HomeMy WebLinkAboutAgr 1996-06-24 (HOD Construction Inc.)6-,Z y 96
CONSTRUCTION AGREEMENT
THIS is an agreement between the Town of Tiburon (the "Town") and H O D
Construction Co. Inc. (the "Contractor"). This agreement is made under the authority of the
Municipal Improvement Act of 1913 of the State of California (Section 10000 and following,
Streets and Highways Code).
The Town has taken special assessment proceedings under the Municipal
Improvement Act of 1913 and has awarded a contract to the Contractor for the construction
of improvements in Linda Vista Undergrounding Assessment District No. 1994-2, Town of
Tiburon, Marin County, California.
THEREFORE, in consideration of the mutual promises set forth herein, the parties
agree as follows:
1. The Agreement between the Town and the Contractor shall consist of this
document together with the following documents, which are on file with the Town Clerk and
are incorporated herein by reference:
a. The Amended Engineer's Report prepared pursuant to Section 10204 of
the Streets and Highways Code and approved by the Town Council; the
report includes plans and specifications covering the work to be done
under this Agreement.
b. The 1996 Contract Documents for the Linda Vista Undergrounding
Assessment District, prepared for the Town of Tiburon by I.L.
Schwartz Associates, Inc., and all documents incorporated by reference
therein.
C. The proposal submitted to the Town by the Contractor.
2. The Contractor agrees to construct and install, in a good and workmanlike
manner, the improvements described in the plans and specifications and in the Contractor's
proposal. The Contractor shall furnish all tools, equipment, labor and materials required to
complete the improvements. The work shall be done strictly in accordance with the plans
and specifications, and the materials used shall meet the standards prescribed therein.
3. The Town agrees to pay the Contractor for work actually performed in
accordance with the proposal of the Contractor on file with the Town Clerk.
4. The Contractor will be paid in cash, but only from the improvement account
for the special assessment district named above. The time of payment shall accord with the
specifications.
5. Time for completion of the work is fixed in the specifications. If the
Contractor fails to complete the work within the time limit, the Contractor shall become
SF2-58846.1
liable to the Town for liquidated damages as set forth in the Instructions to Bidders,
paragraph G, in the amount of $300.00 per working day, unless the Contractor is granted a
time extension in the specifications.
6. The Contractor shall secure the payment of compensation to his employees in
accordance with Section 3700 of the Labor Code of the State of California, as required by
Labor Code Section 1860.
7. This is a public works contract within the meaning of Part 7 of Division 2 of
the California Labor Code (Sections 1720 and following), and the Contractor and any
subcontractor under him shall pay not less than the specified prevailing rates of wages to all
workmen employed.
DASD: r4tkie tvfw
ATT
Diane L. Crane, Town Clerk
APPROVED AS TO FORM:
Ann Danforth, Town Attorney
TOWN OF TIBURON
By
Robert L. Kleinert,
Town Manager
H O D CONSTRUCTION CO. INC.,
Contractor
J
By QC44C4)~, _OW,-4 &v4k 6 Marg et O onovan, President 000 wC&4,
sF2-58846.1 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of I' V ku a'
County of
On J ~ 4t (cl y before me,
Date ( Name and Title of Officer (e.g., "Jane Doe, No ry Public")
personally appeared D ►J0~'10\(a,&l
Name(s) of Signer(s)
❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person )
whose nam subscribed tot e within instrum6nt
and ackn w~~ me that e h x ted the
same in authorized capacityt*s), and that by
*r signature* on the instrument the person),
or the entity upon behalf of which the persons) acted,
J. PAOA
^%mm & 1090547 executed the instrument.
SanFmncbcoco~nfy WITNESS my hand and official seal.
My comm. Wes Mar 15, 2MO
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Sign ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
NOW PubAc - Ca9otMO
Description of Attached Document
Title or Type of Document: 0""zc4i, rV7
Document Date: -4r 9 9 (o
Number of Pages: a
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Signer(s) Other Than Named Above: 6+1 I", C 1 V)
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Capacity(ies) Claimed by Signer(s)
Signer's Name: ~61 NOVI
Individual
#Corpor~g Offi r
Title (s):1'~'0044" 04- *1D 0i0WJk4,41"
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
iWeiman
❑ Guardian or Conservator
❑ Other: I Top of thumb here
Signer Is Representing:
Signer's Name:
❑ dividual
❑ C orate Officer
❑
Title( -
Partner Limited ❑ General
Attorney-in- t
Trustee
Guardian or Conse or
Other:
C A - I
Signer Is Representing:
0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827