HomeMy WebLinkAboutContracts & Agreements_43-1994_CCv0001.pdf Correct date: 11/15/94
AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of October ., 1994, 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
GRAHAM CONTRACTORS INC
a partnership consisting of
or an individual trading as
of the City of County of
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:
Construct Asphalt-Rubber Chip Seal on various City streets as shown and/or as
specified in Contract No. 01-3014-2880.
Construct Type II Slurry Seal over Asphalt-Rubber Chip Seal (Cape Seal) on various
City streets, all as shown and/or as-specified in Contract No. 01-3014-2880.
2. THE CONTRACT SUM: $3 7 4 , 9 0 0 . 0 0
3. TIME FOR COMPLETION: The work to be completed within thirty (30)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.
CD-13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
(SEAL)
City of Redlands
(Owner)
Mayor, City of Redlands, County
of San Bernardino, California
ATTEST:
Cityt €tr City of s
Cou of Sari Be '' d` o, California
(SEAL)
Graham Contractors, Inc.
Z_ Name of Contractor
BY'
Signature of Authorized Agent
President
Title
Signature of Authorized Agent (if necessary)
Title
al
315789
Contractor's License No.
w CD-14
BOND #11114288386
P PERFORMANCE B&6"*- $2,249.00
KNOW ALL PERSONS BY nIESE PRESENUS
That GRAHM CON'TRACTORS, INC. as Contractor. and
THE ICAN INSURANCE COMPA as Surety,are held and firmly bound
unto the City of Redlands, hereinafter called City, in the sum of
THPLEE HUNDRED SEVENTY FOUIR THOUSAND NINE 1PUIRDRED & NO/1001Sdollarg, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrator, 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. 01-3014-2880.
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 form
and in effect-until 90 days after completion.
PROVIDED, that any alterations in the work to he done or the materials to he furnished,
which may be made pursuant to the terms of said contract,shall not in any way release said
Contractor or said Surely 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 extension-, of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this 2210day of NOV 1L1994.
GRAHAM
COQ MCTORS, THE AYN INSURANCE
INC. (SEAL) COMPANY (SEAL)
(Contractor) (5urety)
(Signature) JSig tre)
JODY A. JOHNS02-1, ATTORNE—YIN-FACT
Address-P-0. BOX 193136
SAN FRANCISCO, CA 94119-3136
Telephone No15j541-4262
(Sea)and ricnat-tal-Admtasted gmeast of Surety)
CD-15
`CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907
Mate of CALIFORNIA
County of SANTA. CLARA
On 11/22/9+ before me,
JEAN L. NEU, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G..'JANE[JOE,NOTARY PUBLIC"
personally appeared
JODY A. JOHNSON
NAME(S)OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name{s} is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity{ies}, and that by his/her/their
e
signature{s} on the instrument the person{s},
MEAN NEU
c or the entity upon behalf of which the
= _` ° " person{s} acted, executed the instrument.
F 4
AAy Comm.. Explwes AsxC
WITNESS my hand and official seal.
Ak
_W SIGNATURE OF NOTARY
a
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
Cl CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
El PARTNER(S) C1 LIMITED
1:1 GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE{S}
El GUARDIAN/CONSERVATOR
OTHER-
DATE OF DOCUMENT
SIGNER IS REPRESEITII,G:
NAME OF PERSON(S)OR ENT"OES)
- SIGNER{S}OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.0,Box 7184-Canoga Park,CA 91309-7184
BOND #111I9288386
-- LABOR AND MATERML BOND PRE_MILTM: INCL,. IK P'??FORMANC
BOND
KNOW ALL PERSONS SY THESE PRESENTS
That GRAHAM CONTRACTORS, INC.
THE AMERICkN INSURANCE COMPANY as COntractor, and
the Girt' of .Redlands, hereinafter called Caty, in the as sum are Of held and
firmly� SEVENTY
-unto
FOUR THOUSAND NINE HUNDRED & NOJ100'S doIla.rs for payment of which "M well and
truly to be made, we
btnd ourselves, our heirs, eXecutors, administrators, surxx-noM and
assigns, jointly and severally,- Y, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the
contract with said City, to perfiarm all work required under the CiContract annexed
No. 01-3014-2880, t}rs
NOW, THEREFORE, if said Contractor, or Sub-Contractor, fails to
pay for
etiuiprneut, or other supplies, ar for rental of same, used in connection withany theperformance of work contracted to be done, cur for amounts dine under applicable Mate 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 snit is brought upon this bond, a reasonable
attornev's fee to be fixed by the court. 'Phis band shall inure to the benefit of a
ny
Companies, or corporations entitled to file claims under applicable State laand wiilp ems,
w
in force until 90 days after completion. main
PROVIDED, that any alterations in the work to be done or the materials to be
which may be made pursuant to the terms of said contract shall not is famished,
either said Contractor or said Sure t' anY way release
under the pRcwisions of said contract release thereunder,
rrsaaishall any on extensions of time granted
notice of such alterations or extension of the Contzact is hereby ctar or said Surety, and
waived by said Surety.
SIGNED AND SEALED, this 22NDday of NOVEMBER--., 1994.
GRAHAM CONTRACTORS THE AMERICAN INSURANCE
INC. (SEAL) COMPANY
(Contractor) (SEAL)
{Surety}
i
(Signature)
(Si atu )
JODY A. JOH"TSON, ATTORNEY--IN-PACT
Addreu:P.O. BOX 193136
SAN FRANCISCO, CA 94119-3136
Telephoft 415 541-4252
(Seal sari Notarial Acicuo%4edgmcnt crf Surety)
CD-l6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5947
State of CAI [Mg NI e
County of SANTA CLAIA
On 11/22/94 before me, JEAN L NEU, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G_,`.LANE DOE.NOTARY PU8L€C'
personally appeared JUDY A. JOHNSON
NAME(,S)OF SIGNER(S)
personally known to me - OR - �� proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
� signature(s) on the instrument the person(s),
" + JEAN L. or the entity upon behalf of which the
5<
g -
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
E
y
SIGNATURE OF NOTARY
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Trn.E(s)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) EJ_ LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) NUMBER OF PAGES
1 GUARDIAN/CONSERVATOR
El OTHER;
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF PERSON S)OR ENTrrY(IES}
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
GENERAL
POWER OF
ATTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha,State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint RICHARD S. SVEC, JOHN J.
SMREKAR, JODY A. JOHNSON and PIERRE LE COMPTE, ,jointly or severally
SAN jOSE CA
its true and lawful Attorneys}-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,undertaking,recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
"Article V11.Appointment and Authority of Resident Secretaries,Attorneys-ill-Fact and Agents to accept Legal Process and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Directors, the President, any Vice-President or an other Person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from y
Attornen-Fact to represent and act for and on behalf of the Corporationtime to time,appoint Resident Assistant Secretaries and
Corporation. and Agents to accept legal process and make appearances for and on behalf of the
Section 46.Authority The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing
their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary; and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
be hereunto affixed this 12th day of February 1993
THE AMERICAN INSURANCE COMPANY
STATE OF CALIFORNIA
COUNTY OF MARIN ss.
Otithis 12th day of February 19--1-3 ,before me personally came R. D_ Farnswort h
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN 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 instrument is such co
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. rporate
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
OFFIC!AL tit; TA-RY SEA! I
KRI-
C-3;.;ftfmla
aw"y P U b I ikc
'�--LNTV
i:X- VA Pi 20,19 3-5 CERTIFICATE
v.
STATE OF CALIFORNIA
COUNTY OF MARIN SS.
1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, HEREBY CERTIFY tthe the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article DO VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Dated the 22nd day of NOVEMBER 94
Asssiigant S"mary
360712-TA-6-90(REV)
ruv–dd-1 V':�4 10:26 FROM W I LL I S CORROON TO X33633 P.02
illi T Corroon
Corporation
..– ..... ... 9 4
w' >M• ~ v
146 THt3 CERTtFICA TE IS ISSUED AS A
oration of San Joss CONFERS NO RIGHTS UPON THE CE loci—""c' AND
0 ogy K600 DOES NOT AMEND. EXTEt�lfJ OR ALT THE
San Jose CA 95110 POLICIES BELOW �L{, �n
(408) 452-7556 j COMPAMES AFF
�� A Fireman's Fund Insuram __..-__
Contact c Joyce M. Hdneriah
WAW American insurance Cor
Graham Contractors, Inc. i �PaWYr C Fremont Compensation Company
P. O. Box 26770
San Joss CA 95159 + wwv D
OCWAW
iLai E
,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOA THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY AEQUMEMENT,TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 9E!ISSUED OR MAY PERTAIN,THE NSURANCE AFFORDED BY THE POLICIlCS DESCRtBTD HEAEIN fs tt1S.JECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS Of SUCH POLICIES.LUTS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAOy4.
cot
TYPE Of M18URANOf _ —
t711{ i POL14Yg1111Aa61 D � yPOLICY �►D�(UP►�,L/OD�YY) LMRs
000MAL LIASIL Y j
, i 9&04 A"KGATEi f _ 2,000,000
X !tOIAAeTKLAt atrAl uAgFuiv tleaovcTS-COAAp/OP Apo. S _ 200000
, , 0
i I
dAIMS MAGE XI OtCU1i. P6ISONAI i AoV. •
"LW 1,000,000
A OVn+ER s a corrrLracrdl s "OT. OXX80591468 01–APR-19$4!01–APR-1895, ACH .s
1,000,000
FIR OAMACE (An eye nt.) s 50,000
AvroAroalLt uAallm �
COMS!"M SIWGU
i X Aw AUTO UM+T s 1,000,000
ALL MVmtb AUTOS --
__ SC KMEO AUTOS j I IsoaPr Nl MAr1
t I(Pw v«eat) j_
XB X MAM AUTOS i OXAS0138698 01–APR-19941I
01–APR-1995 i�Ilr i s
�kVWMWI) AUTOS I I (Pet eedeentl
I$A"% UWUTr i I
PRDVERTT DAMAGE _
I i
i..sl QM LIAsu m i ! EACH oaxa cE a
_II I NA FARM ; i s
1O7►tER EN TNAt+ IAB lA F � APIOWATEI .. _...
rMOR1m11� � i j i STATUTOM UNITS
C i
AND WP945783001 101–APR-1994`01–APR-1996 EACH LMXW s 10 0"
—.wLOV5RvLIAaLrrY ` OLSEABE-POLICY UWT s 1,t000000
oTuaR .
s
i
DESORPTION Of OI�rATIONfA OCATIQMa/VfF►r���
THIS CERTIFICATE MAY BE RELIED UPON ONLY IF THE DESCRIPTION OF
OPERATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACHED HERETO.
---------------
-rr SMOULD AMY OF TM ABOVE DUCPAM AOUCKS 99 CANC.O.Up 96FORE THE
w EXPRATION DATE TMMW. T1E JOSLING COrMPAWr WLL 00EAVOA TQ
MAR_4!S DAYS WSMTm NOTIM TO THE CMTMATE HrOLCIER INAfwAD TO TME
City of Redlands E LEFT, aUT FALLME TO MAL $UCM NOTICE SHALL Dg.O" NO OSUOATION OA
P.O. Bale 3005 ""UASILrrr OF ANY KaND UPON T}E CO%OANV,r►S A<NENTf OR REPMSENTATTVUS.
Redlands CA 9237J. ay�OR� A
NOV-22-1994 1027 FROM WILL IS CORROON TO 2933633 P.03
"` )tILJI aH►ta(MI1001YY1
W!LL!S
21-NOV-1994 p
146 TM C11AWiCATE iS ISSUED A A MATTER OF �IFp�T N OMPA TE
Willis Corroon Corporation of San Jose CONFERS MO OUGHTS UPON THE CERTIFlCATE LO CER A
1735 Technology Dr. #500 DOES NOT AMIENO,EXTEND OR ALTER THE COVEilAOE AFFORDED ZY THE
San Jose CA 95110 POX' RIELOW.
(408) 462-7565 COMPANIES AFFORDING COVERAGE
A Firr«n&W4& Fund inawance Company
Contact . Joycf M. Honerlan
croWAW 9 Antericam Insurance Company
_-- - LETMR
Graham Contractors, Inc. I CCWAW � Fremont Contp*msation Company
O.
P. tox 267'70 Lonp
San Joss CA 85159 OOWWY D
l.Gtw
E _.
THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY eE RELIED UPON ONLY W THE CERTIFICATE
REFERRED TO HEREIN IS ATTACHED HERETO.
Certificate Holder : City of Redlands
Re: 1994-1995 Paving Program, Contract No. 01-3014-2880; CACI #094219
It is agreed the certificate holder Is included as an additional insured as
respects general liability, but solely regarding worX being performed by or on
behalf of the named Insured in connection with the project described herein.
NOU-22-1994 10:28 FROM WILLIS CORROON TO 2933633 P.04
POLICY NUMBER: DXX80591466 COMMERCIAL GENERAL LIABILITY
This endorsement changes the policy. Please read it carefully.
ADDIT2ONAL INStfR= - OWNM, L,ESSESS
OR CONTTACTOR.S (FORK B)
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part.
SCHEDULE
Name of Peraoa or orgaa,isation:
City of Redlands
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to
this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured
the person ox organization shown in the Schedule, but only with
respect to liability arising out of "your work; for that insurtd
by or for you_
Re: 1994-1995 Paving Program, Contract No. 01-3014-2880
GCI #094219
CG 20 10 11 85 Copyright, Insurance Services Office, Inc_ . 3984
TnTA1 P Rd