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HomeMy WebLinkAboutContracts & Agreements_24-1988_CCv0001.pdf A G R E E M E N T THIS AGREEMENT, made and entered into this 25th day of t7[__ 1I_Y r 1988 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 INLAND CONSTRUCTORS a partnership consisting of or an individual trading as of the City of Loma Linda 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 all improvements for the Oriental Avenue Improvement Project all as shown on plans numbered F-1291-1 through F-1291-7 and D-60450 , and specified in Contract No . 22-9369-4230 . 2 . THE CONTRACT SUM: **324,536.00** 3 . TIME FOR COMPLETION: The work to be completed within one-hundred and twenty (120) 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 , Pr6posals and Bid Fortm, Bid Bond , Agreement, Faithful Performance Bond , Labor and Material Bond , Plans and Spe'cifications 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: Mayor, City of Redlands, County of San Bernardino, California ATTEST: City Crerk, Citi Redlands County of San Bernardino, California (SEAL) land C ns actors Name o t ct By: Sf ature of Authorized Agent Owner Title Signature of Authorized Agent (if necessary) Title _ 487546 A Contractor' s License No. -10- am5.0151-115150 RECORDING REQUESTED BY P10 RECORDEDIN RZ AND WHEN RECORDED MAIL TO OFFICIAL RF-(%0RDP 2% INN, J33 JAN 25 AN It- 31 111L 2MSYS 3PCOR 4LNNT ' RNARD1140 Name City of Redlands CALIP. Street City clerk AdJress P.O. Box 3005 City Redlands CA 92373 5 SVY 5— DTT 6— ate 89-0 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that I. The undersigned is owner or corpolate officer of the, owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is 3. The, full address of the owner is — P.0- Bob 005 Redlands CA 92373 4, The nature of the interest or estate of the owner is., In fee, (if other than fee, slutke "in fee" and insert,. for exam;,ie, purcftasu under contract of purchase", or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES __.!jot Applicable G. A work of improveinent on the property hereinafter described was completed on The work done was: Orient 1 Ay nue I p rt" Project 7 The name of the contractor, if any, for such work of improvement was .­­---q-aland-------- Contructors -- P.O. Box 7037 Loma Linda CA 92354 (it no contractor torwoTk. of improvement as a whole, insert (Date of Contract) 8, The property on which said work, of improvement was completed is in the city of County of San Bernardino State of California, and is described as followsi utili tP;roy,_y__im vements on Oriental Avenue between Texas Street and Eureka Street. 9. The, street address of said property is 'if no street address has been officiaHy assigned, rose Dated, lanar __ 3 x__1989 verification for lndiv dusr Ownef Signature of owner or e r rate officer of owner named in paragraph 2 or his agent VERIFICATION 1, the undersigned, say: I am the Enqineer of the declarant of the foregoing t"President (if", "Manager of", "A partner of", "Owner of", etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. Bond No. 2689 338 Premium: $3,505.00 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS ThatInlandConstructors as Contractor , and TheOhioCasualty Insurance t-Com an � as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of Three hundred twenty four thousand five hundred *** 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 . ***thirty six & no 's , WHEREAS, said Contractor has been awarded and is about to/100enter($324into536.00) the annexed contract with said City to perform all work required under the City's Contract No . 22-9369-4230 . 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 29th day of July 19 88 Inland Constructors (SEAL) The Ohio Casualty Insurance Company (Contractor) ASEAL) (Surety) ..........�r By: All, (Signature) By: {Signature) Richard K. Rosskopf, Attorney-ir� (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Bond No. 2 689 338 Premium: Included LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS , That Inland Constructors as Contractor and The Ohio Casualtv Insurance Capipany as Surety, are held and firmly bound unto the City of Redlands-, hereinafter called City, in the sum of Three hundred twenty four thousand 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 . ***five hundred thirty six & no/100's ($324,536.00 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 . 22-9369-4230 . 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 29t� day of July 19 88 Inland Constructors (SEAL) The OhioCasualtyInsurance (Contra {Surety) By: By: (Signature) (Signature) Richard K. Rosskopf, AttorneyEA-fi-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) -12- W '"r CtF PoV'' K C)F A`rTO _'! THE 0=0 CASUALTY INSURANCE COMPANY MOM cry Ii111if1tt."1 OK CK10 — ...� No. 23-533 Ims AU Men b' Whm nt*etThat THE OHIO CA30ALTY gaURAHcE coilpANY. Is p.rsaaaea of authority granted by At"VL 3octioa 7 of the By-Laws of said Company does heroby aoatinab, coustitut,and appoint, Richard K. Rosskopf or John Z. Schmidt or Richard C. Lloyd or Douglas A. Rapp or Linda D. Coats - - - - - - - of Pasadena, California - - - - its true and lawful ages and attorney -in-fact, to snake, execute. seal and deliver for and on its behalf&s surety, and as its act and dood any a"all BONDS. UNDERTAKINGS. and RECOGNiZANCES, not exceeding in any single instance SIX MILLION - - - - - - - - - - - - - - - �# 6,000,000.00 - ) Dollars, however. any bond(*) or uadsrtakiag(s) gu*raatseiag the payment of notes and interest thereas And the execution of such toads or undertakings in pursuance of these presents. shall 6.e &s binding upon said Campos as fully and amply. to all intent* and Purposes, as if they had boon duly executed and ackaaw ed by the reguLrr electod officers of the Coatpany at its office is Hamilton. Ohio. in their own proper persona The authority granted hereunder suporsados any previous authority heretofore granted the shoes named attoraey(s)•ia4act, a.ltt +fd!iyi In WITNESS WHEREOF. the undersigned. officer of the said The Ohio Casualty Insurance Company has hereunto subscribed amto s and affixed the Ce 'Seal of the j SEAL j said Tho Ohio Casualty Insurance Camp t s 27th y J y 14 87. s .�* STATE OF OHIO. ( 3S. Asst. Secre .. COUNTY OF BUTt.ER J On this 27th day of July A. D. i9 87 hater* tha subscriber. a Notary Public of the State of Ohio, in and for the County of Butler. duty commissioned and qualified. cants Richard T. Hoffman, Asst. Sed rita rl - - _ of THE OHIO CASUALTY INSURANCE COMPANY. to axe personally known to he the individual a o car escribed 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 iD the Corporate Seat 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. tp!sn++ IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official ` +z�yut jtr Seal at the City of Hamilton. State of Ohio, the ay and year first above written f*{'+ 1t a s ' ;r ....»,.......... i; , . .... ..« Notary Public in and for nttr of er.State of Ohio My Commission axpir ....;eeLcg ter;.25., 1991.:... This power of attorney is granted under and by authority of Article Vi, Section 7 of the BY-Lawa of the Company, adopted by its directors on April 2. 1934. extracts from which read: "ARTICLE VI" Seetion 7. Appointment of Attorney-in-Fact, etc. The chairman of the board. the president. any vice-president, the secretary or any asaistant 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 end all bond*, recognizance*, 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 boa#-L,of county or state. or the United States of America. or to any other political sub- division., Thiis instrument is signed and **&led 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 seat of the Company may be affixed by f*esimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and Deal aro hereby adopted by the Company ss original signature* and seal, to be valid and binding Upon the Company with the game force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Compeer. do hereby certify that the foregoing power of attorney. Article Vt Section 7 of the by-law* of the Camp*ny and the *boyo Resolution of it* Board of D3rectora are true and correct copies and are in full fore* and effect on this date. IN WITNESS WHEREOF. I have hereunto set my hand and the seat of the Company this 29th day of JuIyA.D.. 1988 ytis „u Iftel SEAL g s'`