HomeMy WebLinkAboutContracts & Agreements_41-1988_CCv0001.pdf A G R E E M E N T
THIS AGREEMENT, made and entered into this —seventh day of
- November , 19 88 ., by and between the 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 .
a partnership consisting of
or an individual trading as
of the City of Redlands County of San Bernardino
State of California, hereinafter referred to as the "Contractor" .
WITNESSETH: That the City and the Contractor, for the consideration
hereinafter named, agree as follows:
1 . SCOPE OF WORK: The Contractor will furnish all materials and
will perform all of the work for the following:
Construction of A.K . Smiley Public Library Additions' complete
as shown and as specified in Contract No . 16-5901-4270 .
2 . THE CONTRACT SUM:
**$3 ,529 ,020. 00** Base Bid
3 . TIME FOR COMPLETION: The work to be completed within
three-hundred and sixty-five (365) calendar days from and after the
date of the Notice to Proceed.
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, Plans
and Specifications and any addenda thereto .
0 .8-1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written .
(SEAL)
City of Redlands
(Owner)
By: �m- !
Mayor, City of Redlands, County
of San Bernardino, California
ATTEST:
�citylerk , Ci f Redlands
County of San e ardino, California
(SEAL)
DONALD, MCKEE & HART , INC.
Name of Contractor
By: J. S. Hart
Sig ature f Authorized Agent
President
Title
Signature of Authorized Agent (if necessary)
Title
264359 S1 SA
Contractor' s License No .
0 .8-2
BOND NUMBER 2-749-135
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS
That DONALD. McKEE & HART ,, INC . as Contractor,
and THE OHIO CASUALTY INSURANCE COMPANY
as Surety,
are held and firmly bound unto the City of Redlands, hereinafter
called City, in the sum of $3,529,020.00---------------------------------
dollars, for the payment of which sum well and truly to be made, we
bind ourselves, 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 City' s Contract No . 16-5901-4270 .
NOW THEREFORE, if said Contractor shall perform all of the
requirements of said contract required to be performed on their
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 in 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 contract, shall not in any way release said Contractor or
said Surety thereunder, nor shall any extensions of time granted
under the provisions of said contract release either said Contractor
or said Surety, and notice of such alteration or extensions of the
contract is hereby waived by said Surety.
SIGNED AND SEALED, this 7TH day of NOVEMBER 1988
DONALD , M C K E E & HART , I �C (SEAL) THE OHIO CASUALTY INSURANCE CO.(SEAL)
(Contractor) (Surety)
By,: By:
a.
//(Signature) (Signature)
S . Hart - President MARTIN M. DAVIS
ATTORNEY-IN-FACT
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
0 .9
CERTIFIED COPY GF POWER OF ATTORNEY
TRB OHIO CASUALTY INSURANCE COMPANY
K06M OMCl4, HAIIft1LTOK OHIO
No. 22-251
�() AM bg M#M WrThat THE OHIO CASUALTY MSURANCE COMPANY, is pus* a"
of authority granted by Article VL Section 7 of the By-Laws of said Company do" hereby nominate, constitute and appoints
Ralph W. Davis, Jr. or Peter M. Davis of Redlands, California -
or Martin M. Davis - - - - - - - - - - - - - - - - - - - -
its true and lawful agent and attorney -in-fact, to make. execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance
FIVE MILLION - - - ($ 5 1000,000.00 - ) Dollara,
excluding, however, any bond(*) or undertakings) guaranteeiag the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Companr.
as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(*)-in-fact.
I�s7 In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty
TInsurance Company has hereunto subscribed ams and affixed the Co is Seal of the
i' said The Ohio Casualty Insurance Comp t • 30th y of Jan r 19 86.
SEAL j=
STATE OF OHIO, Asst. Secretary
COUNTY OF BUTLER 1 SS.
On this 30th day of January A. D. 19 86 before
the subscriber. a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman, Asst. Secretary - - - of THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and saith. that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
OVOWHInt", IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
Olow t tSeal at the City of Hamilton. State of Ohio, the day and year first above written.
r! Is
s ........... .. ... .. . ... ..rte
Notary Public in and for my of ut er. State of Ohio
tri Nttn My Commission expir ....December„24...1986,.,,
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 1, 1954, extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board. the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-Fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal. acknowledge
and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation. or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal.
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney. Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 7TH day of NOV A.D.. 19 $8
SEAL
eifi~ d Assistant Secretary
54300-C 12-M3M
BOND NUMBER 2-749-135
LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That DONALD . McKEE & HART , INC . as Contractor
and THE OHIO CASUALTY INSURANCE COMPANY as Surety,
are held and firmly bound unto the City of Redlands, hereinafter
called City, in the sum of X3,529,020.00------------------ -- dollars
for the payment of which sum well and truly to be made, we bind
ourselves, 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 Contract No .
16-5901-4270 .
NOW THEREFORE, if said Contractor, or subcontractor, fails to pay
for any materials, equipment, or other supplies, or for rental of
same, used in connection with the performance of work contracted to
be done, or for amounts due under applicable State law for any work
or labor thereon, said Surety will pay for the same in an amount not
exceeding the sum specified above, and, in the event suit is brought
upon this bond, a reasonable attorney' s fee to be fixed by the
court . This bond shall inure to the benefit of any persons,
companies, or corporations entitled to file claims under applicable
State law and will remain in force 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 contract, shall not in any way release either said
Contractor or said Surety thereunder, nor shall any extensions of
time granted under the provisions 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.
SIGNED. AND SEALED, this 7TH day of NOVEMBER 1988
DONALD , MCKEE & HARI , INC . _(SEAL) THE OHIO CASUALTY INSURANCE C ISEAL)
(Contractor) (Surety)
By: By:
�17-11�1
f8ignature) (Signaatiure)
S . Hart - President MARTIN M. DAVIS
ATTORNEY-IN-FACT
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
0 .10
CEMIFM COPY OF POWER OF ATTORNEY
THE 0=0 CASUALTY INSURANCE COMPANY
HOUR OFF= HAIMTOM 011110
No. 22-251
Xmw AU An bg Q;�ft Vrt0tttt* That THE OHIO CASUALTY INSURANCE COMPANY in pursuance
of authority granted Ly Article V Section 7 of the By-Laws of said CotnpauT_ does hereby nominate. constitute and appoiatt
Ralph W. Davis, Jr. or Peter M. Davis of Redlands, California — — — —
or Martin M. Davis — — — — — — — — — — — — — — — — —
its true and lawful agent and attorney -in-fact, to make. execute, seal and deliver for and on its behalf as surety, and as
its act and dead any and all BONDS. UNDERTAKINGS, and RECOGNIZAIOC ES. not exceeding in any sizele instance
FIVE MILLION — — — — — — — — — — — — — — — — — - - - - - - ($ 5,000,000.00 Dollars.
excluding, however. any hand(s) or undertake (s) guaranteeing the Payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of the" Frasents, shall be as binding an said Compan
'I
as fully and amply. to all intent* and purposes, as if they had been duly executed and acknowledg:Fby the regularry
elected officers, of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(a)-in-fact.
kltt 1#tjs In WITNESS WHEREOF. the undersigned, officer of the said The Ohio Casualty
K6� Insurance Company has hereunto subscribed affixed the Cs to Seal of the
y of
Jan r _ 86.
SEAL "ad ares' '"4
said The Ohio Casualty Insurance Com am* and affixed the C's to 3"1 of the
t a 3(0 Zth y of Jan r 19 86.
Comp
SEAL
STATE OF OHIO. SS. Asst. Secretary
COUNTY OF BUrLER I
Ont 30th day of January A. D. 19 86 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman.. Asst® Secretary — — — of THE OHIO CASUALTY INSURANCE COMPANY. to me
personally known to be the individual and officer described in, and who executed the preceding instrument. and he acknow.
ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
,outurflifte IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
Seal at the City of Hamilton, State of Ohio, the day and year first above written.
---N
�7
................. . .... .. . . .... ....
1. and my Notary Public in and for
"s
P
u ez. State of Ohio
My Commission expir ....Aecember...24.....1.98.6.....
This power of attorney is granted under and by authority of Article V1, Section 7 of the By-Laws of the Company. adopted by
its directors on April 2. 1954. extracts from which read-
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fatt, etc. The chairman of the board. the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizance*, stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individuaf, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article V1 Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signature* and seal are hereby adopted by the Company as original sig tures and Seal.
to he valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
1. the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 7TH day of NOV A.D., 1988
o}Lit I#t
*s`c�SEAL 'i Z
artto Assistant Secretory
S-43 -C 12-80-3M
-77 7904007 176040 Rv TWE Q 749 P? 7
CIGNA
0 K oil 777
V 7C7 70, 7 LIMITS
T _
AURT"M 71
P�
479TAL EXPENSE vANY 147 7-7' V,
A X FJ832683 9-1-88 9-1-89 1 _500,
Aeons. CEFMFICATE Of INSURANM ISSUE DATE(MMIDDiYY)
11-17-88
PRODUCER
f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
3 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
DAVIS & GRAEBER INS. SERV. , INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. BOX 750
REDLANDS, CA 92373 COMPANIES AFFORDING COVERAGE
COMPANY
CODE SUB-CODE A
LETTER AETNA CASUALTY & SURETY
COMPANY
INSURED LETTER B PACIFIC EMPLOYERS INS. CO.
COMPANY
DONALD, MCKEE & HART, INC. LETTER C
P.O. BOX 25-9 COMPANY
REDLANDS, CA 92373 LETTER D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MM/DDiYY) DATE(MM/DD/YY)
GENERAL UABIUTY GENERAL AGGREGATE $1,000
A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $1,000
CLAIMS MADE X OCCUR. 00525.1593 9-1-88 9-1-89 PERSONAL&ADVERTISING INJURY $500,
X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $500,
FIRE DAMAGE(Anyone(ire) $100,
MEDICAL EXPENSE(Any one person) $5,
AUTOMOBILE LIABILITY COMBINED
SINGLE $ 500,
A X ANY AUTO LIMIT
ALL OWNED AUTOS FJ832683, 9-1-88 9-1-89 BODILY
INJURY
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS BODILY
NON-OWNED AUTOS INJURY $
X � (Per accident}
GARAGE LIABILITY
PROPERTY $
DAMAGE
EXCESS LIABILITY EACH AGGREGATE
A X UMBRELLA FORM XS549204 9-1-88 9-1-89 OCCURRENCE $
1,000 1,000
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY
B AND C3083799A 10-1-88 10-1-89 $ 1,000 (EACH ACCIDENT)
EMPLOYERS,UABILM $ 1,000 (DISEASE—POLICY LIMIT)
$ 11(}00 (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIRESTMCTIONS/SPECIAL ITEMS
*JOHN S. HART & GORDON DONALD, JR. , INDIVIDUALLY
ALL OPERATIONS OF THE NAMED INSURED.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CERTIFICATE HOLDER CANCELLATION
i
CITY OF REDLANDS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
P.O. BOX 280 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
REDLANDS, CA 92373 MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR D P ENTATIV
ACORD 25-S(3188), ISUIDAViS & GRAEGEH OACORD CORPORATION 1988
INSURANCE SCAVICEfi_ mri __ .._