1994-0921_D.M. KISLING CONSTRUCTION_Agreement0
AGREEMENT
THIS AGREEMENT, made and entered into this twenty-first day of
September, 1994, by and between the Capistrano Valley Water District,
hereinafter referred to as "District," and D. M. Xisling
Construction, a corporation organized and existing under the laws of
the State of California, of the City of Laguna Beach, County of
Orange, State of California, hereinafter referred to as "Contractor."
WITNESSETH:
(1) SCOPE OF WORK. Contractor shall, under the direction and to the
satisfaction of District, furnish all labor, materials, equipment,
transportation and services for the construction of the
VIA CASCADA MAIN RELOCATION
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CALLE DORADO MAIN EXTENSION
in accordance with the plans and specifications, bid form, notice
inviting sealed proposals (bids), wage scale and action of the Board
of Directors of the District awarding this Contract taken September
20, 1994, all of which are incorporated herein by reference and made
a part hereof.
(2) CONTRACT SUM. District will pay Contractor in accordance with
the prices shown in the bid form.
(3) PREVAILING WAGE. Contractor shall pay to any laborer or
mechanic employed, the prevailing rate of hourly wages and rates for
legal holidays and overtime work, as set forth in the Notice Inviting
Sealed Proposals. Contractor shall, accordingly, pay as a penalty to
the District the sum of Twenty -Five Dollars ($25.00) for each
calendar day or portion thereof for each worker paid less than the
prevailing wage under this contract, by Contractor and/or any
subcontractor.
(4) TIME FOR COMPLETION. Contractor shall commence construction
within ten (10) calendar days from the execution of this Contract and
pursue said work in a diligent and comp-�--- manner without
interruption and complete construction thereof is
specified or extensions thereof approved by t
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(5) PAYMENT. District agrees to pay and Contractor agrees to accept
proportionate payments as work progresses according to
specifications, subject to additions and deductions provided therein,
all in accordance with the applicable provisions of Section C-10,
Measurement and Payment, of the General Provisions of the Project
Specifications, which sums shall be computed from the prices set
forth in the bid submitted by the Contractor.
(6) COMPLIANCE WITH PUBLIC CONTRACTS LAW. District is a public
agency in the State of California and is subject to the provisions of
law relating to public contracts. It is agreed that all provisions
of law,applicable to public contracts are a part of this contract to
the same extent as though set forth herein and will be complied with
by Contractor.
(7) CONTRACT DOCUMENT. The complete contract includes all the
contract documents set forth herein, to wit: the notice inviting
sealed proposals (bids), bid (proposal) form, bid bond, this
agreement, performance bond, payment bond, Contractor's certificate
regarding worker's compensation, certificates of insurance and
endorsements, special conditions, general provisions, standard
specifications, detailed specifications, and construction plans, and
also addenda thereto and supplemental agreements.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first hereinabove written.
CAPIST O VA EY//WATER DISTRICT
By _
hairR n of the Board of Directors
Capistrano Valley Water District
UVW62 Mts
Clerk of the Board of Directors
CAPIST 0 VALLEY WAT��D¢I-S—TRICT
By \1�(��2'r(O
• - M
D. vi. KN n3c.- Cot-, [ cT l a.1
Contractor
Address
City State O -A
Zip IM SZ elepjao 494'3131
By i
TitleStflcw�T
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CORPORATE CERTIFICATE*
I, �Ju6Al. wJ I NZ41 , certify that I am the
Secretary of the corporation named as
Contractor in the foregoing contract; that VAV%D 111. k< SI.\%JG-
who signed said contract on behalf of Contractor was then
s%oof said' corporation; that said
corporation is in good standing; and that said contract was duly
signed for and in behalf of said corporation by express authority of
its governing body and is within the scope of its corporate powers.
By ,7
(Seal)
*To be completed if Contractor is a corporation. If Contractor is a
joint venture or partnership that includes a corporation(s), a
certificate must be obtained from the District's office, completed
and attached to this page.
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