HomeMy WebLinkAboutContracts & Agreements_28-1988_CCv0001.pdf A G R E E M E N T
THIS AGREEMENT, made and entered into this sixth day of
SEPI FR , 19_U_, 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
Zandtt am' 1Contractinq
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:
Contract No. 01-6595-4350; construct restroom and storage
building, site concrete, irrigation system, soccer field
lighting and wooden arbor at Brookside Park and at Crafton Park
as shown on the plans .
2 . THE CONTRACT SUM:
**$334,870.00**
3 . TIME FOR COMPLETION: The work to be completed within
One-hundred and eighty (180) calendar days from the date of receipt
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-
BOND NUMBER 116287+
FAITHFUL PERFORMANCE BOND PREMrw $7,677.00
KNOW ALL PERSONS BY THESE PRESENTS PREMIUM FULLY
EARNED
UPON EXECUTION
That &ANDER SMITH GENERAL CONTRACTOR as Contractor,
arid__ AMC+TEST SURETY INSURANCE COMPANY as Surety,
are held and firmly bound unto the City of Redlands, hereinafter
called City, in the sum of THREE HUNDRED THIRTY FOUR THOUSAND EIGHT HUND. SEVENTY AND
dollars, for the payment of which sum well and truly to be made, we 00/100
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 worst required
under the City's Contract No. 01-6595-4350 .
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 oft, the
contract is hereby waived by said Surety.
SIGNED AND SEALED, this 7th day of SEPTEMBER , 1988
ZANDER SMITH GENERAL CONTRACTOR (SEAL) AMWEST SURETY INSURANCE COMPANY (SEAL)
(Contractor) (Surety):
f
>,
By: By
(Signature) (Sz(1nature)
MATTHEW G.., WELTY ATTORNEY—IN-FACT
STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO �ss.
Sn� 7, 1.988
3 before me a ?rotary Public, within and for the sa
County and State, personally appeared A fro C. WELTY newn
tome(or proved tome on the basis ofsatitactory evidence)tr tie the persc =lease name is subscribed t the within instr e t
t
as the Attorney in Pact of and for the AMWEST SURE#IIS "*E COMPANY,and an 701wW/rne
tome hat he
subscribed the name€�f the AMWEST S RL INSU INCL COXI NY ther e as �hi T tc
in Fact-
OFFICIAL SEAL
MINCIPAL OFFICE*4
s,
SAN BERNAMNO CGUIN Py
6
P
y Comnission Expires Jan. It, l
-**4-+- 1 1 /
LABOR AND MATERIAL BOND
BOND NUMBER 1-162874
KNOW ALL PERSONS BY THESE PRESENTS, PREMIUM INCLUDED IN
PERFORMANCE
That ZANDER SMITH GENERAL COITTRACTOR as Contractor
and AMWEST SURETY INSURANCE COMPANY as Surety,
are held and firmly bound unto the City of Redlands, hereinafter
called City, in the sum of$334,870.00*****-*************************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.
01-6595-4350 .
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 sm'm�1 R _, 19 88
ZANDER SMITH GENERAL CONTRACTOR (SEAL) AMWEST :JIMETY INSURANCE COWS EAL)
(Contractor) (S,4rety)
By: By:
STATE OF CALIFORNIA. COUNTY OF_ SAN BERNARDINO
On SEPTR4BER 7, 1988 before me a Notary Public, within and for the said
County and State, personally appeared C. WELTY n
m me(or proved totate ort the basis of satifactory evidenee)toe the per� whose name is subscribed tis cite within ins 71 ment
as the Attorney in Fact of and for the AMWEST SURE,6 INSU 'CECCS WANY,arid- knowledged to rpq that he
subscribed the name of the AMWEST SURETY I1S4ANCE C NY /eto as r t d iso name po ev
in Fact, GFlel.SEAL
+ jiffatly Mic4fe Hoffneri
4
PUSUC-CAIWORMA,
PR;BiCJPAL OF RZ
SA�4 BEMARDINO_C�,,, OTA Y PUBLIC
A
My Comfnission Expires)an. 11,
AMWEST SURETY INSURANCE CO.
P.O. Box 4500
Woodland Hills, CA 91365
(818) 704-1111
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION
does hereby make, constitute and appoint
Matthew G. Welty
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto if a semi is required,bonds.undertakings,recognizances or other written obliga-
tions in the nature thereof, as follows: '
Contract, Court, License,Permit and Miscellaneous Bonds
and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneys-In-Fact, pursuant to these
presents,are hereby ratified and confirmed.This appointment is made under and by authority of the following provisions of the By-
Laws of the company, which are now in full force and effect:
Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY
This Power of Attorney Is"ned and sealed by facsimile udder and by the authority of the following resolutions adopted oy
the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15. 1975.
RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,
may appoint attorneys-ih-fact or agents with authority as defined or limited in the instrument evidencing the appoint•
ment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds.
undertakings.recognizances,and!suretyship obligations of all kinds:and said officers may remove any such attorney-
in-fact or agent and revoke any power of attorney previously granted to such person
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and
binding upon the company
(i) when signed by the president or any vice-president and attested and sealed(if a seal be required)by any sec-
retary or assistant secretary; or
(il) when signed by the president or any vice-president or secretary or assistant secretary.and countersigned
and sealed(If a seal be required)by a duly authorized attorney-in-fact or agent;or
(iii)when duly executed and sealed(if a seal be required)by one or more attorneys•in•tactor agents pursuant to and
`within the limits of the authority evidenced by the power of attorney issued by the company to such person or perscns.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed
by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,under-
taking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of-
ficer, and its corporate seal to be hereunto affixed this 1St day of July 19__g 7
AMWEST SURETY INSURANCE COMPANY
6J�f`v 1M SUq�yCF
q
Gary R. Peterson, President
Karen G.Cohen,Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss
On this 1 st day of July A.D.,18 87 personally came before me Gary R. Peterson
and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM-
PANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same,and being by me
duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the
above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the board of directors of said corporation.
=9NOTARY
IAL SEAL
ICE DRUEZ (SEAL)
BLIC-CALIFORNIA
GELES COUNTY Notary Publicexpires MAY 1, I989
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss
CERTIFICATE
I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO
HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and further-
more, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
Signed and sealed at COLTOft CALIFORNIA this 7th day of SEPTEMBER 19__88
SJP/ \hCf
yi, pN PORE \�a
tc �Fo Karen G.Cohen,Secretary
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 PCS erk, Citf Redlands
County of San Bernardino, California
(SEAL)
Name of Contractor
By:
-��gnature of Auth zed Agent '
Title
Signature of Authorized Agent if necessary)
Title
Contractor 's License No.
-1p-
r