R2024-97 Resolution Accepting the Bid and Authorizing the Execution of a Construction Contract with Lourash and Mahannah Excavation, LLC for the Oakley Sediment Basin Drainage Improvements, City Project 2022-04

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Bid Bond Instructions ons GENERAL INFORMATION Purpose. AIA Document A310-2010 establishes the maximum penal amount that may be due the Owner if the Bidder fails to execute the contract and to provide the required performance and payment bonds,if any. It provides assurance that,if a bidder is offered a contract based on its tendered proposal but fails to enter into the contract,the Owner will be paid the difference in cost to award the contract to the next qualified bidder,so long as the difference does not exceed the maximum penal amount of the bond. ' Related Documents. A310 is not incorporated by reference into other AIA documents. For further reference on bonding procedures,see AIA Document A701TM--1997,Instructions to Bidders;and AIA Document G612T4--2001,Owner's Instructions to Architect. ' Use of Non-AIA Forms, AIA Document A310 may be used with any appropriate AIA or non-AIA document. CAUTION SHOULD BE EXERCISED BEFORE ITS USE TO VERIFY ITS COMPLIANCE WITH CURRENT LAWS AND REGULATIONS BY CONSULTING WITH AN ATTORNEY OR A BOND SPECIALIST. USING A310-2010 Modifications. Particularly with respect to professional or contractor licensing laws,building codes,taxes,monetary and interest charges,arbitration,indemnification,format and font size,AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document. In a purchased paper AIA Contract Document,necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the document,or by attaching Supplementary Conditions,special conditions or referenced amendments. ' Modifications directly to purchased paper AIA Contract Documents may also be achieved by striking out language. However,care must be taken in making these kinds of deletions. Under NO circumstances should standard language be struck out to render it illegible. For example,users should not apply blocking tape,correction fluid or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent concealment,or suggest that the completed and signed document has been tampered with. Both parties should initial handwritten changes. Using AIA software,modifications to insert information and revise the standard AIA text may be made as the software permits. ' By reviewing properly made modifications to a standard AIA.Contract Document,parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited,good faith dealing is encouraged,and otherwise latent clauses are exposed for scrutiny. AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal interpretation given to a standard clause. Furthermore,retyping and electronic scanning are not permitted under the user's limited license for use of the document,constitute the creation of a derivative work and violate the ATA's copyright. Identification of the Parties. The Contractor,the Surety,and the Owner should be identified using their respective full names and addresses or legal titles under which the bond is to be executed. The state in which the Surety is incorporated also should be identified in the space provided. Bond Amount. The dollar amount of the bond should be provided in both written and numerical form. ' Project Description. The proposed project should be described in sufficient detail to identify(1)the official name or title of the facility;(2)the location of the site;(3)the proposed building type,size,scope or usage; and(4)the project number required by the owner,if any. A project number may be required by certain public owners to adequately identify ' the project to which the bond pertains. Execution of the Bond. The bond must be signed by both the Contractor and the Surety. The parties executing(signing) the bond should print their title and impress their corporate seal,if any. Where appropriate,attach a copy of the ' resolution or bylaw authorizing the individual to act on behalf of the firm or entity. As to the Surety,this usually takes the form of a power of attorney issued by the Surety company to the bond producer(agent)who signs on its behalf. Printed in cooperation with the American Institute of Architects(AIA). 1 The language in this document conforms to the language used In AIA Document A310-Bid Bond-2010 Edition,