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11120-000Ell AR 2 187! oull 13VEll L-'j LEONARD PUTNAM CITY ATTORNEY OF LONG BEACH 600 CITY HALL LONG BEACH, CALIFORNIA 90802 TELEPHONE 436-9041 I N U O a ro W 0 m Qo Z Z j Z rn j 0 p�,LL= O J W X w U U O Z O S O p 0 U w J E W W Q m F F Z U O J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AGREEMENT_ THIS AGREEMENT is made and entered into, in duplicate, as of the date executed by the City Manager, by and between BEACH CITY CHEVROLET COMPANY, a corporation, organized under the laws of the State of California, with a place of business at 3000 E. Pacific Coast Highway, Long Beach, California 90804, hereinafter referred to as the "CONTRACTOR", and the CITY OF LONG BEACH, a municipal corporation, hereinafter referred to as "CITY". Vans to the City of Long Beach, California", dated December 9, 1971, and published by the City, bids were received, publicly opened and declared on the date specified in said notice; and WHEREAS, the City Manager did accept the bid of the WHEREAS, the City Council has authorized the City furnishing and delivering the vehicles described herein; NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. Contractor shall sell, furnish and deliver to the City one (1) station wagon and one (1) 1 -ton step van in accordance with Specifications No. R-4428 and Addendum No. 1 thereto, on file in the office of the City Engineer, and the notice inviting bids and Contractor's bid under Bid Items A and E, on file in the office of the City Manager of the City. 2. The documents set forth in paragraph 1 hereof are incorporated herein and made a part hereof with -like effect as if all of said documents were hereat set forth in full, and said 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 documents, together with this written agreement, shall constitut the contract between the parties. In the event there should afterwards be construed to be any inconsistency between the various documents and this written agreement, the provisions of this written agreement shall control. 3. Delivery shall be made to the Automotive Division, 2801 East Willow Street, Long Beach, California, within forty- five (45) days for Item A and one hundred twenty (120) days for Item E after the date of execution of this agreement, subject to the manufacturer's ability to produce and deliver said vehicles. 4. City shall pay to Contractor for furnishing and delivering said equipment, as follows: Bid Item A. 1 Station wagon furnished and delivered in accordance with Article 5.022 which shall be finished in the manufacturer's materials and color, - $ 3,439.99 E. 1 1 ton step van furnished and delivered in accordance with Article 5.05, equipped with vented rear cargo door windows and a rear 1000 pound electric hydraulic opera- ted tailgate lift, which shall be finished in the manufacturer's materials and color, $ 4,999.05 - TOTAL THIS CONTRACT - - - - - - - - $ 8,439.04 The aforementioned prices include any and all taxes legally chargeable in connection with the furnishing and deliver- ing of the above vehicles except Federal Excise Tax and sales taxes. Since articles sold to municipalities are exempt from the Federal Excise Tax Law, the above prices do not include any such tax and none will be charged the City. California State Sales Tax or Use Tax and sales or use taxes imposed by any municipality or political subdivision of the State of California shall be shown separately and added to the total of the invoice. 5. In the event the City desires to order additional 2 S N U o Q m W Qo azJza, o � � _° O J w w V U O O O ( U w J HWW mr z U 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 equipment under this agreement, said equipment may be ordered in accordance with the provisions of Section 6 of specifications. 6. Contractor shall make, execute and deliver to the City a good and sufficient corporate surety bond in the form attached hereto and in the amount specified therein, conditioned upon the faithful performance of this contract by Contractor. 7. Any notices required to be given in writing under this contract may be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Post Office addressed to the Contractor at the address stated herein, and to the City in care of the City Manager, Room 303 City Hall, Long Beach, California 90802. 8. Neither this contract nor any of the moneys that become due Contractor under the terms hereof may be assigned by the Contractor without the written consent of the City first had and obtained. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. rte^ w 1972 '€ 1972 <3-16-1`- 91 BEACH CITY CHEVROLET COMPANY, a corloration.� President r By SecretdrOV CONTRACTOR CITY OF LONG BEACH, a municipal corporation By =el 1 /. ity Manager 7 CITY 1 2 3 4 5 6 7 8 9 10 11 12 13 S N U 0 a0 14 W m �� ao azJzo, 15 �� _°c) oo¢W 16 0 w V U z O p p U w 17 Jt~ w m w Q 18 z U 01 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The foregoing Agreement is hereby approved as to form this day of`�F°' , 1972 LEONARD PUTNAM, City Attorney By Deputy PJS:pc 1-14-72 9 4 BOND FOR FAITHFUL No.5569848 Premiums $42,00 KNOW ALL MEN BY THESE PRESENTS: That we, BEACH CITY CHEVROLET COMPANY, a corporation, organized under the laws of the State of California, with a place of business at 3000 E. Pacific Coast Highway, Long Beach, California 90804 as PRINCIPAL, and GREAT AMERICAN INSURANCE COMPANY a corporation, incorporated under the laws of the State of NEW YORK , and having been authorized to transact business in the State of California, as SURETY, are held and firmly bound unto the CITY OF LONG BEACH, CALIFORNIA, a municipal corporation, in the sum of EIGHT HUNDRED FORTY-THREE AND -----------------------------90/100------------------ DOLLARS ($ 843.90 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has been awarded and is about to enter into the annexed contract with said City of Long Beach forx furnishing and delivering to the City one (1) station wagon and one (1) 1 -ton step van in accordance with Specifications No. R-4428 and Addendum No. 1 thereto, and guaranteeing the vehicles against defective workmanship and materials for a period of one (1) year after the date of delivery and acceptance thereof, and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Principal shall well and truly keep and faithfully perform all of the covenants, confit;ons, agreements and obligations of said contract on said Principal's part to be kept, done and performed, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. PROVIDED, that any modifications of, or alterations or changes which may be made in said contract, or in the work to be done, or in the services to be rendered, or in any materials or articles to be furnished pursuant to said contract, or the giving by the City of any extension of time for the performance of said contract, or the giving of any other forbearance upon the part of either the City or the Principal to the other, shall not in any way release the Principal or the Surety, or either of them, or their respective heirs, administrators, executors, successors or assigns, from any liability arising hereunder, and notice to the Surety of any such modifications, alterations, changes, extensions or forbearances is hereby waived. No premature payment by said City to said Principal shall release or exonerate the Surety, unless the officer or Board of said City ordering the payment shall have actual notice at the time the order is made that such payment is in fact premature, and then only to the extent that such payment shall result in actual loss to the Surety, but in no event in an amount more than the amount of such premature payment. IN WITNESS WHEREOF, the above named Principal and Surety have executed, or caused to be executed, this instru- ment under their respective ban and seals, and with all the formalities required by law on this_._ f day o 19 72 — BEACH CITY CHEVROLET CO ANY, a corporation 3`' ..F F, -- (Seal) e B(Seal) (CORPORATE SEAL) S ec, a3 V 7PRINCIPAL GREAT AMERICAN INSURANCE COMPANY Rose M. Olson, Attorney-in-fact SURETY Approved as to form this '-day of Appr ved as to sufficiency this _---_day of LEONARD PUTNAM,, r` City Attorney By Deputy City H/Engineer NOTE: 1. Execution of contract and bond must be acknowledged by both PRINCIPAL and SURETY before a Notary Public and Notary's certificate of each acknowledgment must be attached. 2. A corporation must execute contract and bond by duly authorized officers or agents, and a certified copy of a resolution of its Board of Directors authorizing such execution, or other evidence of authority for such execution, must be attached. 3, The seal of the corporation must be affixed to all instruments. STATE OF CALIFORNIA ss. County of Los Angeles On this 31St day of January , in the year Seevent)4 Two , before me, Patsy J. Pyle a Notary Public in and for said state, personally appeared Rose M. Olson , known to me to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney -in -Fact. OFFICIAL SEAL PATSY 1. PYLE Notary Public in and /0said State NOTARY PUELIC, CALIFORNIA f {� � P FRJNCI'a,, OFFICE IN "-3 LOS ANG=LES COUNTY My Commission expires - My Coml�ission Expires Uao,mber 9, 1975 S959A 12-66 (CALIFORNIA `ili��l�L ii (v1 X1'1°°FC1T�R�fP'°�'""°"".... """""o-"° � � r STATE OF CALIFORNIA ss. County of Los Angeles On this 31St day of January , in the year Seevent)4 Two , before me, Patsy J. Pyle a Notary Public in and for said state, personally appeared Rose M. Olson , known to me to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney -in -Fact. OFFICIAL SEAL PATSY 1. PYLE Notary Public in and /0said State NOTARY PUELIC, CALIFORNIA f {� � P FRJNCI'a,, OFFICE IN "-3 LOS ANG=LES COUNTY My Commission expires - My Coml�ission Expires Uao,mber 9, 1975 S959A 12-66 (CALIFORNIA `ili��l�L ii (v1 X1'1°°FC1T�R�fP'°�'""°"".... """""o-"°