACT BOND
Premium $ 2.,287.00
KNOW ALL MEN BY THESE PRESENTS:
That Charles J. Lagreco DBA: Cal Construction Company , as Principal,
and Glens Falls Insurance Company, incorporated under the Laws of the State of New York and authorized
to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto
City of Redlands, California
in the sum of Two Hundred Ninety Eight Thousand and No/100 Dollars ($ 298,000.00 ),
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 April 5 , 1962 , with theCity of Redlands, California
to do and perform the following work, to -wit:
For the construction of the City Hall Axinex, Redlands, California, in
accordance with plans and specifications.
Now, Therefore, if the above bounden Principal shall well and truly perform the work contracted to
be performed under said contract, then this obligation shall be void; otherwise to remain in full force and
eff ect.
Signed and Sealed this 5th day of April
Approved this ------------------------------------------------ day of
--------------------------------------------------------------------- 19--------
By-----------------------------------------------------------------------------
Title----------------- ------------------------- ----
19 62
CAL CONSTRUCTION COMPANY
BY:
GLENS FALLS INSU rNCE COMPANY
By---- = = --- -- ----- - --------------------------------------
E Attorney
FORM 1021 CAL.
State ofn this----- 5-th---------------day of...APP-r z---••------••--------- ----..in the ear
CALIFORNIA��Nl� � s�,xt two - y
One Thousand Nine Hundred and .....----..- y-.. ..before me,
u�T. �BITl�]CC iTl® f
County of.. --------------Mary To�tnsOzt.....--•-----.............................. a Notary Pieblic
in and for the said .................................... County of -no
t�I'--no
residing therein, duly commissioned and sworn, personally appeared............
E. L. Morgan .----...... -- -..---.---known to ane to be the
ATTORNEY of the GLENS FALLS INSURANCE COMPANY, the
Corporation that executed the within instrument, and known to ane to be the
person who executed the said instrument on behalf of the Corporation therein
named and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF I have hereunto set any hand and affixed my
official seal in the County of ---- .San--B.ernay4ino ----- the day and year in
this certificate first above written.
n P
Notary Pub]i�jin Aft for the........................County of
..... San ...Bem-"-.$�yq---------------- State o
My commission expires---......SE-1 �•„-.-••.-- g.65 ---..
1045
member • american institute of architects
1168 e. highland ave. • telephone to 3 -6 1 16 • san bernardino, california
NOTICE TO PROCEED
April lag 1962
Cal Construction Company
P. O. Box 481
San Bernardino, California
Gentlemen:
This is notification that, as of the date of
April 17, 1962, you shall oommence work on the
construction of the Redlands City Hall Annex,
as.per your Contract with the City of Redlands,
California, dated April 5, 19620
yours,
Pal
/
CPH:jh
cc: - Mr. R. PO Merritt, Jr,-
-.Kr, Ray Phelps
— Mr. John Jones
0
CERTIFICATE OF LIABILITY INSURANCE
Dated Aprils
1962
THIS IS TO CERTIFY that the Insured named herein is at this date insured with SEABOARD
SURETY COMPM under policy as described herein.
DESCRIPTIVE SCHEDULE
Insured: Cal Construction Company
Address of Insured: 224 South "I" Street, San Bernardino, California
Name of holder of this certificate: City of Redlands, Attn: Mr. R. P. Merritt, Jr.
Address of holder of this Certificate: City Hall., Redlands, California
COVERAGES
LIMITS OF LIABILITY
A. Bodily Injury Liability ---Automobile
$
2 0 O,o00 each person
$
300,000 each occurrence
$
200,000 each person
B. Bodily Injury Liability ---Except Automobile
$
300,000 each occurrence
$
300,000 aggregate products
C. Property Damage Liability ---Automobile
$
100,000 each occurrence
in excess of $ 25.00
$
100,000 each occurrence
$
100,000 aggregate operations
D. Property Damage Liability ---Except Automobile
$
100,000 aggregate protective
$
100,000 aggregate products
$
100,000 aggregate contractual
Policy No. SCC 3249 Policy Period 6-20-61 To 6-20-62
LOCATION AND DESCRIPTION OF WORK
job: Construction of City Hall Annex, Redlands, California
Should the above mentioned policy be cancelled, assigned or changed during the above named policy period
in such manner as to affect this Certificate, the Company will 6t0dkr&=xMX give 10 days written notice
to the above named holder of this Certificate;ti�tC
Countersigned at Los Angeles ,California
RAY ROSENDAHL CO.
Form CLI — Fisch
By
Authorized Representative