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HomeMy WebLinkAboutContracts & Agreements_23-1988_CCv0001.pdf A G R E E M E N T THIS AGREEMENT, made and entered into this twenty-first day of — June —, 19_-a-8 , 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 Golcienwes Fe a partnership consisting of or an individual trading as of the City of Westminster —County of Orange 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 all fencing and gates as shown and as specified in the specifications, all as a part of Contract No. 65-7202-4330. 2. THE CONTRACT SUM: **16,332.90** 3 . TIME FOR COMPLETION: The work to be completed within Thirty (30) 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. -9- x� IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of Redlands (Owner) By: Mayor, City of Redlands, County of San Bernardino, California ATTEST: City Clerk , C ' of Redlands County of San Bernardino, California (SEAL) GOLDENWEST FENCE CO. , INC. Name of Contractor By: 9` Signature of Au"orized Agent William C. Jones, President Title Signature of Authorized Agent (if necessary) Title 395395 C-I3 Contractor 's License No. -10- BOND NO: 966107P Premium $327.00 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS That GOLDENWEST FENCE CO. , INC. as Contractor, and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held and firmly bound unto the Citv of Redlands , hereinafter called City,, in the sum of Sixteen Thousand Three Hudnred Thirty Two and L100 dollars , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executers, 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 lender the City 's Contract No . 65-7202-4330. 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 12th day of AUGUST GOLDENWEST FENCE CO. , INC. (SEAL,) INDEMNITY COMPANY OF CALIFORNIA(SEAL) (Contractor) (Surety) ` � r (Signature) (Signature) PAULINE M. McLEAN, ATTORNEY it, L'&C? (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) _11_ LABOR AND MATERIAL BOND BOND NO: 966107P Premium incl in Performance KNOW ALL PERSONS BY THESE PRESENTS, That GOLDENWEST FENCE CO. , INC. as Contractor INDEMNITY COMPANY OF CALIFORNIA as Surety, are held and firmly bound�ree m, me C * tV of Redlands , hereinafter sum ofouga 41 _9 called City, in the un re � rty 1go id _ L _41 ILLU_dollars for the payment of which sum well and truly to De 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 . 65-7202-4330. NOW TU 'BEFORE, if said Cantract,or , or subcontract-or, fails to pav 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 12th day of_ A_ULUS1_, 19-SB--- INDEMNITY COMPANY OF CALIFORNIA(SEAL) GOLDENWEST FENCE CO., INS, {SEAL} o n t rZi c t o r (Surety) ti A h By: (Signature) (Signature) PAULINE M. McLEAN, ATTORNEY !N FACT (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) -12- POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA NOO 028278 AND DEVELOPERS INSURANCE COMPANY P.0, BOX 3343,ANAHEIM,CALIF.92803 a (714)999-1471 NOTICE: 1 All posicir and authorlity hareir,granted shall in any feeint terminate on the 31s1rdwr at Doloornlysir 19-88. 2. T hs Power of Attorney is void it altered or if any porhon rii erased. 3, This Power of Attorney is ears!Uniessthe sea!is readable,the texi sf m bmown ink,the signatures are in,Uue ink and'his notice is in red 4. This Power of Attorney should not be returned to the Afyon ney(s)-in-Pact:but shored rernairf a Eger mane-n-,Part of"lie obligee's records, KNOW ALL MEN BY THESE PRESENTS,that.except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not icintly,hereby make,constitute and appoint PAULINE M.McLEAN ,he true acrd'aarful i AttorrooA rll-in-Facit to make,execute,deliver and acknowledge.for and on behaif of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,5CO.000 in any single under ralong.giving and granting unto said Attorneynd-M-Fact full power and authority to do and to pertlorm every act necessary,requisite or proper to bedrine in connection therewith as each of said corivisratioris could do,but reser=ving to each of said corratrations full posearof substitution and rev oca- tron; and all of the acts of said Artorneysl-in-Fact,pursuant to these presents,are hereby ratified and confirmed, The authority and powers conferred by this Power of Attorney do not extend to any of'he folioerg bonds,undertakiogS or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage grourarit'a-e bonds.guarantecs of installment paper,note auarantee bonds,bonds on financial iristitutron,%lease borc:18,insurance cismirany qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds This Power of Attorney Is granted and=s signed layfrosirn-iie under and by authority of the following rosisiutions adopted bythe respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Cha;rman of the Board,the President and any Vice President of the coporation be,arra that each of them hereoir is.authori?ad*a executic Powers of Attorney, qualifying the atorney(s)named in the Powers of Attorney to execute,on behaff of the corporation,borints,undertakings and contracts of suretyship:and the,,the Secretary or any Assis- tant Secretary of rhe corporation be,and each of there hereby nt,authorized to attest the execution of any such Power of Attorney RESOLVED,FURTHER,that the signatures of such officers may be affixed cr any such Power of Aftornicy or to arly certificate relating thereto by facsande,and any such Power of Aftisr- rive or cerinficate bearing such facsimile signatures shall be valid and binding ubon the corporation when so affixed and in the future with respecirtia any bond,undertaking or contract of suretyship to which if is attached. 1N WITNESS WHEREOF,1114DEIMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCECOMPANY have severally caused the-so presents to be Signed Dy their respec- tive Presidents and attested by their respective Secretaries this 15th day of January 1,5.'g U. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ------------ ----------------- By By ............ ----------------------- Gerald A.Saurrageau,President Gerald A Sauvageau,President R y,olk xR41?' on AT-EST inlT I f-it MXR,of IZ51 AT-1 EST A, 4 ............... ------- By -------------------------------------LZ Harry C,Crowell,Secretary Harry C.Crowell.Secretary S T ATP OF CALIFORNIA COUNTY OP ORANGE i On January 15, 1988,before me.the undersigned,a Notary Public in and for said State,personally appeared Gerald A,Saffiratteau and Harry C.Crowell, personally known to me(or proved to moon the basisof satisfactoryevidence)to ba the persoinsiotio executed thetalthin'nstrumentas President and Secretar-yon behaffisfinderrinity Gornpanyof California and as President and Secretary or,behalf of Developers Insurance Comparry,the Corporations thereirt named,and acknowledged to me that the corporations executed it. WITNESS my,hard and official seat. ------ OFFICIAL SEAL VIRGINIA M. 'LOUMAN Signature NOTARY PLjBllC-`-Aj IFORNIA --- ---- ---------------- LI Notary public CRA'~ COUNTY My romairssion Explies Mar. 13, 1989 CERTIFICATE Therindersigned,as Executive Vice President of INDEMNITY COMPANY CrF CALIFORNIA,and Eflocutive Vice President of DEVELOPFRS INSURANCE COMPANY,does hereby raertity,that the foregoing and attached Power of Attorney remains in full force anc has not been revoked:and furthermore,that the provisions off the resolutionfirdthe respective Boardsof Directors of said corporations-set forth in the Power of Attorney,are in fume as of the date of this Certificate F"C'AL SEAL NIA L 0 U �l P C CA 0, N 'y ni _y RA E rssrid Ex illa, 13� 198 9 fifornia.this-12--day of This Certificate is executed In the City of Anaheim Car, ---- -AUGUST. ------------- INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 'ty"Cia a- if BY 5, sy------------ -------------------------------------- Than, Thomas H,Tyr o'o X5 %4\4�4, wy-,f, ,*v'x,��, Executive Vice President Executive Vice President c� 1D 310 REV,4/88