HomeMy WebLinkAboutContracts & Agreements_130-2002_CCv0001.pdf CITY OF REDLANDS
ASK. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
CONTRACT
BETWEEN
THE CITY OF REDLANDS
AND
"PRIME CONTRACTOR"
AMERICAN SHEET METAL SPECIALTIES
4E;C
CITY OF REDLANDS
AUG , 4 2,002
A. . LEY PUBLIC LIBRARY 3
RSMI
EXTERIOR IMPROVEMENTS
05110/02
TILDEtE
CONTRACT FOR THE
CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
1. PARTIES AND DATE.
This Contract is made and entered into this 06 day of August, 2002, by and between
the The City of Redlands (hereinafter called the "Owner") and American Sheet Metal
Specialties (hereinafter called the "Contractor").
2. RECITALS.
2.1 The Owner is a public agency organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on July
3rd, 2002 has submitted a bid proposal for construction of one or more of the Bid
Categories necessary to complete A.K. Smiley Public Library Exterior Improvements
described in the Contract.
2.3 Owner has duly opened and considered the Contractor's bid proposal, and
duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the
other Bid Documents, and has given written notice to Contractor on August 06, 2002.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance
and Payment Bonds, the certification from the County Clerk verifying, Pursuant to Code of
Civil Procedure Section 995.660, that the Payment Bond surety's certificate of authority
has not been surrendered, revoked, canceled, annulled or suspended or, in the event that
it has been suspended, that it has been renewed, and evidences of insurance coverage as
required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following
documents, including all exhibits, drawings, specifications and documents therein, and
attachments and addenda thereto:
OF RE DI ANDS CONTRACT 1
1 K 1111 I Y PUBLIC LIBRARY -
\I I RIOR IMPROVEMENTS
oc 10/02
a. Notice Inviting Bids
b. Information to Bidders
c. Contract Bid Forms
d. Contract
e. Contract Appendix
f. Specifications (under separate cover)
g. General Conditions
h. Drawings (under separate cover)
Scope of Work Summary (under separate cover)
Performance Bond
Payment Bond
Drug-Free Workplace Certification
m. Addendum No. 1 dated July 23, 2002.
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the
Owner all labor, materials, tools, equipment, services, and incidental and customary work
for the construction of Bid Category #6 necessary to fully and adequately complete A.K.
Smiley Public Library Exterior Improvements, including any alternates selected by the
Owner, and all structures and facilities described in the Contract (hereinafter the "Work"),
for a total of Fifty-Nine Thousand Nine Hundred Sixty Eight Dollars and No Cents
($59,968.00), as specified in the Contract Bid Forms submitted by the Contractor in
response to the above referenced Notice Inviting Bids. Such amount shall be subject to
adjustment in accordance with the applicable terms of this Contract. All Work shall be
subject to, and performed in accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike
manner, and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Contractor represents and
maintains that it is skilled in the professional calling necessary to perform the Work.
Contractor warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Work assigned to them. Finally, Contractor further represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, and that such
licenses and approvals shall be maintained throughout the term of this Contract.
3.4 Period of Performance,
Contractor shall perform and complete all Work under this Contract within One
Hundred, Twenty (120) Calendar Days, beginning ten (10) Calendar Days after the date
on which the Letter of Award is sent by the Owner to the Contractor. Moreover, Contractor
(1TY OF IO-OLANDS CONTRACT 2
1 K SMILEY PUBLIC LIBRARY -
KIE 1210R IMPROVEMENTS
ff,,IG
shall perform its Work in strict accordance with any completion schedule, construction
schedule or project milestones developed pursuant to provisions of the Contract, including
but not limited the Project Schedule located in the Specifications.
Contractor agrees that liquidated damages will apply in the amount of Two Hundred
Fifty Dollars and No/100 ($250.00) PER DAY as provided by the applicable provisions of
the General Conditions, found in Part "B" of the Contract Appendix, for each and every
calendar day of delay beyond the Contract Time, beyond any completion schedule,
construction schedule or Project milestones established in or pursuant to the Project
Schedule, or beyond the time indicated in the Project Schedule for any individual contract
activity.
3.5 Owner's Basic Obligation.
Owner agrees to engage and does hereby engage Contractor as an independent
contractor to furnish all materials and to perform all Work according to the terms and
conditions herein contained for the sum set forth above. Except as otherwise provided in
the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory
performance by the Contractor of the services and obligations required by this Contract,
the above referenced compensation in accordance with compensation provisions set forth
in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the
California Labor Code, which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
that Code, and agrees to comply with such provisions before commencing the performance
of the Work. A certification form for this purpose is enclosed with this Contract, and shall
be executed simultaneously with this Contract.
37 Attorneys' Fees.
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Contract,the prevailing
party in such action shall be entitled to have and recover from the losing party reasonable
attorneys' fees and all other costs of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors,
and assigns agree to the full performance of all of the provisions contained in this Contract.
Contractor may not either voluntarily or by action of law, assign any obligation assumed by
Contractor hereunder without the prior written consent of the Owner.
Cl ri OF RI DLANDS CONTRACT - 3
\K ,S111 EY PORLIC LIBRARY
I 1.TI klOR IMPROVEMENTS
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of
the Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
Contractor Surety
American Sheet Metal Specialties Lesron Insurance
1316 Agate Street, Unit B 1440 N. Harbour, Suite 610
Mentone, California 92359 Fullerton, CA 92835
Attn: Mike McCabe Attn: Matt
Owner
Owner
City of Redlands
A.K. Smiley Public Library
125 West Vine St.
Redlands, California 92373
Attn: Larry Burgess
With Copies To:
Tilden-Coil Constructors, Inc.
3612 Mission Inn Avenue
Riverside, CA 92501
Attn: Dayne Brassard, Project Manager
Any notice so given shall be considered received by the other party three (3) days
after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the
above address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
CONTRACTOR CITY OF REDLANDS
American Sheet Metal Specialties
r,
By: kj o 1. By: /
Name: MiIe McCab Karl N . Haws , Mayor
Owner ATTEST :
Title
Lptrie Por City Clerk
Tax I.D. Number: 33-0549032 APPROVED AS TO FORM:
License: C43 - 705845 By:
Aiw
I. lel M.: ugh
Counsel, City of Redlands
Cl Pr OF KI DLANDS CONTRACT - 4
1 K SMILEY PUBLIC LIBRARY
I\Ft RIOR IMPROVEMENTS
us 1,1 02
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
American Sheet Metal Specialties
By:
Signature
Mike McCabe
Name
Owner
Title
? -• ! - (3
Date
CONTRACT (EXHIBIT A)
CI lY OF RI-DI AN.1)',
AK. l'CRI IC LI8RARY
Exerror I inpro,,tiletus
(17
. .
ATTACHMENT NO. I TO AGREEMENT
BIDDER'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Every employer, except the Stebe, shall secure the payment of compensation in one or more of
the following ways:
A. By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this State.
B. By securing from the Director of Industrial Re|ationS, a certificate of consent to
self-insure, which may be given upon furnishing proof satisfactory to the Director of
Industrial Re|atiOnS, of ability to self-insure and to pay any compensation that may
become due to his employee.
C. For all political subdivisions of the State, including each member of a pooling
arrangement under a joint exercise of powers agreement (but not the State itSe|f\,
by securing from the Director of Industrial Re|GtiOns, a certificate of consent to
self-insure against workers' compensation claims which certificate may be given
upon furnishing proof satisfactory to the director of ability to administer workers'
compensation claims propmr|y, and to pay workers' compensation claims that may
become due to its employees. On or before May 31, 1979. a political subdivision
of the State, which, on December 31, 1978. was uninsured for its liability to pay
onrnpenaad0n, shall file a properly completed and executed application for a
certificate of consent to self-insure against workers' compensation claims. The
certificate shall be issued and be subject to the provisions of Section 3702.
I am aware of the provisions of Section 3700 of the Labor Code, which require every
erOp|OVer, including sub'CnOt[GCtO[3, to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of the
code, and I will comply with such provisions before commencing the performance of the
work of this Contract.
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Contractor
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Signature of Offic-r
Typed Name of Officer
CITY OF REDLANDS BIDDER'S CERTIFICATE
A.K, SMILEY PUBLIC LIBRARY REGARDING WORKER'S COMPENSATION
EXTERIOR IMPROVEMENTS ATTACHMENT NO. 1 TO AGREEMENT 1
. .
ATTACHMENT NO. 2 TO AGREEMENT
DRUG-FREE WORKPLACE CERTIFICATION
This Drug-Free Workplace Certification form is required from all successful bidders pursuant to
the requirements mandated by Government Code, Section 8350 et. seg., the Drug-Free
Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or
organization awarded a contract or grant for the procurement of any property or service from any
State agency must certify that it will provide a drug-free workplace by doing certain specified acts.
In GdditiOn, the Act provides that each contract or grant awarded by a State agency may be
subject to suspension of payments or termination of the contract or grant and the contractor or
grantee may be subject to debarment from future cOntraCdng, if the contracting agency
determines that specified acts have occurred.
Pursuant to Government Code Section 8355, every person or organization awarded a contract or
grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the
following:
A. Publishing a statement notifying employees that the unlawful D1@nuf@cture,
distribution, dispe0SaU0n, possession or use of a controlled substance is prohibited
in the person's or organization's workplace and specifying actions, which will be
taken against employees for violations of the prohibition;
B. Establishing a drug-free awareness program to inform employees about all of the
following:
1. The dangers of drug abuse in the workplace.
2. The person's or organization's policy of maintaining a drug-free (controlled
substances, tobacco and @|cOhO|) vv0[kp|ac8.
3. The availability of drug C0UnS8|ing, rehabilitation and employee-assistance
programs.
4. The penalties that may be imposed upon employees for drug abuse
violations.
C. Requiring that each employee engaged in the performance of the contract or grant
be given a copy of the statement required by subdivision (A.) and that, as a
condition of employment on the contract or grant, the employee agrees to abide by
the terms of the statement.
I, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355
listed above and will publish a statement notifying employees concerning (A.) the prohibition of
controlled substance at the workplace, (B.) establishing a drug-free awareness program, and (C.)
requiring that each employee engaged in the performance of the contract be given a copy Of'the
statement required by Section 8355(A.) and requiring that the employee agree to abide by the
terms of that statement.
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO. 2 TO AGREEMENT -1
EXTERIOR IMPROVEMENTS
05/10/02
OEL 1,4 2002 10:23 T COI_ 794E,0"-C°4
I also understand that f the OWNER determines that I have either (A ) made a false certcation
herein, or (B.) violated this certification by tailing to carry out the requirements of Section 3355,
hat the contract awarded herein is subject to term'nation, suspension of payments, or both. I
farther understand that, should violate toe terms of the Drug-Fee Workplace Act of 1990, I may
be subject to debarment It' ac r±ne with the requirements of Section 850 et seq
I acknowedge that I am aware of the provisions' of Government Code Section 830 et seq, arid
hereby certify that I will adhere to the equirements of the Drug-Free Workplace Act of 1990
Date
rniql CAL)
Contractor
OA\
Signature of Officer
Typed Name of •"Eder
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K.SMILEY PUBIC LIBRARY ATTACHMENT NO, 2 TO AGREEMENT -1
EXTERIOR IMPROVEMENTS
05/10/02
T.7
$1199.00 PREMIUM IS FOR CONTRACT TERM AND SUBJECT TO AUG 2
ADJUSTMENT BASED ON FINAL CONTRACT PRICE
TILDEN-4:,
'- `NaSTRri-r-T,-ft
Bond No. AE 9489131'-
EXECUTED IN DUPLICATE
CONTRACT PERFORMANCE BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the CITY OF REDLANDS
(sometimes referred to hereinafter as "Obligee") has awarded to
*SEE 11 BELOW* , hereinafter designated as the "Contractoran agreement for the work
described as follows:
Exterior Improvements @ A.K. Smiley Public Library —Bid Category #6
(Hereinafter referred to as the "Public Work"' and WHEREAS, the work to be performed by the
Contractor is more particularly set forth in that certain contract for the said Public Work dated
8-6-2002 , incorporated herein by this reference;and
WHEREAS,the Contractor Is required by said Public works Contract to perform the terms thereof
arid to provide a bond both for the performance and guaranty thereof,
NOW, THEREFORE, we, American Sheet Metal Specialties the undersigned
Contractor, as Principal, and Gulf Insurance Company corporation organized and
existing under the laws of the State of Connecticut and duly authorized to transact business
under the laws of the State of California, Surety, are held and firmly bound unto the [
City of Redlands jObigee in the sum of FIFTY NINE THOUSAND NINE
HUNDRED SIXTY EIGHT Dollars ($ 59,968„c)0****** ), said Sum being not less
than one hundred (100%) percent of the total amount payable by the said Obligee under the
terms of the said Public Works Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounded Principal, his or Its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide hy, arid
well and truly keep and perform the covenants, conditions and agreements in the said Public
Works Contract and any alteration thereof made as therein provided, on his or its part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their Intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and
workmanship; and shall indemnify and save harmless the Obligee, Its officers and agents, as
stipulated in said Public Works Contract, then this obligation shall become null and void;otherwise
it shall be and remain in full force and effect. In case suit is brought upon thls bond, the said
Surety will pay to Obligee a reasonable attorney's fee to be fixed by the Court.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Public Works Contract or to the work to be
performed thereunder or the Spedfications accompanying the same shell In any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or to the Spedflealions_
*il — AMERICAN SHEET METAL SPECIALTIES*
CITY OF REDLANDS PERFORMANCE BOND - 1
A K. SMILEY PUBLIC I IBRARY
EXTERIOR IMPROVEMENTS
05/10102
No final settlement between the Obligee and the Contractor shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
Principal and Surely agree that If the Obligee is required to engage the services of any attorney In
connection with the enforcement of this bond, each shall pay the Obligee's reasonable attorney's
fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 13th day of
August , 2002.
PRINCIPAL.
American Sheet Metal Specialties
By: _ A
Cale
SURETY:
Gulf Insurance Company
/7--7
By, [/
Attorney-In-Fact Matthew R. Dobyns
The rate of premium on this bond is $20.00per thousand. The total amount of premium
charges, $ 1199.00
(The above must be filled In by corporate attorney.)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the
California Insurance Commissioner authorizing them to write surety insurance defined in Section
105 of the-California Insurance Code, and if the work or project is financed, in whole or In part,
with federal grant or loan funds, must also appear on the Treasury Department's most current list
(Circular 570 as amended).
CITY OF REDLANDS PERFORMANCE BOND- 2
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907
State of
ki.
County of - I
-, On ' , 44, .2„0.1.2_ before me, 0 . , d. kile_orit; Y2ittlt, P_,
OF IC
DATE NAME PILE OFFER E 0 'JA DOE,NOTARY PURL!
,
t 4 I: et-6 .personally appeared
NAME,01 OE SIGNER(S) t'x
ts' a personally known to me - OR - Li proved to me on the basis of satisfactory evidence
to be the person(e) whose name(e) is/are.
subscribed to the within instrument and ac-
knowledged
NI
"-I to me that he/she/they executed
the same in his/her/their authorized 6.4
capacity(i48), and that by hie/her/their v
ti,
0
) signature(s) on the instrument the person(s), vi
or the entity upon behalf of which the -I
PATRICIA A.FLOYD
person(s) acted, executed the instrument,
h..,- Nafory Public Carkinto
;;"
t 1 Weald?Countyj
WITNESS my hand and official seal.
vi
SIGNATURE OF NOTARY
N
OPTIONAL
-. tv
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent ,1
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ..
t
Li INDIVIDUAL tct
04..W.
t D CORPORATE OFFICER
R Ci
n
TITLE OR TYPE OF DOCUMENT o--
TritE(s1
,
tv ...i PARTNER(S)
0 LIMITED
E i GENERAL 64
6 ,_..1 ATTORNEY-IN-FACT
NUMBER OF PAGES ihq
TRUSTEE(S) PA
1 Li GUARDIAN/CONSERVATOR
ill Di OTHER:
A{ *
DATE OF DOCUMENT ,
.,.
SIGNER IS REPRESENTING:
NAME OF PERFFONFS1 OR ENT FTY9ESI
'444 I
SIGNER(S) OTHER THAN NAMED ABOVE
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C1093 NATIONAL NOTARY ASSOCIATION•836 Rernmet Aye,P.O.Box 7184.Canoga Park,CA 91309-7184
MIS IS A REQUIREJQJ3M
Any claims under this bond may be addressed to:
(Name and Address of Surety) Gulf Insurance Company
P.O. Box 12154
(Name and Address of Agent or Tempe, AZ 85284
Representative for service of
process in California, if Lesron Insurance Agency,Inc.
different from above)
1440 N. Harbor Blvd. , 1610
(Telephone number of Surety and Fullerton, CA 92835
Agent or Representative for service
of process in California) 714-441-2722
STATE OF CALIFORNIA )
COUNTY OF Orange )ss.
On this 13th_ day of _ August , in the year,2002, before me,
Mary Martignoni , a Notary Public in and for said state, personally appeared
Matthew R. Dobyns , known to me to be the person whose name Is subscribed to the
within Instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed
the name of the
Gulf Insurance Company (Surety)thereto and his own name as Attomey-In-Fact.
way c; IRS. ,, 7Y1.� �,r
` 1C1
kw) ip et c,, UCiota ` Notary Public In a for said State
Mg Comm to.Pas.11 ACM
Commission expires: 8-11-2003
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto.
Federal regulations (Code Sections 8041 and 6209) require non-corporated recipients of$600.00
or more to furnish their taxpayer identification number to the payer. The payer then in turn must
furnish Form 1099 to both the payee and Internal Revenue Service showing the total payments.
The regulations also provide that a penalty may be Imposed for failure to furnish taxpayer
identification number.
In order to comply with these regulations, we request your federal tax identification number or
social security number, whichever is applicable.
CITY OF REDLANDS PERFORMANCE BOND - 3
AK SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
Please complete the information below:
compANyNAmE American Sheet Metal Specialties
ADDRESS 1316 Agate St. , Unit B, Mentone, CA 92359_
Street City State Zip
•
PIPE OF BUSINESS ENTITY TAXPAYER IDENTIPIATION_#
Individual 05Q 1b32,
Sole Proprietorship Employer identification#
Partnership LIO " - Li
Corporation Social Security#
Other
rkm LiTh1C-1 . Date: j‘
Signature
Title QWk.i K—
Under penalties of perjury, I certify that the number indicated on this form is my correct taxpayer
identification number.
CITY OF REDLANDS PERFORMANCE BOND-4
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/I0/02
-FTA T�S
AUG 5
PREMIUM INCLUDED IN PERFORMANCE BOND f LDE+
Bond No. AE-94i 9 3#. :y
EXECUTED IN DUPLICATE
PAYMENT BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the _ City of Redlands
(sometimes hereinafter referred to as "Obligee") has awarded to
*SEE #1 BELOW*(hereinafter designated as the "Contractor'), an agreement dated:
8-6-200Z for work described as follows EXTERIOR IMPROVEMENTS @ A.K. SMILEY PUBLIC
LIBRARY — BID CATEGORY #6
(hereinafter referred to as the"Public Works Contract")and
WHEREAS, said Contractor is required to furnish a bond In connection with said Public Works
Contract,and pursuant to Section 3247 of the California Civil Code;
Now, therefore. we. American Sheet Metal Specialties _ the undersigned Contractor, es
Principal;and Gulf Insurance Company
a corporation organized and existing under the laws of the Slate of CT and duly aulherized
to transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the , City of _Redlands Obligee and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the California Civil
Coale in the sum of: •
FIFTY NINE THOUSAND NINE HUNDRED.SIXTY EIGHT Dollars($ 59,968.00**** )
said sum being not less than one hundred(100%)percent of the total amount payable by the said
Obligee under the terms of the said Public Works Contract, for which payment well and truly to he
made, we bind ourselves, our heirs, executors, successors, administrators, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCI I, that if said Contractor, his or its heirs,
executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any
materials, provisions or other supplies, Implements, machinery or power used In, upon, for, or
about the performance of the Public Work contracted to'be done, or to pay any person for any
work or labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due wider the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to he deducted, withheld, and paid over to the Employment Development
Department From the Wages of employees of said Contractor and his Subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties
hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise
the above obligation shall be void.
*11 - AMERICAN SHEET METAL SPECIALTIES*
CITY C)F REDtANDS PAYMENT BOND -
A.K. SMILEY PtlHt IC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
In case suit is brought upon this bond, the same Surety or Sureties will pay a reasonable
attorney's fee to be fixed by the Court. In addition to the provisions hereinabove, It Is agreed that
this hand will insure to the benefit of any and all persons, companies and corporation entitled to
serve stop notices under Section 3181 of the CMI Code, so as to give a right of action to thorn or
their assigns In any suit brought upon this bond.
The Surety, for value received, hereby.stipulates and agrees that no change. extension of time,
alteration or additions to the terms of the said Public Works Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall In any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or to the specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of
any beneficiary hereunder whose claim may be unsatisfied.
Principal and Surety agree that if the Obligee is required to engage the services of any attorney in
connection with the enforcement of this bond, each shall pay the Obligee's reasonable attorney's
fees ir'cuffed,with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ 13th day of
August ,2002.
PRINCIPAL:
American Sheet Metal Specialties
E3y: l r
GInsurance
SURETY: Company
By l
ale ,
Attorney-In-Fact Matt ew R. Dobyns
IMPORTANT: Surety companies executing Bonds must possess a certification of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, In whoie or in
part, with federal grant or loan funds, must also appear on the Treasury Department's MOM
current list(Circular 570 as amended).
CITY OF REDLANDS PAYMENT BOND -2
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
...
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5901
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State of
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County of - -
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,sil On
IeV 1 DATE
NAME TITLE OF OFFICER F 5.. E, E Poe NOTARY PUB, '
personally appeared
NAME(S)OF SIGNERS)
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k personally known to me - OR - proved to me on the basis of satisfactory evidence
.\- to be the person(s-) whose name(s-) isiafe
subscribed to the within instrument and ac- 1
tkknowledged to me that he/she/they executed
the same in hils/her/thcir authorized
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ti capacity(Les), and that by 144-siher/tr it
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
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person(s) acted, executed the instrument.
0 - - , Commision 4 '25?-05.4 ir,
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-- Notary PubrIc
Riverside
1 WC-emirs:I e 'sr Dee"44r2„„i" WITNESS my hand and official seal. .._
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tk, SIGNATURE OF NOTARY
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
*1 1
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER ...
NI TITIE(S) TITLE OR TYPE OF DOCUMENT
les i
% 0 PARTNER(S) I I LIMITED
ID-1
-i GENERAL
eel Al I ORNEY-IN-FACT NUMBER OF PAGES 'fr.
El TRUSTEE(S)
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GUARDIAN/CONSERVATOR
OTHER:
4.*8-
DATE OF DOCUMENT
,-
SIGNER IS REPRESENTING:
ki NAME OF PERSON,S)OR ENTITY(IESI
SIGNER(S)OTHER THAN NAMED ABOVE
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01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave. P0.Box 7184*Canoga Park.CA 91309-7184
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T1-11$1$A Rt;QUIF ED FORM.
(Name and Address of Surety) Gulf Insurance Company
P.O. Box 12154
(Name and Address of Agent or Tempe, AZ 85284
Representative for service of
process In California, if Lesron Insurance Agency, Inc.
different from above)
1440 N. Harbor Blvd. , #610
(Telephone number of Surety and Fullerton, CA 92835
Agent or Representative for service
of process in Caitbmla) 714-441-2722
STATE OF CALIFORNIA )
COUNTY OF Orange )ss.
On this 13th day of August , in the year 2002, before me, .
Mary Martignoni , a Notary Public in and for said state, personally appeared_
Matt1ew R. Dobyns , known to me to be the person whose name is subscribed to the
within instrument as the Attomey-In-Fact of the (Surety) acknowledged to me that he subscribed
the name of the
Gulf Insurance Company Sure )thereto and his own name as Attorney-In-Fact.
-igmtv VARY MAMMON!
C A1?,!�'S t ��
i0� •�` wore& It
Notary Pubic in ant or said State
(`
waw�►.a..wa it agin
Commission expires 8-11-2003
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto.
CITY OF REDLANDS PAYMENT BOND - 3
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
NV 1519
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
MN FRAN01SOO
AMENDED
Certificate of Authority
This L,to[asxm,Thgs,purarant to the rnrrggreces Cada of the starer o,Caltiamta,
GULP INSUB.ANQE COMPANY
KANSAS OI1r1, 1II13soui i ,organed wt.der the
laws of ItISSOURI ,salad to its Midas a f Incorporation or
other fundamental organizational documents, it hereby authorised to trmeeoct within this State.
tabfeot to all provisions of this Certiftoate.the following anent of truurenaer FIRE, 11AB.TNE,
Su�e]L, DISABIL,ITI, PLATE GLASS, LIABILITY, WORKF:Ilt3' C0I1I'ENSAITIvlr,
C lt1ON DARR7ER I+IABILI'PY, ROII,EE MID IIACIINBliI, BURfrLARX, BflINJEIl,
TEAM AND MIME AUTOMBILE, AILIOB.Ab`'P 11111 PILROIB,LAV!EOUS
to such classes ere now of may hereafter be Mated ated in the Inaunnk Latus of the State of CAtorrric,
Tim CCAl'rm,►ss it expressly conditioned am tlte holder hereof now and hereafter being in
full camplianee with an,end not In violation of cry,of the applicable laws and lawful rev kemoots
made under authority of d o lour of fly State of Caftforreta ns lenges arch law, or tequerements are
in affect and applicable,and of tach latae and fegtdramenfs nolo art, or may hereafter be changed
or amended.
In%was Warns,or,effective at of the_- 30th day
of August: _ ,19 I hove hereunto set
nqt hand and'caused my official sed to be aerzetd thfr_ Sot ti
�.; •
dal,of August ,19 83.
. • �-� , F
SV Pwev
Quellentlon with the Secretary of We must b4 abxonplisbed ru regtdred by the tbllfnrata Corpont40rt Cade
praesptlt efter bream of this Cettfa s of Audtatity.Fallrsre to do so kdU be a vtoMfon of lei Qvde Cee.Tai
nod will be recede forre,,ohing this Certificate of Aneborby format to t2,e oovenanb ,tittle to the cc/Apatite'
tlttretvr awl eta oo13/3111Vr 07111Aintd be eIn.
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•
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT BOND
NUMBER AE 9489131
POWER OF ATTORNEY
NAME ADDRESS
-OkIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
PRINCIPAL:
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE CITY, STATE, ZIP
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company, American Sheet Metal Specialties
a corporation duly organized under the laws of the State of Connecticut, having its 1316 Agate St. , Unit B
principal office in the city of Irving, Texas, pursuant to the following resolution,
Mentone, CA 92359
adopted by the Finance&Executive Committee of the Board of Directors of the said
Company on the 10th day of August, 1993,to wit:
"RESOLVED,that the President,Executive Vice President or any Senior Vice
President of the Company shall have authority to make,execute and deliver a Power
of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as
may be selected from time to time;and any such Attorney-in-Fact may be removed
EFFECTIVE DATE
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors. 8-13-2002
RESOLVED,that nothing in this Power of Attorney shall he construed as a grant
of authority to the attorney(s)-its-fact to sign,execute, acknowledge,deliver or oth- CONTRACT AMOUNT
erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
$ 59,968.00
any Senior Vice President,and the Seal of the Company may he affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and certified by facsimile signature and facsimile seal shall he BOND AMOUNT
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached." $ 59,968.00
Gulf Insurance Company does hereby make,constitute and appoint
^-^-"'"" Matthew R. Dobyns, Les M. Mantle ----
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its
behalf,as surety,any and all bonds and undertakings of suretyship,and to hind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,under-
takings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said
attorney(s)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed.
The obligation of the Company shall rfot exceed one million(1.000,000)dollars.
IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
/7"--;owANcE c..\\,,\i
GULF INSURANCE COMPANY
SEAL
„..ivivo- uci\cy--
STATE OF NEW YORK ) 1).
Lawrence P.Miniter
) SS
COUNTY OF NEW YORK ) Executive Vice President
On the 1st day of October,2001 A.D.,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say;
that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation
described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such cor-
porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order.
/7...,,,,,N-tAabi,K6(,„"--
I 0-1-'lli? Qr., 44 traLdia.4
0
cn
' -4 ANG1 1AHAB R-BEGAZO
7 4, 0 CC Notary Public,State of New York
No.0IMA60199118
STATE OF NEW YORK ) Or NO
Qualified in Kings County
) SS Commission Expires February 16,2003
COUNTY OF NEW YORK )
I,the undersigned,Senior Vice President of the Gulf Insorriocr Company,a Connecticut Corporation,IX)HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force.
Signed nd Seal
111 Hi I t 1/11/181 1 0V70 -01_, s
( ZIvcc,2,V, -m \
I
13thday of August ,20 02
I SEAL Dated the
AE9489131 1372102
(
George Biancardi
S‘mM.-VieP PrecirlPnll
Tilden-Coil Constructors, Inc.
3612 Mission Inn Avenue
Riverside, California 92501
909.684.5901 - phone
909.684.0725 -fax
August 14, 2002
To: Mike McCabe From: Cindi Norton
Company: American Sheet Metal Page(s): 2 (including cover sheet)
Fax: 909.794.6084 Re: A.K. Smiley Public Library
Phone: 909.794.7010 Exterior Improvements
Mike:
When your contract was sent out on the above referenced project, the
Attachment No. 2, Drug-Free Workplace Certification, was printed without
a place for signature.
Attached is a new second page, with a place for signature. Please make a
copy, replace this page in both copies of your contract, and wet-sign both.
If you have already sent in your contract, please make a copy of this page,
wet-sign both of them, and mail them to me. I will replace them.
If you have any questions, please contact me at 909.684.5901.
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cc: Dayne Brassard, Project Manager/TCC