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HomeMy WebLinkAboutContracts & Agreements_4-1982AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of Fgbruary 19 82 , by and between fhe City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City" and DONALD, MCKEE & HART, INC 4upsmoneoxsdxxxxowalauflagxxl OMOMAINIEZIOaMtnn=lagXXX of the City of REDLANDS State of California, ereina ter re erreto as the "Contractor". A CORPORATION County of SAN BERNARDINO WITNESSETH That the City and the Contractor, for the consideration hereinafter named, agree as follows I SCOPE OF WORK. The Contractor will furnish all materials and will perform all of the work for the following. COMMUNITY CENTER - PHASE II - Redlands, California 2 THE CONTRACT SUM Base Bid Alt B - Add - Carpet Alt C-2 Add - Drywall Alt F - Add - Ceramic Tile Alt G - Add - Alt. J -- Add - Alt K - Add - Alt L - Add - Alt. M - Add - Alt N - Add - Alt 0 -- Add - Alt. T FI E Con Floor Tile Paint & Stain. Cabinets Court Markings Fire Sprinklers Hot Water System Relocate Sign R - Add - Metal Louver Vents 1,100 00 3 FOR COMPLETION' The work to be completed Calendar days including Saturdays, Sundays from and afterthe date of commencing the work 4. CONTRACT DOCUMENTS. The complete contract includes all of the contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Proposals and Bid Form, Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond and Plans and Speci- fications and any addenda thereto $515,000 00 1,600 00 3,360.00 16,638 00 6,464 00 4,500 00 2,420.00 400 00 39,196 00 475.00 125 00 Alt. U - Deduct (well lighting) Alt. V - Deduct (dimmers) TOTAL CONTRACT - within - (350 00) - (17075 00) $573853.00 240 and legal Holidays IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of Redlands Mayor, City of Redlands, County of San Bernardino, California ATTEST City CIy City of Reglan , County "o San Bernardino, aa1 f rnia "ACRicMENr" \PPROVED AS TO FORM /i/4164%;APL4G0 City Attorney By, (SEAL) DONALD, MCKEE & HART,INC. (Contractor) art (Signature Secretary -Treasurer (Title) (Signature) (Title) 264359 Bl SA (Contractor's License No ) BOND \UJ1 BER : C-7L103L.71 BOND ` EMIUM: INC LUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND ALL MEN BY THESE PRESENTS, DONALD, MC KEE & HART, INC. as Contractor, �' F TP as Surety, eld and firmay Fb VIAZIAPSAI git �ee;h Wa . ht n fter called in the sum of Flf`f:v Turest�d �,�,00 dollars, he payment of which sum well and truly to be made, we bind our- s, our heirs, executors, administrators, successors, and assigns, ly and severally, firmly by these presents. AS, said Contractor has been awarded and is about to enter into nnexed contract with said City to perform all work required under idding Schedule(s) of the City's Specifica- entitled COMMUNITY CEh TER - PHASE II - REDLANDS, CALIFORNIA HEREFORE, if said Contractor, or subcontractor, fails to pay for aterials, equipment, or other supplies, or for rental of same, in connection with the performance of work contracted to be done, r amounts due under applicable State law for any work or labor on, said Surety will pay for the same in an amount not exceeding am specified above, and, in the event suit is brought upon this a reasonable attorney's fee to be fixed by the court. This bond inure to the benefit of any persons, companies, or corporations Led to file claims under applicable State law and will remain in until 90 days after completion. )ED, that any alterations in the work to be done or the materials furnished, which may be made pursuant to the terms of said con- , shall not in any way release either said Contractor or said Surety ander, nor shall any extensions of time granted under the provi- of said contract release either said Contractor or said Surety, )tice of such alterations or extensions of the contract is hereby i by said Surety. AND SEALED, this 22ND day of 1 ±! BRUARY 1982 a KEE & HART, INC ( SEAL) THE AMERICAN INSURANCE COMPANY (SEAL) mtractor) (Surety) B (Signature)( '` .'• TART, SECRETRY/TREASURER RALPH W. DAMS p IR. ATORN EY -IN -FACT AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN 13Y THESE PRESENTS that THE AMERICAN INSURANCE COMPANY a Corporation duly organized and existing under the. law of the State of Nc.w Jersey and having its Home Office in the City and County of San Francisco California has made, ion .tituted and appointed and doesby these presents make constitute and appoint JOHN G. WILCOXSON, JR. and RALPH W. DAVIS, JR jointly or severally it. true and lawful Attorney(s) in Fact with full power and authority hereby conferred in its name place and stead, to execute seal acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the. Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s) in Fact may do in the premiser Phis power of attorney is granted pursuant to Article VIII Section 30 and 31 of By laws of THE AMERICAN INSURANCE COMPANY now in hill force, and effect Artie le VIII tpp.,iutnrinl and lrrllrurrlrr of Re:redent Aasintant Sccretorr" and lttornrrl rn Fact and aroma to accept Legal Process and Make 1 ppearanrry Section 30 Ap�peentment The Chairman of the Board of Directors the President any Vice President or any other person authorized by the Board of Directors the Chairman of the Board of Directors the President or any Vice President may from time to time, appoint Resident Assistant Secretaries and Attorneys in Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation u heat 11 Th, Authority of such Resident Assistant Secretaries Attorneys in Fact and Agents shall be as prescribed m the instrument vul. nr us�7 Ihr.rr nppumtmrnl and any such appointment and all authority granted thereby may be revoked at any lime by the Board et Directors or ,rny 7 r n:on r uipuwer"d to make such appointment flit , power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September 1966 and that said Resolution has not been amended or repealed RESO1 VED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of lhrr Corporation may be aflixea or printed on any power of attorney, on any revocation of any power of attorney or on any cerhhcaic relating thereto by facsimile and any power of attorney, any revoca,ion of any power of attorney or certificate bearing nch fac,,iniile. signature or lac: imile seal shall be valid and binding upon the Corporation fN W 17 NLSS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice -President, and its corporate seal to he hereunto affixed this ltI__day of STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO on tins 7th day of_ to nie known who, being by me duly sworn did Ilio C Irtioratton described in and which executed fes Ili send instruutu nt ti such corporate seal that lit mime thereto by like order By , 1977 THE AMERICAN INSURANCE COMPANY r t >LL,_. � -�- Vice President 1977 before me personally came W1111 all W, Lauber depose and say that he is Vice President of THE AMERICAN INSURANCE COMPANY the above instrument that he knows the seal of said Corporation that the seal affixed it was so affixed by order of the Board of Directors of said Corporation and that he signed IN WITNFSS WHFREOF I have hereunto set my hand and affixed my official seal the day and year herein first above written oamnn tlin hIllUotitini artsul lflhII mmamilh$ ufl OFFICIAL SEAL SUSIE K. GILBERT - NOTARY MIMIC - CAl1FORNIA CITY & may OF SAN FRANCISCO My Communion ftxpitst H. 17.1m gAMARANAMAIMASUMmussimunismintotemaustatA STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO 21.5 CERTIFICATE 1, flit undersigned Assistant Secretary of THE AMERICAN INSURANCE C1 ft"] lF'Y theft the loreg,,ing and attached POWER OF ATTORNEY remain. that Article VIII Sr goons 30 and 31 of the By laws of the Corporation and raw( r al Alt irney etre now in force Notfiry Public COMPANY, a NEW JERSEY Corporation DO HEREBY in full force and has not been revoked and furthermore the Resolution of the Board of Directors set forth in the Signed and sealed at the City and County of San Francisco Dated the 22] 1D day of FEBRUARY !9 8 2 "a R rl in el et t i.i r -1"11, 11 7R Assistant Secretary BOND TMBER : C --7403471 BOND _-iEMIUM: $4,138.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That DONALD, MC KEE & HART, INC. and THE AMERICAN INSURANCE COMPANY as Contractor, as Surety, are held and firml ou e th n fter called y�Sevel�e+ h�['it�' City, in the sum of Fx_ y Wiree and no/ dollars, for the payment of which sum well and truly to be made, we bind our- selves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Bidding. Schedule (s) of the City's spe- cifications entitled CONNUNITY CENTER — PHASE II -- REDLANDS, CALIFORNIA NOW THEREFORE, if said Contractor shall perform all of the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect until 90 days after completion. PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said con- tract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provi- sions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby_ waived by said Surety. State of CA County o#SAN BDNO ss. dn FEBRUARY 22, 1982 I! erein duly commissioned and sworn personally appeared before me, a Notary Public in and for said County and State residing RALPH W. DAVIS, JR. known to me to be Attorney in -Fact of THE AMfICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the saki corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHERE My Commission Expi 360212-6-66 hand and affixed my official seal, the day and year stated in this certificate above GLORIA J SCHNABEL NOTARY PUBLIC CAN GLI7,,,t,F,DIN'O COUNTY CALIFORNIA i Fri'tI My Commission Exnirrs October 21 1983 Public pi GENE°RAL POWER OF ATTORPFEY 1 nE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That THE AMERICAN INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New Jersey and having its principal office in the City and County of San Francisco California has made constituted and appointed and does by these presents make constitute and appoint JOHN G WXLCOXSON, JR and RALPH W DAVIS, JR. jointly or severally its true and lawful Attorney(s) in Fact with full power and authority hereby conferred in its name place and stead to execute seal acknowledge and deliver Iny and all bonds undertakings recognizances or other written obligations in the nature thereof ind to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s) in Fact may do in the premises This power of attorney is granted pursuant to Article VIII Section 30 and 31 of By laws of THE AMERICAN INSURANCE COMPANY now in full force and effect `Article VIII Appointment and Authority Assistant secretaries, and Attorney in Fact and Agents to accept Legal Process and Make Appearances Section 30 Appointment The Chairman of the Board of Directors, the President, any Vice President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys in Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation Section 31, Authority The Authority of such Resident Assistant Secretaries Attorneys in Fact and Agents shall be as prescribed in the Instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September 1966 and said Resolution has not been ,[mended or repealed RESOLVED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of this Corporation may be affixed or printed on any power of attorney on any revocation of any power of attorney or on any certificate relating thereto by f tc,imile and any power of attorney any revocation of any power of attorney or certificate bearing such facsimile signature or facsimile seal shall be salld and binding upon the Corporation IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 18th day of August 19 80 STATE OF CALIFORNIA, i IT\ AND COUNTY OF SAN FRANCISCO 1 4S THE AMERICAN INSURANCE COMPANY ' ice President t3tf this 18th day of August 19 80 before me personally Came William W Lauber 10 me known, who being by ine duly sworn did depose and say that he is Vice President of THE aMER1CAN INSURANCE COMPANY the Cor porition described in and which executed the above instrument that he knows the seal of said Corporation, that the seal affixed to the said instrument k such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation arid that he sil.ned his name thereto by like order IN WI FNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year herein hrst above written i0 t11lli ltil I ASlil lullhIUuIIIII IAIii111111i1 i1U11il tllUi 1M OFFICIAL SEAL SUSIE K GILBERT NOTARY PUBLIC CALIFORNIA CITY & COUNTY OF SAH FRANCISCO My Commission Expires Noy !7, 1980 iiiit111111111111111116M11111160111111.11111/91111/11111 STATE OF CALIFORNIA CIT) AND COUNTY OF SAN FRANCISCO } SS "rf CERTIFICATE Notary Public 1, the undersigned Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER HEN that the foregoing and attached POWER Of- ATTORNEY remains in full forLe and has not been revoked and furthermore [hat Article VIII Sec nuns 10 and 31 of the By laws of the Corporation and the Resolution of the Board of Directors L1 forth in the Power of Attornes are now to force 516 ned and sealed at the City and County of San Francisco Dated the 22ND day of FEBRUARY ARY 19 82 1Fit7l1 (i--.-TA---1 Rtt Resident Assihiani Secretary • CXOrd r rtificate of InsurancEl • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAME AND ADDRESS OF AGENCY WILCOXSON & DAVIS INC. P 0 BOX 750 REDLANDS, CA 92373 COMPANIES AFFORDING COVERAGES COMPANY A FIREMANS FUND INSURANCE CO. LETTER COMPANY B LETTER NAME AND ADDRESS Of INSURED DONALD MC KEE & HART INC. P 0 BOX 259 REDLANDS, CA 92373 COMPANY C LETTER coMPANY D LETTER COMPANY LETTER L� This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued o may pertain the insurance afforded by the policies described herein is subject to all the terms exclusions and conditions of such policies COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION CIATE of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE A GENERAL ECOMPREHENSIVE nPREMISES—OPERATIONS E EXPLOSION HAZARD LIABILITY FORM AND COLLAPSE HAZARD HAZARD INSURANCE FORM PROPERTY CONTRACTORS INJURY MXP 303 71 79 9/1/82 BODILY INJURY PROPERTY DAMAGE $ 500, $ 250, $ 1,000, $ 250, �� ii UNDERGROUND BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 5 .1 PRODUCTS/COMPLETED �'"� OPERATIONS f_J CONTRACTUAL K BROAD DAMAGE FAINDEPENDENT n PERSONAL PERSONAL INJURY A AUTOMOBILE LIABILITY �( L' COMPREHENSIVE FORM `�`,, OWNED �i HIRED NON -OWNED MXP 303 71 79 9/1/82 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ PROPERTY DAMAGE $ BODILY INJURY D PROPERTY DAMAGE COMBINED 4.,000$ $ A EXCESS LIABILITY "� UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM XLB 149 lO 16 (EXCESS OVER PRIMARY LIMITS 9/1/82 TO $3,000,000) BODILY INJURY AND PROPERTY DAMAGE COMBINED $ WORKERS COMPENSATION and EMPLOYERS' LIABILITY STATUTORY $ ARCH ACCIDENT) OTHEFVNOTWIT_-;STANDING ANY REQUIREMENT TERM OR CONDITI tOCUME T WITH RESPECT TO WHICH THIS CERTIFICATE IS LSSUED,THE INSURANCE ISTED ON THIS CERTIFICA E IS SUBJECT TO ALL THE TE' EXCLUSIONS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES OPERATIONS PERFORMED BY INSURED COMMUNITY CENTER PHASE II ON OF ANY CONTRACT OR OTHER AFFORDED BY THE POLICIES & Co p_T• t . .II Cancellation. Should any of pany will endeavor mall such notice the above described policies be to mail 1O days written cancelled notice to of any before the expiration the below named kind upon DATE ISSUED. date thereof the issuing corn certificate holder but failure to the company FEBRUARY 19, 1982 shall Impose no obligation or liability NAME AND ADDRESS Of CERTIFICATE HOLDER' CITY OF REDLANDS I' 0 BOX 280 REDLANDS, CA 92373 AUTHORIZED REPRESENTA IV ACORD 25 ( t 79) SET TAB STOPS AT ARROWS • • • • risrtificate of Insurance THIS CERTIFICATE IS ISSUED A A MATTER OF INFORMATION ONLY AND CONFERS NO IGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAM! AND ADDRESS OF AGENCY WILCOXSc1 & DAVIS INC. P 0 BOX 750 REDLANDS, CA 92373 COMPANIES AFFORDING COVERAGES COMPANY LETTER FIREMANS FUND INSURANCE CO. NAME AND ADDRESS OF INSURED DONALD MC KEE & BART INC. P 0 BOX 259 REDiANDS, CA 92373 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate may be Issued o may pertain the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousands ($ 10) EACH OCCURRENCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES—OPERATIONS IMEXPLOSION AND COLLAPSE HAZARD X1UNDERGROUND HAZARD ©PRODUCTS/COMPLETED OPERATIONS HAZARD © CONTRACTUAL INSURANCE ®BROAD FORM PROPERTY DAMAGE ® INDEPENDENT CONTRACTORS 11 PERSONAL INJURY BODILY INJURY PROPERTY DAMAGE klP 303 71 79 9/1/82 AUTOMOBILE LIABILITY AtII COMPREHENSIVE FORM LLOwNE D � �rrHIRED L_NON OWNED PERSONAL INJURY MP 303 71 79 PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE COMBINED WORKERS' COMPENSATION STATUTORY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation Should any of the above described policies be cancelled before the expiration date thereof the rssuing corn pany will endeavor to mail ail_ days written notice to the below named certnccate holder but failure to mail such notice shall Impose no obligation or liability of any kind upon the company NAME AND ADDRESS OF CERTIFICATE HOLDER CITY OF =DLANDS P 0 BOX 280 REMIANDS, CA 92373 AUTHORIZED REPRESENTATJVE