HomeMy WebLinkAboutContracts & Agreements_127-2002_CCv0001.pdf CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
CONTRACT
BETWEEN
THE CITY OF REDLANDS
AND
"PRIME CONTRACTOR"
PAINTING THE TOWN, INC.
AEC EIV -P;
CM01 REDLANDS AUG I 2002
K.SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10102
TILDEN4;013,,,
42.4?
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 Painting The Town, Inc.
(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:
CITY OF RI DI ANDS CONTRACT - 1
A K Ll PI BE IC LIBRARY
EXTERIOR IMPROVEMENTS
u5 I o 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#10 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 Eighty-Five Thousand Dollars and No Cents ($85,000.00), 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
cn y Of Kt IA ANDS CONTRACT - 2
A K 5,M11 EN PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05 I 0 0:
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.
3.7 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.
(Hy OF RE DI ANDS CONTRACT 3
K SMIt rninr,ic LIBRARY -
LIMA IMIRDVEMI3NTS
0,1{1 u3
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
Painting The Town, Inc. Inland Surety
3683 Adams 4371 Latham St. , Suite 201
Riverside, California 92516 Riverside, CA 92501
Attn: Gary L. Rawlings Attn:
President/CEO Julia Leonard
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
Painting The Town, Inc.
By: frt •
By . . /
Name: Gary L. Rawlings Na Susan Pep el-r, Mayor Pro Tern
, -
President/CEO Attest: t:
Title Title/ Lorrico zer, City Clerk
Tax LD. Number: 33-0610809 APPROVED AS TO FORM:
License: C33 - 689330 By: ka) fl
Dart11
• cHugh
Counsel, City of Redlands
CITY OF RI MAWS CONTRACT - 4
A K S1ILFY(CBI IC LIBRARY
I RIOR IMPROVEMENTS
(r5 lu u2
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:
Painting The Town, Inc.
By:
Signature Signature
Gary L. Rawlings
Name
President/CEO
Title
Date
CONTRACT (EXHIBIT A)
CITY OF RI DI ANDS
AK,SNIILLY PUBLIC LIBRARY
Exterior Iiiipr000iiieiiIS
07/02102
' ^ ^
' ^
. ~
ATTACHMENT NO. I TO AGREEMENT
BIDDER'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Every employer, except the 8tate, 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/adons, a certificate of consent to
38|f'iDsUn3. which may be given upon furnishing proof satisfactory to the Director of
Industrial Relations, 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 it3e|f),
by securing from the Director of Industrial Relations, 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 pnoper|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
oornpenaatiVn, 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 5700 of the Labor Code, which require every
ernp|oyer, including sub-contractors, 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.
Painting The Town, Incorporated
Contractor
/
SiUnOtU[8�_`
qfDfh��F
Gary L. Rawlings, President/CEO
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
05/10/02
v ^ ^
. ~
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 uUdition, 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 contnacdng, 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 nmnnutscture,
disthbution, diapensabnn, possession or use of a controlled substance is prohibited
in the person's or organization's workplace and specifying actiOna, 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 alcohol) workplace.
3. The availability of drug oounse|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 undensigned, 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
ILLAJLN ,UIL PAGE 02/02
-•
I also understand that if the OWNER determines that I have either (A.) made a false certification
herein, or (B.) violated this certification by failing to carry out the requirements of Section 8355,
that the contract awarded herein is subject to termination, suspension of payments, or both. I
further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may
be subject to debarment in accordance with the requirements of Section 8350 et seq.
I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq, and
hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.
August 14, 2002
Date
Painting The Town, Incorporated
Contractor
Signature of Officer
Gary L. Rawlings, President/CEO
Typed Name of Officer
CITY OF REDLANDS DRUG-FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO, 2 TO AGREEMENT -1
EXTERIOR IMPROVEMENTS
05/10/02
ISSUED IN FOUR ORIGINAL COUNTERPARTS BOND ND. 058605046
COUNTERPART NO. 1 PREMIUM: $1 ,224.00
anw
THE PREMIUM IS LreD
THE FINAL CONTRACT PRICE
CONTRACT PERFORMANCE BOND AND
IS SU; CT TO AV fUSTMENT
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the CITY OF REDLANDS
(sometimes referred to hereinafter as "Obligee") has awarded to
* , hereinafter designated as the "Contractor" an agreement for the work
described as follows:
A.K. SMILEY PUBLIC LIBRARY, EXTERIOR IMPROVEMENTS - BID CATEGORY #10
*PAINTING THE TOWN, INCORPORATED
(Hereinafter referred to as the "Public Work" and WHEREAS, the work to be performed by the
Contractor is more particularly set forth in that certain contract for the said Public Work dated
AUGUST 5, 2002 , incorporated herein by this reference; and
WHEREAS,the Contractor is required by said Public works Contract to perform the terms thereof
and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, PAINTING THE TOWN, INCORPORATED the undersigned
Contractor, as Principal, and WESTERN SURETY COMP ANY _a corporation organized and
existing under the laws of the State of SOUTH DAKOTA , and duly authorized to transact business
under the laws of the State of California, Surety, are held and firmly bound unto the
CITY OF REDLANDStOblgee in the sum of EIGHTY-FIVE THOUSAND AND 00/100'S
Dollars ($ 85,000.00 ), 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 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 by, and
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 nun and void; otherwise
it shall be and remain in full force and effect. In case suit is brought upon this 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 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.
CITY OF REDLANDS PERFORIVIAtiCtEAtOND - 1
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
AUG 1 1-1 2no?,
TILDEN-'
No final settlement between the Obligee and the Contractor 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 incurred,with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 14TH day of
AUGUST 2002.
PRINCIPAL:
PAINTINGHE TOWN, INCORPORATED
By:
GARY L. RAWLINGS, PRESIDENT/CEO
SURETY:
WESTC, N kRETY COMPANY
By 4J1\
Attorney-In-Fact
JULIA B. LEONARD
The rate of premium on this bond is $14.40 per thousand. The total amount of premium
changgsr$ 1,224.00
(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 F4 ,9O7
a er,ro w*II' . so 0 I;0'III .../,'"II I.....":":"--,"Ic..,"Z.0 7.4.,I7T.,Zor.4er.,". 4 F.0*../."II'....F'I.II*.70°"...I."*,*.:I I I 9.0**'0.....ot,/,',...r.*0*,..ate' ..•.0 0#'`I .I;.4 0 CFI:"7..":"`7,,,e 5..../,'---"I'',,,,.e"', 5 I I I -; 5,I, - ' 0.I I I,
A- -
yi
Atx State of
4
County of
. .
On a._ , . &":7
before me, el- - - \--1. -. 17. ,
DATE NAME TITLE OF OF FICFR F G,"JANE DOE,NOT,AY PUBLIC IIII:i
personally appeared
‘ NAMES)OF SIGNER(S) ‘I-1 tii
It I personally known to me - OR - N proved to me on the basis of satisfactory evidence Pk
<e
IS to be the person(s) whose name(s-) is/are '
subscribed to the within instrument and ac-
knowledged to me that he/sXecuted
the same in his/404441-ei-r-- authorized °
capacity( ), and that by his/her/their Ph
signature(s) on the instrument the person(s), '
PATRICIA A.Fi OYD or the entity upon behalf of which the t
person(g) acted, executed the instrument. -:
- ".ta: -:.4.-!. Notcry Public Califania i: -
Mverside CouPy
WITNESS my hand and official seal. V°
VI
64 SIGNATURE OF NOTARY 4
th h.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent at
fraudulent reattachment of this form. NI
41 %
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT k
t 1 INDIVIDUAL
I 15
_ CORPORATE OFFICER
t't
1 N
TITLE OR TYPE OF DOCUMENT
TM QS) NI
PARTNER(S) H LIMITED ht
'v
E GENERAL
ilFP'
.,.._.1 ATTORNEY-IN-FACT NUMBER OF PAGES
r
riTRUSTEE S
t r ( ) r
-..-
s: 1 ; GUARD1AN/CONSERVATOR
-51
L_2 OTHER: ,
DATE OF DOCUMENT
SIGNER IS REPRESENTING: it
‘ NAME OF PERSONFS)OR ENTI MIES)
(
SIGNER(S)OTHER THAN NAMED ABOVE rt
I .5
;
_.
P1993 NATIONAL NOTARY ASSOCIATION.8236 Remmet Ave. P0.Box 7184•Canoga Park CA 91309-7184
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) WESTERN SURETY COMPANY
2600 CENTRAL AVENUE, SUITE 400
PHOENIX, AZ 86004
(Name and Address of Agent or
Representative for service of
process in California. if
different from above)
(Telephone number of Surety and 602-212-3216
Agent or Representative for service
of process In California)
STATE OF CALIFORNIA )
COUNTY OF )ss.
On this day of , in the year.2002, before me,
, a Notary Public in and for said state, personally appeared
, known to roe 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
(Surety) thereto and his own name as Attorney-In-Fact.
Notary Public-in and for said State
(SEAL)
Commission expires:
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be
attached hereto.
Federal regulations (Code Sections 6041 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
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer(e.g.."Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD,ATTORNEY IN FACT
Name(s)of Signer(s)
personally known to me -OR- r 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
acknowledged 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), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
#127 1 'z ,4011t
Signa,(efr of Notary Public
------------- OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer Corporate Officer
Titles(s): _ Title(s):
Partner- Limited ❑ General Partner- I Limited ❑ General
❑ Attorney-in-Fact Attorney-in-Fact
_ Trustee El Trustee
RIGHT THUMBPRINTRIGHT THUMBPRINT
_ Guardian or Conservator OF SIGNER —1 Guardian or Conservator OF SIGNER
LI Other: Top of Thumb here El Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09100
V Western Surety Company
A Subsidiary of CNA Surety Corporation
ISSUED IN FOUR ORIGINAL COUNTERPARTS BOND NO. 058605046
POWER OF Al I ORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing
corporation having its principal office in the City of Sioux Falls,and State of South Dakota, and that it does by virtue of the signature and seal
herein affixed hereby make,constitute and appoint
Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard, Individually
of Riverside, California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and
all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted,
as indicated, by the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to
be hereto affixed on this 23rd day of November 1999
WESTEJ S4JRETY C (V21'
•Q.., Tork
z 01% i.,,,yssE
t
ee.r\•-„`S'£ 7."
Stephen T. Pate,President
State of South Dakota
ss
County of Minnehaha
On this 2 3 rd day of November 1999 ,before me personally came Stephen T.Pate,to me known,
who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the President
of WESTERN-SURETY COMPANY 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 corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said
corporation.
My commission expires D.laELL
November 30,2000 faNsoaTuTARHyDA,14.A
P AP
11 3.2.0 D.Krell,Notary Public
CERTIFICATE
I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said corporation this 16TH day of AUGUST
2002
,sykEn•
WEST R SURETY COMPANY
;0-4-4;\.°1-7;
r);
&e:1.1.771--"/
elson,Assistant Secretary
Form F4250
Please complete the information below:
COMPANY NAME PAINTING THE TOWN, INCORPORATED
ADDRESS 3683 ADAMS, RIVERSIDE, CA 92516
Street City State Zip
TYPE OF BUSINESS ENTITY TAXPAYER IDENTIFICATION#
Individual 33-0610809
Sole Proprietorship Employer identification#
Partnership
x Corporation Social Security#
ether
Date: AUGUST 14, 2002
Signature
GARY L. RAWLINGS
PRESIDENT/CEO
Title
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
05/16/02
~ �
~~p�
�
�
�,� ISSUED IN FOUR ORIGINAL COUNTERPARTS BOND NO. 058605046
COUNTERPART NO. 1 PREMIUM: INCLUDED IN THE PREMIUM CHARGED
CHARGED FOR THE PERFORMANCE BOND
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
*
(hereinafter designated as the ''Cont,acto[^), an agreement dated: AUGUST 6,
2002, for work described as follows:
A.K. SMILEY PUBLIC LIenxnY, EXTERIOR IMPROVEMENTS — azo CATEGORY #10
---_---_-_--
*pxzmTwc THE TOWN, INCORPORATED
(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, arid pursuant to Section 347 of the California Civil Code;
Now, therefore, we, PAINTING THE TOWN, INCORPORATED , th undersigned Contractor, as
Principal; and WESTERN SURETY COMPANY SOUTH DAKOTA
a corporation organized and existing under the laws of the State of€ nlc and duly authorized
to transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the f CITY OF REDLANDS ] Obkgee and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the California Civil
Code in the sum of:
EIGHTY—FIVE THOUSAND AND 00/100'a
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 be
rnmdm, we bind ourso|ves, our he\ns, execu(oca, successom:, adrn\ni»\rotors, and assigns, Jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or its heins,
exmnutomu, adnninistrators, successors or assigns, or 8ubcon\rootons' shall fail to pay for any
rno\eha\a, provisions or other supp\|oa, irnp|emnentu, machinery or power used in. Upon, for, or
about the performance of the Public Work contracted to be done, or to pay any person tor any
work or labor of any kind, or for bestowing skills or other necessary services 1heneon, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deduCiod, wi\hhoN, and paid over to the Employment Development
Department from the wages of employees of said Contractor and his Subcontractors pursuant to
Section 13030 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.
��l��l���7��l�
CITY OF REDLANDS PAYMENT D ' 1
A.K. SMILEY PUBLIC LIBRARY AUG
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 bond will insure to the benefit of any and all persons, companies and corporation entitled to
serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them 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 incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 14TH day of
AUGUST 2002.
PRINCIPAL:
PAINTING THE TOWN, INCORPORATED
Z--
By: r
GARY L. RAWLINGS, PRESIDENT/ CEO
SURETY:
WE 51,T SURETY COMPANY
Attorney-In-Fact
JULIA B. LEONARD
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 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 PAYMENT BOND - 2
&K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
: .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 590_7
erA 0 re""A.ie",..0 re re fr,A.4 ef.,";"'CA"--.."--,"---'-CA"--' ''.A" -A -A,e.'LL.- Two"°".-..o'S.7.,.'OP'- E,T.e*-•.1''''..,O,,,, o''`. ..,r- A,,'.. A-S I-o.,rc.A.1:4.`,":"--.,....,CF---E-.-*Z,-,""",...,..!*`''''' - ----A 7.,0"''''`C-, A''_A..e'''-'' k'CA"-
- '
. 14
_
State of
1/4tv
County of - - -
. kf ,,_,
- t--.2.0 .o aoto before me,
DATE NAMF TITLOT O
' E. FFICER-E G "TA. DOE NOTARY PUBLICeT
.
8,. personally appeared . /1/4- ,a, „0„,..,
NAME SI OF SIGNER(S)
.1 I personally known to me - OR - [4-proved to me on the basis of satisfactory evidence ;ttif
AN
: to be the person* whose name(s) isiafes
subscribed to the within instrument and ac- '[
knowledged to me that heishei-t* executed
kh'
the same in his/h-e-rs"r authorized h,
capacity(ies), and that by hisitterittteir
signature(s) on the instrument the person(s), -,
ti i 44% PATRICA A,fl OYD 1 or the entity upon behalf of which the
Commission 0 1X1305s person(s) acted, executed the instrument, 1/4'
Notary Publict -rallb
,--j
--z• 't,-,,, )if.-71- --Riverside County
;Jr. tstyCorme.
WITNESS my hand and official seal.
/I •
'1/4 awl 446404- a. 1/4, -
4'''''' ...
SIGNATURE OF NOTARY
).P
b
Ai OPTIONAL ri
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.
h t't
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
-1
i INDIVIDUAL
[ CORPORATE OFFICER li
TITLE OR TYPE OF DOCUMENT 4
saLes)
Eil PARTNER(S) Pi LIMITED
\ in 0 GENERAL i. .i.
, LET Ad I ORNEY-IN-FACT NUMBER OF PAGES
Li TRUSTEE(S)
FE-1
- Lc] GUARDIAN/CONSERVATOR
OTHER: i
il
tif
DATE OF DOCUMENT s'
S.,
hi SIGNER IS REPRESENTING: hA
ksl.
NAME OF PERSON(S)OR ENTIPMES)
SIGNER(S)OTHER THAN NAMED ABOVE 'r
ik (V
k i
I 1 1•V
- - ,".;,,0--.dr 0 0..;0.-", ....-----17,----,------....."...---,,,,--,‘,--0.*-,.0.,*"....0#*•..- ,IJ
931993 NATIONAL NOTARY ASSOCIATION.8236 Remmet Ave P.O Box 7184k Canoga Park CA 91309-7184
THIS IS A REQUIRED FORM.
(Name and Address of Surety) WESTERN SURETY CONPANY
2500 CENTRAL AVENUE, SUITE 400
PHOENIX, AZ 85004
(Name and Address of Agent or
Representative for service of
process in California, if
different from above)
(Telephone number of Surety and 602-212-3216
Agent or Representative for service
of process in California)
STATE OF CALIFORNIA )
COUNTY OF )ssL
On this day of , in the year 2002, before me,
, a Notary Public in and for said state, personally appeared.
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
_ (Surety)thereto and his own name as Attorney-In-Fact.
Notary Public in and for said State
(SEAL)
Commission expires:
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
05/10102
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On AUG 1 4 2002 before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD, ATTORNEY IN FACT
Name(s)of Signer(s)
kj 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
acknowledged 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), or the entity upon
behalf of which the person(s) acted, executed the instrument.
.,, tet
L PWTH
21141111#'4 #1271
WITNESS my hand and official seal.
NZIr
UP 12, Sign *u-of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
I I Individual Individual
Corporate Officer ICorporate Officer
Titles(s): _ _ — Title(s):
J I Partner- Limited ❑ General _ Partner- _ Limited ❑ General
❑ Attorney-in-Fact — Attorney-in-Fact
I TrusteeRIGHT THUMBPRINT _ Trustee RIGHT THUMBPRINT
I Guardian or Conservator of SIGNER I Guardian or Conservator OF SIGNER
I Other: Top of Thumb here _ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
' Y Western Surety Company
A Subsidiary of CNA Surety Corporation
ISSUED IN FOUR ORIGINAL COUNTERPARTS BOND NO. 058505045
POWER OF A I I ORNEY APPOINTING INDIVIDUAL A I I ORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing
corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal
herein affixed hereby make,constitute and appoint
Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard, Individually
of Riverside, California
its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and
all the acts df said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,
as indicated, by the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to
be hereto affixed on this 23rd day of November 1999
1C7Y-irr: Nt WESTE • RETY C M NY
Stephen T. Pate,President
State of South Dakota
ss
County of Minnehaha
On this 2 3 rd day of November , 1999 before me personally came Stephen T.Pate,to me known,
who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the President
of WESTERN SURETY COMPANY 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 corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of
said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said
corporation.
•
My commission expires DAMELL
November 30,2000 1.6Fnigigil=4011, A_.ti_ta
2.1,14•..1•... ry:•••11 3!,10.04.. • D.Krell, Notary Public
CERTIFICATE
I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is
still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said corporation this 1 6TH day of AUGUST
2002
WEST R SURETY COMPANY
Thr elson,Assistant Secretary
Form F4280