Loading...
1997-0102_HOLLAND-LOWE CONSTRUCTION, INC._Addendum No. 1 Ilk, .4eMEMBERS OF THE CITY COUNCIL 4 }__ WYATT HART 1 . IffiPoparta GIL JONES • EMI 1961 CAROLYN NASH 1776 DAVID SWERDLIN • lm • CfTY MANAGER GEORGE SCARBOROUGH January 2, 1997 ADDENDUM NO. 1 PREVENTATIVE STREET MAINTENANCE, 1996-1997 1. Via California/Camino Las Ramblas 2. Avenida Aeropuerto 3. Mission Hills; and, 4. Capistrano Villas Speed Bumps. The following changes to the plans and specifications are promulgated through this addendum. Bond Forms Add Bid Bond Form, pages BB-1 and BB-2 Add Labor and Materials Bond Form, pages LM-1 and LM-2 Add Performance Bond Form, pages PB-1 and PB-2. A signed copy of this Addendum shall accompany the bid. Contractor Brian Perry Senior Civil Engineer brian\1-2adnl 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 BID BOND NOW ALL MEN BY THESE PRESENTS, that we, , as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated , 19 , for the construction of for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Princioal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remind in full force and tirtue. FURTHER, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. BB-1 IN WITNESS WHEREAS, the above-bounded parties have executed this instrument under their several seals this day of 19 - , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) PRINCIPAL BY ATTEST (If Corporation) Corporate Seal SURETY BY Title ATTEST Title A2P VEDA , 0 M: City Attorney Page 2 - Bid Bond BB-2 LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to License No. , hereinafter designated as "Principal", a contract for • ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall 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 done thereon of any kind, the Surety or this bond will pay the same. NOW, THEREFORE, we Principal, and as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for 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 said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail :o pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title I, Division 5, Chapter 3 of the Government Code of California as amended, :hat the Surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit .s brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond LM-1 shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any _ _ suit brought upon this bond. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the day of , 19 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL By SURETY By APPROVED AS TO FOR A. /e/F CITY ATTORNEY Page 2 - Labor & Materials Bond LM-2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal, hereinaf ter called CONTRACTOR, and hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement) which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and told; otherwise it shall remain in full force and effect. Surety wars whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attornev's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB-1 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this day of 19 , at , California. APPROVED AS TO FORM: (NOTARIZATION AND SEAL) /eje149. _44/2A City Attorney (NOTARIZATION AND SEAL) • Page 2 - PERFORMANCE BOND PB-2