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Home My WebLink AboutContracts & Agreements_48-1991_CCv0001.pdf A G R E E M E N T THIS AGREEMENT, made and entered into this fifteenth _day - of October _, 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 I L• PAWLICH Q2Lca=ON a partnership consisting of or an individual trading as of the City of _m*lg 1,am County of Riverside 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: Sewer main replacements in various locations, all as shown on Plan Number F1410, and as specified and made a part of Contract No. 25-7557-4615. 2 . THE CONTRACT SUM: $150,650.00 3 . TIME FOR COMPLETION: The work to be completed within Forty-five (45) 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. -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of Redlands (Owner) By May- or ' , `it of;Re ands= County of Sanr,:fino, Cal ornia ATTEST. { City C e k, Cit Redlands County of San ardino, California (SEAL) TL Pavlich Construction Name of Contractor N r p 2Ls S ignatu-2f of Aut prized Agent Owner Title Signature of Authorized Agent (if necessary) Title 617847 Contractor's License No. -10- EXECUTED IN DUPLICflTE BOND NO: 1200974 PREMIUM: $4.1013.00 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS That TL PAVLICH CONSTRUCTION as Contractor, and EXPLORER INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the SUM Of ONE HUNDRED FIFTY THOUSAND SI.X HUNDRED FIFTY AND NO 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. 25-7557-4615. 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 24TH day of OCTOBER 199 TL PAVLICH CONSTRUCTION (SEAL) EXPLORER INSURANCE COMPANY (SEAL) (Contractor) (Surety) BY: KIM M. WALKE( gnaturs) -ATTORNEY- N1-FACT (SigKature) Address: 3330 SHELBY STREET.. 64 ONTARIO CA 91 1 Telephone No. 14 941-6699 (SEAL AND NOTAR-TAL ACKNOWLEDGEMENT OF SURETY) "Al BOND NO: 1200974 EXECUTED IN DUPLI PREMIUM INCLUDED IN -CATE PERFORMANCE BOND LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS, That TL PAVLICH CONSTRUCTION and EXPLORER INSURANCE COMPANY as Contractor are held and firmly bound Unto the City oands f Re as Surety, Redlands, hereinafter called City, in the sum of ($150,650.00) 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. 25-7557-4615. 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 sun 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 24TH day of OCTOBER 199 1 TL PAVLICH CONSIRUCILQN (SEAL) _EXpL()gEg INSURMCE COME 'X-_(SEAL) (Contractor) (Surety) A By (Signa-fure) (signature)KIM M. WALKER ATTORNF-Y-IN-FACT Address: 338o sHELBy STEEF _T ONTARIO, CA 91764 Telephone No. (_Z14 ) 941-6699 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) -12- Explorer Insurance Company HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY,a Corporation duly authorized and existing under the laws of the State of ARIZONA and having its principal office in the City of San Diego,California,does hereby nominate,constitute and appoint: Kim M. Walker its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,reoognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985,which said Resolution has not been amended or rescinded and of which the following is a true,full,and complete copy- 'RESOLVED: That the President or Secretary may from time to time appoint Attcmeys-in-Fact to represent and act for and on behalf of the Company,and either the President or Secretary,the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 1St day of February, 1991 tiNSU,p4 EXPLORER INSURANCE COMPANY fay�'r+ a SEAL o 0 STATE OF CALIFORNIA � °M•�eda3 COUNTY OF SAN DIEGO SS: 41 ka President On this is t day of Februaryt3efore the subscriber,a Notary Public of the State of California,in and for the County of San Diego, duly commissioned and qualified,came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be the in- dividual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of San Diego,the day and year first above written. "0i�'�' TED KKOOZLOWSKI NOTARY PUM)C;- LiFCRNIA SAN DIEGO COUNW MY COMMISSION EXPIRES JANUARY 1690 , 1995 STATE OF CALIFORNIA o ry Public COUNTY OF SAN DIEGO I,the undersigned,James W.Austin,III,of the EXPLORER INSURANCE COMPANY,do hereby certify that the original POWER OF ATTOR- NEY,of which the foregoing is a full,true and correct copy,is in full force and effect,and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary,and affixed the Corporate Seal of the Corporation,this 24TH day of OCTOBER t9 91 EXPLORER INSURANCE COMPANY tittSUq fi G al SEAL .i "s��•�rx•.�� V 5ecretary EXP CAL 37