Loading...
HomeMy WebLinkAboutFleming Engineering, Inc. - 1978-11-20C O N T R A C T THIS AGREEMENT, made and entered into as of November , 19Z�, by and between the CITY a municipal corporation, hereinafter referred to ereinafter referred to as THE CONTRACTOR. W I T N E S S E T H the day of OF HUNTINGTON BEACH, as THE CITY, and t 1\ WHEREAS, in accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations, shall determine the general prevailing rate of wages, applicable to the work covered by the contract; copies of -the latest General Prevailing Wage Determinations are on file in the office of the City Clerk and made a wart hP_reof. The supplerrentary canuitions attached hereto are part of this contract. WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and provided, duly and regularly caused a notice to be published, calling for bids for labor, material, tools and equipment for the construction of the Trudy -Woodstock Storm Drain within Drainage District #4, in portions of Trudy Lane, Heil Avenue, Bradbury Lane, Woodstock; Lane, Silverwood Drive and Ballantine Lane in said City of Huntington Beach, California, said work to be constructed according to plans, specifications, general requirements, and special provisions for same on file in the office of the Director of Public Works and adopted by the City Council of said City of Huntington Beach on the 18th day of Septp�pr , 19�_, to which said plans, specifications, general requirements, and special provisions reference is hereby made, and by such reference they are made a part of this contract as if herein set out in full; and WHEREAS, the City Council at a regular rooting thereof and at the time and place appointed therefore received the report of the results of the bids submitted by the respective bidders for the construction and comoletion of the above mentioned work, and after careful consideration of all bids submitted the City Council awarded the contract therefor to the CONTRACTOR therein named at the prices set forth in his bid, it being the lowest and best bid received by the said City Council. NOW, THEREFORE, in consideration of the convenants and agree- ments herein contained, being done and peformed by the parties hereto, it is hereby agreed as follows: I. By my signature hereunder; as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. II. Contractor agrees to receive and accept as full. compensa- tion for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the unit prices con- tractor submitted in his proposal which was accepted by the City Council. A copy of said proposal is attachad hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss: or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruc- tions which may arise or be encountered in -the prosecution or the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for %yell and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the require- ments of the engineer under them. III. City 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 set forth in the general requirements and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the convenants herein contained for the contract bid amount of $433,405.00 which amount is subject to —adjustment upward or downward dependent upon inplace quantity where applicable. 11.7. 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 or the said Lerms of said proposal conflicting herewith. V. Bid Bond. The Contractor further agrees that his proposal shall be accompanied by a bidder's security in an amount equal to ten percents (10%) of his bid in accordance with California Government Code Section 37931 et seq. a I —A t.� Ngajr�i I A r To yj Nif 4'•r. rN, Jt IT, �4, i of ..... . . . . . .