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AGREEMENT
THE AGRE�NT, made and entered into this 16th day of July, 1996, byand between the Ci
of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California
hereinafter referred to as the "City", and
CALIFORNIA ENGINEERING & GRADING INC
a partnership consisting of
or an individual trading as
of the City of F)NTANA , Count of
State of California, hereinafter referred to as the "Contractor".
AN $FF2Nz�zanrn,n
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.
t To perform grading and construction of improvements at Hillside Cemetery, complete, all as
shown, specified, and made a part of Contract No. 62-7001-4150.
2. THE CONTRACT SUM OF: **$342, 445 . 00**
3. TIME FOR COMPLETION: The work shall be completed within sixty(60}work days the date of the Notice to Proceed. Y from and after
4•
herein, to wit; Notice inviting Bids, Instructions to Bidders, Proposal and Bid FoCONTRACT DOCUMENTS: The complete Contract includes all of the contract documents set forth
rms, Bid Bond,
Agreement,Performance Bond, Payment Bond, Plans and Specifications,all referenced specifications,and
any Addenda thereto.
5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or
conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be entitled
to recovery of its reasonable attorney=s fees.
6. DEFENSE OBLIGATION: T"ne Contractor shall defend the City, its elected officials,officers,agents,
and employees from and against any and all claims, losses, damages, and causes of action,including death,
brought by any person or persons for or on account of any wrongful or negligent act or ommission of the
Contractor,its employees or agents in connection with the performance of the Contractor=s obligation under
this Contract.
7. INSURANCE: All_policies of insurance.required by this Contract shall name the City, its elected
officials, employees, and agents as additional insureds, and such insurance shall be primary with respect
to such additional insureds and non-contributing to any insurance or self-insurance maintains bye
additionalinsureds,
CD-16
g
a I1!' WITNESS WHEREOF
the parties hereto have executed this Agreement in duplicate an the day
and year first written above.
>� m
a
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CITY'S SEAL
t
By.
Acting Mayor, City of Redlands
County of San Bernardino, California
ATTEST.
F
City Cl , City of R
Coir of San Bemardino, California
CALIFORNIA ENGINEERING & GRADING, INC.
Name of Contractor
_ CO)WRACTOR_S SEAL Bv:
Signature of Authori gent
Signatory's Title
Signature of Aut prized Agent (inecessay)
Signatory's Title (i esecessary)
Contractor's License No.
CD-17
:*0
6-7.3 Contract Time Accounting - Amend as follows:
"... a written protest withinW n ar days
y
.� �� y after receipt, ..."
4
6-9 LIQUIDATED DAMAGES - Amend as follows.
First Paragraph - ".,, it, the sum as shown below, unless otherwise ...
Second Paragraph - ",., and Contractor that=per 9&—ndg day is the minimum ..."
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE - Amend as follows:
Add the following sentence to paragraph 1:
The policy shall be issued by a responsible insurance company authorized to do business
in the State of California and acceptable to the City of Redlands.
Replace paragraph 2 with the following:.
The Contractor shall provide acceptable insurance coverage in the following minimum
limits:
ALL GENERAL CONTRACTOR
Bodily Injury............................... 000,000 each person
$1,000,000 each occurrence
$1,000,000 aggregate products and completed operations
Property Damage - Auto................. $200,000 each occurrence
Property Damage - other than Auto... $200,000 each occurrence
$250,000 aggregate and all other
ALL OTHERS REQUIRED TO FILE FOR OTHER REASONS
Bodily Injury......................... 2
....,. $ 50,000 each person
$500,000 each occurrence
$500,000 aggregate products and completed operations
Property Damage - Auto............... $200,OW each occurrence
Property Damage - other than Auto... $200,000 each occurrence
$250,000aggregate and all other
Delete paragraph 3.
Amend paragraph 5 as follows:
... in no event less than 4 W ndar days before expiration ..."
7-4 WORKER'S COMPENSATION INSURANCE - Amend paragraph 3 as follows:
N #
... mail not less than 4 I n days before expiration ..."
CP-
i
WORKERS' COMPENSATION INSURANCE STATEMENT
K 1, the undersigned and authorized agent for the Contractor, am aware of the provisions of Section 3700
of the Labor Code which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work under the City's Contract
No. 62-7001-4150.
CALIFORNIA ENGINEERING & GRADING, INC.
Name of Contractor
By:
Signature of Authori A ent
Signatory's Title
Contractor's License No.
CD-18
3
EXECUTED IN TWO COUNTERPARTS
BOND# 141512806
PREMIUM: $4,109.00
F ORMANCE BOND
KNOW ALL PMONS BY THEME Pi2,FSENTS
11W CALIFORNTA F'I'1GINEER.ING & GRAL7TNG INC
as Contractor,
ad AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
aras Surt;ty,
e held and fism1Y bound unto the City of RMIands,}acres,f er «i City, i�the sum of
THREE HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS & N01100� ,
{$342,445.00
for tho payment of which balm well and truly be nacre, we bind ocuselves, our , executors,
and MiM,jointly and Iy. firmly by these presents. motors.
WHEREAS, said Contractor Inas been awuded and is about to enter into the annted contract with said City to
Perform all wont required under the City's Contract No. 62-7001-41SO.
NOW, ° 11130"ItE, if said Contractor shell perform all of the reguirements of said
peribrmed on their p,arL at the tinea and in the manner specified therein,then this obli contract required to be
otherwise it shall r in.full force and in of Ys at until 90 da after cormgktionpati shall be null and void,
.
PROVIDED, that any alterations in the work to be dont Or 1114 materials to be f misled, which may be made
Pun aot to the trams of said contract,shall not in any way relea$e either said
nor shall any extensi of timre granted under the Cdmuwuw m said Surety thereunder,
ct
Surety. and notice of stub aIt4zatioas ore extensions of the coubwt s hereby waived bContra Me&=y�said actor or said
V.
SIGNED AND SEALED, this _Z4 H. ,may of JtTLY
2996,
CALIFORNIA ENGINEERING AMERICAN CASUALTY COMPANY
& GRADING, INC. (SEAL) OF READING, PENNSYLVANIA
Principal (SEAT.,)
suirety
t
Y 7`
Si By:
SignMfe DIANA LASKOWSKI
ATTORNEY-IN-FACT
Address: 1800 E. IMPERIAL HIGHWAY
BREA, CA 92821
Telephone: 255-2200
( eat aM N Ackiw-kd of Surtey}
CD
-19
CALIFORNIA ALL-PUnpoSE ACKNOWLEDGMENT
FOn -24-96
OF CALIFORNS.A
COUNTY OF ORANGE
j before me
KAREN CHANDLER - NOTARY PUBLIC
i
personally appeared DIANA LASKOWSKI
known to me to be the person whose name iser subscribedo ally
within instrument and acknowledged to me that she executed tthe
he
same in her authorized capacity, and that by her signature on the
instrument the person or the entity upon behalf of which th
person acted, executed the instrument, e
WXTNESS my hand and official seal .
y s O E
t�� rCare� Chane
Si a re of No ary Public t` Ccmm_#10
n
NCTARY PUBLIC CALIFORNIA G)
ORANGE C-0UpITY
F wComm.ExP March 27,2000.a
OPTIONAL
Though the data below is not required by law, it may prove valuable to
and could prevent fraudulent reattachment of this form ersons
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE OR TYPE OF DOCUMWT
NUMMm OF PAGES 1 DATE OF DOCfT •
7-24-96
C"ACITY Cr•A22-ED BY SIGNER
❑ INDIVIDUAL [] CORPORATE OFFICER
TITLE(S)
❑
PARTNER (S) %❑ ATTORNEY-IN-FACT [] TRUSTEE (S)
❑ OTHER:
SIGNER IS REPRESENTING: AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
NRME OF PERSON(S) OR ENTITY(S)
EXECUTED IN TWO COUNTERPARTS
BOND# 141512806
PREMIUM: INCLUDED IN
PERFORMANCE BOND
PAYMENT ]BOND
KNOW ALL PIMSONS ]By TW SE PRESENTS
That CALIFORNIA ENGINEERING 6, GRADING xNC.
as Contracte�r,
and ' AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
--------—as Surety,
are held and firl"'Y bound unto th6 City of Redlands, hereinafter Odle d City, in the sttra of
THREE HUNDRED FORT(-UO THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS 6 NOJIOO
($342,455.00) dollars,
"or the P&Yzmt Of which sum well and truly be made, we bind Ourselves,
successors- and assigns,jOinflY and severally,firmly by them presents. our heirs. Mecutors. administwors,
WMW-4S, said Contractor has been awarded And is about to
perform 90 work required under the City's Contract No_ 62-7001 eater into the=Nxed Qmtrwt With said City to
41SO.
NOWI 11ilDR-MME, if said CAmtractor, or Subcontfamr, fails to pay for any materials.equipment, of other
amounts duenr
under Wxm01ifc&==b1e7S'taatseedxiwa connection with
the
Pedortumce Of wont wnmcftd to be done, or for
supplies. or for
for any work or labor themn. said Safety
Inount, not "ceieffing the sum specified above, and. in the event suit is brOO& U Will PRY for the same is an
2401UPY's fee to be fixed by the coarL pan this bond, a reasonable
Phis bond ,;hall inure to the benefit of imy persons. companies, of
corporations
entitled to file claims under 8PPlicablc State law and will r fimm til day
completion. ll CMAi3M in un 90 g af Lr
PROVIDED, that any alterations in the work to be done or the materials to be f
Pursuant to the terms of said contract,shall not is a uzaished. which may be nu&
nor shall any extensions of timc granted under tb nay WZY release either said Conbactor or said Surety thereunder.
sof the r
Surety. and notice of such Alterations or mtensi(me Provisions of said contract TQ"W either said Contractor or said
contract
is hereby waived by said Surety.
SIGNED AND SEALED, this 24TH day of JULY 1996.
CALIFORNIA ENGINEERING
&. GRAD NG IN AMERICAN CASUALTY COMPANY
Principal (SEAT.,} 0 41A (SFAL)
Surety
Si
Me By:
Si
Signature DIANA LASKOWSKI
ATTORNEY-IN-FACT
Address: 1800 E. TMPVDTAT HIGHWAY
BREA, CA 92821
(StAl And NmArial Ark—ledx-mu orsumty) Telephibne: (_LL4 j 255-2200
CD-20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF OA.LXFORN'XA
COUNTY OF ORANGE
on-7-24-96 —before me, KAREN CHANDLER - NOTARY PUBLIC
personally appeared DIANA LASKOWSKI personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITPESS my hand and official seal .
Kr2&2iae ae
sig6abifre of Notary Public
3'm #10763'�mlgj 17
C' CALWOMMAL")
=i 0MM. XP_ rc 27,2u
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.
DESCRIPTION OF ATTACKED D{Cti►MWT
PAYMENT BOND
TITLE OR TYPE OF DOCUMENT
NUMBER or PMNs 1 DATE OF DOCUMENT 7-24-96
CAPACITY CLA130D BY SIGNER
❑ INDIVIDUAL CORPORATE OFFICER
TITLES)
Q
PARTNER(S) Q ATTORNEY-IN-FACT TRUSTEE (S)
OTHER
SIGNER IS REPRESENTING: AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
NNAME OF PERSON(S) OR PryT17'.,.(S)
of Reading, Penn~ --�'_-�
-°_--'.~~
|
For All the Commitments you Make-
Offices/Chicago,Illinois
wke^Offices/Cmcago,minois
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEYAN_FACT
Know All Men hVthese PvmmmntS, That AMERICAN CASUALTY COMPANY OFREAD|NGPENNSLVAN|A aoxpoetimod |
existing' under_ the ==v of the Commonwealth of Pemnsy|van.a, and having its 'princ'~�' ��ow 'in ihe Ci� u»o'�m�edaod
mm��ofUUmn does hereby make,constitute and appoint Aavid L. Culbertson-, 'p~ y m ch^and
of
Anaheim, California
� other obligatory ws r"on- / ��-iwith~~^rell "~~e' and=ut»»'uy hereby comnmr�d 0os�n. �a(and ex�u�in its behalf bonds, undertakings and
�
'
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such
signed by the duly authorized
` pursuant to the authority , �officers�rof �- �~^' ` w~ x�«»/mu. pEwN�vLVAN|A and aU ��p a�s of /-'- —wer~
This Power of&�n,n�yixmadean�emsu� 'hereband confirmed. Attorney,~
�
the Company: =opvrsuanttuandbyavthurhrnYtoeho|lowingBy'Lawduly Directors
~A,Mc|m VI-Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointmentof Attorney-in-fact.The President orVice President may,
ection2.Appoirtmen$nf/t|orney'in'fac1ThePresidento,YicnPresinmntmay'fmmt|meth
me'appu'—t-hywrdte»uert�
i0
catesatto,neysi 'fact t«act mbehalf»fthe Company inthe execution ofPolicies ofinsurance, hmndn' undertakings »dother obligatory instruments of /ikmnmtw'e, Such attorneys-in-fact, -b�r' '�- —'`~^~'" "�' forth in their respectivece�»icates f u*h ~ '-'-`~/uUpmnmr'obindmmCumpanyty their s�natunea "execution w any such instruments and to attach the seal ofthe Company thereto. ThePresident u,any Vice or the BoardcvDirectors may"` any time revoke all power and authority previously given moany anu,ney-in-acc This Power of Attorney is signed and seated by facsimile under and by the authority of the following - -'iom adopted by the Board of
Directors - -_m~.." .^..~= g""./ called and held onthe }2m day o(November, 1966:
"Resolved,that the signature o/the President oraVice President and the seal mathe Company heaffixed o/
rney granted pursuant to Section 2 of Article V1 of the By-Laws. and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by fascimile to any certificate of any such power, and any Power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and seated shall, with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Company."In Witness Whereof, AMERICAN CASUALTY COMPAN EADING, PENNSYLVANIA has caused these presents to be signed by I President and its corporate seal to be hereto affixed this day of_ FeCiruary Vice State of Illinois AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA County of Cook ss JE. Puitell Vice President On this 20th day of F J. E. Purtell. to me known, who. being by me duly sworn. did depose and say: that he res; 987 . before me Personally came Ides in the Village of Glenview. State of Illinois: that he ;s a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described in the which executed the above instrument: that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal, that it was so affixed acknowledges`""= `" u�,n�mz and deed m said corporation, - - signed� his 'a^= thereto pursuant to like authority. and
UJA.
NOTARY
PUBLIC
co
— - L,)
Leslie A. Smith Noiay_Pubbc
iary CERTIFICATE Nv Commission Expires November I2 O
ERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. do certify that the Power of Attorney
herein above set forth is still in force,and further certify that Section 2 of Article VI of the By-Laws of the Company and the Resolution of the Board
of Directors, set forth in said Power of Attorney are still m force. In testimony whereof I have hereunto subscribed my name and -3ffixed t e e
the said Company this 24TH day of JULY 19_�L6 s af of
8-23142� �
/r--t E. ',~ ~'~~'~^~^^ S~'=~'r,
/NV. NO, G'57442'A
NOW
AC-ORil. DATE 00000 !
rr
THIS CERTIFICATE IS ISSUED AS A MATTER INF01iMATtOl1
Staab Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFlCATE DOES NOT AMM 1"rICiEND OR
1601 E.Chapman Avenue ALTER THE COVERAGE AFFORDED 8Y THE ROUCIES BELOW.
Fullerton,CA 92631 COMPANIES AFFORDING COVERAGE
IA CNA Inawance
California Eng& c$.uvr
Grading Inc. ,aw
14032 Santa Ana A" a
Fontana,CA 92337 �- C
CJw Co
THIS IS TO CEJiTIFY THAT THE POLICIES OF DISURANCE USTEO BELOW HAVE BEEN SLUED TO THE PNSURED NASD MOVE FOR THE POLICY PERIOD
MKHCATED,NOTIMTHSTANDING ANY REOUMMENT.TERM OR CONDITM OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CEIVIVICATE MAY BE DIED OR MAY PERTAK THE INSURANCE AFFOROW SY THE POLICIES DESCR D HEREIN IS SUWECT TO ALL THE TERMS.
EXCLUSION$AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCM BY PAID CLAIMS.
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RE: HILLSIDE CEMETARY. CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED
AS RESPECTS THE GENERAL LIABILITY POLICY PER ENDORSEMENT ATTACHED.
REPLACES&VOIDS CEItTwICATE ISSUED 7124196.
IN-MAQ1
ANT of 7MAODYE DlOC K C�ANtVLLED TIM
CITY OF BEULANDS
P.O BOX 3005 VIVIR TIM 04,11 114MAW Tw "MRS" Co pAwr WILL PI sm
REDLANDS,CA 92373 -41--OAPs watM Nor"7o TK MAMACATE"W-OW WOO'M TRE LEFT,
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