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Home My WebLink AboutContracts & Agreements_51-1991_CCv0001.pdf A G R E E M E N T THIS AGREEMENT, made and entered into this NINETEENTH day of NQU-M-BER 199 1 , 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 FISHER'S GRADING AND EXCAVATING INC a partnership consisting of or an individual trading as of the City of SAN BERNARDINO 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 berms and drains at the California Street Landfill, all as shown, specified, and made a part of Contract No. 68-6908-4650. 2 . THE CONTRACT SUM: $312 , 246. 00 3 . TIME FOR COMPLETION: The work to be completed within thirty (30) work 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written, (SEAL) City of Redlands (Owner)By s Mayor, Cit , R dlan County di o, C fornia ATTEST: City Clerk, C : G Redlands County of San` Bernard no, California (SEAL) FISHER'S GRAD�IG AND EXCAVATING, INC. Name of Cont By: 9 , Signat -e "Authorized Agent '17 President Titl i�inatu�re o Authorized Agent (if necessary) Secretary/Treasurer Title A-584883 Contractor's License No. -10- EXECUTED IN TWO COUNTERPARTS BOND NO. B400125 PREMIUM $5,684.00 FAITHFUL PERFORMANCE BOND I(NOW ALL PERSONS BY THESE PRESENTS That FISHER'S GRADING & EXCAVATING, INC, as Contractor, and MCA INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of ($312,246.00) ** SEE BELOW dollars, for the payment of which sum well and truly to be—mad—eiWe bind ourselves, Our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these Presents. ** THREE HUNDRED TWELVE THOUSAND TWO HUNDRED FORTY-SIX AND NOITOO----DOLLARS. 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. 68-6908-4630. NOW THEREFORE, if said Contractor shall perform all of the requirements of said contract required to be performed an their part, at the tizes 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 27TH FISHER'S GRADING & day of NOVEMBER 199 EXCAVATING, INC. (SEAL) MCA INSURANCE COMPANY (SEAL) (Contracto (Surety) ,, By: By* gn urC) (Signatu t - BARBARA L. JASE-MTORNEY-IN-FACT Address: 484 CENTRAL AVENUE NEWARK, NEW JERSEY 07107 Telephone No. 201 967-9400 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SLWTY) -"uu1ill 1N TWO COUNTERPARTS BOND NO. B400125 LABOR AND MATERIAL BOND PREMIUM -NIL- KNOW ALL PERSONS BY THESE PRESENTS, That FISHER'S GRADING & EXCAVATING, INC. and MGA INSURANCE COMPANY as Contractor as Suret , are held and firZly bound unto the City Of Redlands/ hereinafteyr called city, in the sum of ($312,246.00) --* SEE BELOW for the payment of dollars 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. ** THREE HUNDRED TWELVE THOUSAND TWO HUNDRED FORTY-SIX AND NO1100----DOLLARS. 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. 68-6908-4650. NOW THEREFORE, if said Contractor, or subcontractor, fa-ils 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 27TH day of NOVEMBER 99 FISHER'S GRADING & EXCAVATING, INC. (SEAL) MCA INSURANCE COMPANY (Contractory, (Surety) By: By: (Si a (Signatdrd) BARBARA L. JAS KT-;ATTORNEY--IN-FACT Address: 484 CENTRAL AVENUE NEWARK, NEW JERSEY 07107 Telephone No. (2oi 967-9400 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) -12- MCA Insurance Company POWER OF ATTORNEY 484 Central Avenue Newark, NJ 07107 No. a 4 B4 a a KNOW ALL MEN BY THESE PRESENTS that MCA Insurance Company, an Oklahoma corporation authorized to engage in business as a surety, does hereby appoint William R. Friis, Kenneth A. Coate, Barbara L. Jaski and Mark E. Shreckengast of Riverside, California its true and lawful Attorney(s)-in-Fact, to execute on its behalf any and all bonds and undertakings not in excess of Two Million Five Hundred Thousand Dollars ($2,500,000) and consents for the release of retained percentages and/or final estimates and to bind the Company thereby. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of a Resolution adopted by the Board of Directors of MCA Insurance Company at a meeting called and held on the 13th day of July,1987,of which the following is a true transcript: "RESOLVED, that the Chairman of the Board, the President, any Executive Vice President or Senior Vice President or Vice President-Surety be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bondsundertakings,reco izances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto t, he corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." IN WITNESS WHEREOF MCA Insurance Company has caused these presents to be signed by one of its officers,and its corporate seal to be hereunto affixed this 2 7 th day of June, 19 9 0. MCA INSU CE COMPANY z. SEAL State of New Jersey ; •. ? Soren N.S.Laursen,Vice President-Surety . � County of Bergen: On this 2 7 th day of June , 19 9 a, before me carne Soren N. S. Laursen, to me personally known, and, being by me duly sworn, said that he is Vice President - Surety of MCA Insurance Company; that the seal affixed to said instrument is the corporate seal of said corporation, that the corporate seal and his signature were duly affixed by order of the Board of Directors of said corporation. 't ;. ,r,, Eva Fried `an,Notary Public of New Jerscy t My Commission expires Sept.25, 1994 .CERTIFICATE I, Doris Greeley, Secretary of MCA Insurance Company, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct,and that bath the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand affixed the facsimile seal of the corporation this 27THdayof NOVEMBER 19 91 822 6/ 0 � rar a,. o Secretary cx C E R T I F I C A T E O F I N S U R A N C E DATE: 12/05/91 - ---- - ----------------------- ------- - ---- -------------- - - ---------------------------------------_- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Davis & Graeber Ins. Svcs. Inc EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 470 E. Highland Ave. ----.,-------------------------------------------------------------------- P.O. Box 750 COMPANIES AFFORDING COVERAGE Redlands, CA 92373 ----------------------------------- --------- --- -`-__- --------___-- (714) 793-2373 COMPANY A AETNA CASUALTY & SURETY LETTER 66 ---------------------------------------------- COMPANY B UNICARE - -- - ---- - -- INSURED LETTER ___________________________________ _______ --____ ------ FISHER GRADING EXCAVATT F COMPANY C T P.O. Box 738 LETTER Highland, CA 92346 --------------------r---- CPAN LOTTERY D --------------------------------- ---------K, - -- COMPANY E - LETTER COVERAGES _._ _ THIS IS TO CERTIFY THAT 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 CLAIMS MADE ---------------------------------------------------------------------------------------------------------------------------------- POLICY POLICY CO EFFECTIVE EXPIRATION LFR TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS --- ------------------------------------- --------------------- ---------- ---------- -------------------------------------------- GENERAL LIABILITY GENERAL AGGREGATE $ 2000 A [XI COMMERCIAL GENERAL LIABILITY C0021053599 07/01/91 07/01/92 PRODUCTS-COMP/OPS AGGREGATE $ 2000 [ I [ I CLAIMS MADE [XI OCCURRENCE PERSONAL & ADVERTISING INJURY $ 1000 [ I OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1000 [ I FIRE DAMAGE (ANY ONE FIRE) $ 100 [ I MEDICAL EXPENSE(ANY ONE PERSON)$ 5 --- ------------------------------------- --------------------- ---------- ---------- -------------------------------------------- AUTOMOBILE LIABILITY CSL $ 1000 A [X) ANY AUTO FJ020558358 07/01/91 07/01/92 ----------- -------------- [ I ALL OWNED AUTOS BODILY INJURY [ I SCHEDULED AUTOS (PER PERSON) $ [XI HIRED AUTOS [XI NON-OWNED AUTOS BODILY INJURY [ I GARAGE LIABILITY (PER ACCIDENT) $ [ I PROPERTY DAMAGE $ ---------------------------- --------------------- ---------- ---------- -------------------------------------------- A EXCESS LIABILITY XS0021822061 07/01/91 07/01/92 EACH OCCURRENCE I AGGREGATE. [XI UMBRELLA FORM -----------------I _-___ [ I OTHER THAN UMBRELLA 1000 $ 1000 --- ---- STATUTORY I B WORKERS' COMPENSATION UCB-01-1726 07/01/91 07/01/92 ---- - -------------------------- AND $ 1000 (EACH ACCIDENT) -- -- EMPLOYERS' LIABILITY $ 1000 (DISEASE-POLICY LIMIT) $ 1000 (DISEASE-EACH EMPLOYEE) -------------------------------------- ---- OTHER ------------------------------------------------------------------------------------------------------------ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CONTRACT NO. 68-6908-4650 CERT HOLDER IS NAMED AS AN ADDITIONAL INSURED PER FORM CG2010. CERTIFICATE HOLDER ______________ ___=__=__= CANCELLATION ==---- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF REDLANDS PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O. BOX 3005 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE REDLANDS, CA 92373 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: ALAN K. GRIFFETH'S LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CONTRACT ENGINEER ------------------ AUTHORIZED REPRESENTATIVE ----------------- ---------------------------- -- --------.------- -- - ---- ------ --- - ---- 1 -1.1- 1. 00021052599 U1Z1NJr_rt",L L!H=iL! i Y r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: FISHERS GRADING & EXCAVATING COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 ATTN: ALAN K. GRIFFITH'S CONTRACT ENGINEER RE: CONTRACT NO. 68-6908-4650 EFFECTIVE: 11-26-91 ST 12-5-91 768200 CG2010 (ED. 11-85) PRINTED IN U.S-A-