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HomeMy WebLinkAboutContracts & Agreements_78-1995_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 7th day Of November, 1995, 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 CHINO CONSTRUCTION INC a partnership consisting of or an individual trading as of the City of C141 k0 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: Removal and replacement of concrete curbs and gutters, handicap ramps, sidewalk and matchup pavement all as shown and specified as a part of Contract No. 23-6803-2960. 2. THE CONTRACT SUM: $38 , 890. 00* 3. TIME FOR COMPLETION: The work to be completed within forty-five (45) 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-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of Redlands (Owner) Mayor, City of Redlands, County of San Bernardino, California ATTEST: City erk, City e aids County of San Bernardino, California (SEAL) Name I PfContractor By. Signature of Auto ed Agent Title Signature of Authorized Agent (if necessary) Title Contractor's License No. CD-12 BOND NO. P2652876 PREMIUM INCLUDED IN PERFORMANCE BON] LABOR AND MATERIAL BOND OW ALL PERSONS BY TMSE PRESEN'T'S at CHINO CONSTRUCTION, INC. RELIANCE NATIONAL INDEMNITY COMPANY as Contractor, and bound unto the atv of Redlands, ..eremalter called as tY' are held and -E G SAND EIGHT HUNDRED , in the, sum of Truly to be m --- dollars for payment of which sunt well and ade, we bind ourselves, our heirs, executo !f gns, jointly and severay, fiirnily by these presents. � ' successors, and , said Contractor has b tract with said exed been awarded and is about to eater into the ann -ZbQ. t3'' perform alI work required under the Ciy's Contract No. THEREFORE; if said C.antractor, or Sub.Contractor, f"7s to pay for as �Pment, or other supplies, or for rental of y m ` atenals, rformance of work contracted to be done, or for amounts under O mBeCdOn with the r any work or labor thereon, said Surety will pay for the same in as amount ot exceeding e sum specified above, and, in the event suit is brought u rney's fee to be fixed upon this band, $ reasonable by the court. This bond shall inure to the benefit of any pe1s�, mP iex, ar corporatiOns entitled to file claims under applicable State law and will remain force until 90 days after compl�on. ROj'IDED,that any alterations in the work to be done or the materials to be furnish loch may be made pursuant tcy the terms of said contraany ed' Cher said Contractor or said Surety thereunder, nor shall any a time release grafted der the provisions of said contract release either said Contractor or said lice of such alterations or extensions of the contract is hereby waived by said Surety. and GNED ANI? 16TH tY SEALED this d�,of NOVEMBER 1995. HIND INC.CONSTRUCTION RELIANCE NATIONAL INDEMNITY CONP'INY ; i SEAL {S'Ure J . (Sign BY.�ignatj e} PA DOLAN ATTORNEY-IN-FACT Address: CENTER PLAZA PHILADELPHIA, PA 19103 ( and NotarialTelephone 61 293-5939 AcltuowierlSment of Surety) CD-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ------------- State of CA=RNM County of SAN BERNARDINO On before me, mELANiE mAL7G-AN, NC77`ARY puBLTC Date Name and Title of Officer{e,g.,'Jame Doe.Notary Public" personally appeared DON J REITER, VICE PRESIDENT, CHINO} MN==jCN 1NC Name(s)of Sfgnens) X personally known to me—OR—7-1 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/shetthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), MELANIE tv?AUGFIAN CO 1 or the entity upon behalf of which the person(s) acted, Notary Ptablic—Califmia executed the instrument. SAN BERNAr>tDINO COUNN My Comm.Expires JUL 9,19W WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by taw, 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: ' - ;r f Document Date: '` Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: DCN 4T_ RPTTER Signer's Name: `D Individual Individual K Corporate Officer Corporate Officer Title(s): VTC: PRF TD= Title(s): El Partner—0 Limited E General `_1 Partner—El, Limited 0 General Attorney-in-Fact = Attomey-in-Fact C Trustee E—j Trustee Guardian or Conservator El Guardian or Conservator Other: 1 Too of thumb here 1 Other: ( Top of thumb here Signer is Representing: Signer Is Representing: 1 01984 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Gall Toil-Free 1-806-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of-CALIFORNIA County of ORANGE On 11/16/95 before me, TAMRA PONTI DATE NAME,TITLE OF OFFICER-E.G,"JANE DOE.NOTARY PUBLIC" personally appeared PAT DOLAN NAME(S)OF SIGNER(S) X personally known to me - OR - F1 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 sz, signature(s) on the instrument the person(s), or the entity upon behalf of which the Al person(s) acted, executed the instrument. N P WITNESS my hand and official seal. 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 El INDIVIDUAL ❑ CORPORATE OFFICER PAYMENT BOND TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) El LIMITED El GENERAL X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR D OTHER: 11/16/95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) NONE RELIANCE NATIONAL INDEMNITY CO. SIGNER(S)OTHER THAN NAMED ABOVE S 959D(4/94) f v 0 BOND NO. P2652876 PREMIUM: $77$.00 FAITHFUL PERFORMANCE BOND 1040WALL PERSONS BY'THESE PRESENTS at CHINO CONSTRUCTION, INC. RELIANCE NATIONAL INDEMNITY COMPANY A.SCbntractor,and unto the City of Redlands,hereinafter called Ci in the sum of'are held-and firmly TH bound ty, THIRTY-EIGHT THOUSAND EIGHT HUNDRED NINETY & 00/100--- dollars;kr the-payment f %r ich sora well and truly to be made, we bind ourselves, our heirs, executors, t trator, succcessor$, and assigns,joimtly and severally, firmly by thew presents. ERE , said Contractor has been awarded and is about to enter into the annexed c tract with said City to perform all work required under the City's Contract No. -f8t3�-SCI. Off; THEREFORE, if said Contractor shall performs all of the requirements of said contract required to be performed on their part, at the times and in the manner specified tl ereirr, thea thisobligation shall be null and void, otherwise it shall remain in foil force a id in effect until 90 days after completion. F tOVIDED, that any alteratiOUS in the work to be dome or the materials'to.be furnished, w lich may be made pursuant to the terms of said contract,shalt.not in any way release said tC ntractor or said Surety thereunder, nor shall any extensions of time granted under the P oVWOns of said contract release either said Contractor or said Sure enation or es+p„ ., tY= and voticd of such �.L of the contract is hereby waived by said Surety. i CNED AND SEALED, this 1- . day of NOVEMBER 1995. F C iINO CONSTRUCTION, INC.(s ) RELIANCE NATIONAL INDEMNITY COMPANY (SEAL) ( o actor) (Surety) , t By. (SimOtt ) (Signature} PAT DOLAN, TTORNEY-IN-FACT Address: NN CENTER PLAZA PHILADELPHIA, PA 19103 Telephone No. Lj 293-5939 r (S 1 and Notarig AcbwwW&wtnt of Surety) f CD-13 x { f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN BERNARDINO t On Z : . before me, MFT 2tTi7TF' MATTC�TANx NF'�1RLY_'PTTRT TC' Date Name and Title of Officer(e.g..`Jane Doe.Notary Public) personally appeared ._..,._DON J. REITER, VICE FRESmErr,.MM C )NsMX INC Name(s)of Signers) ` X personally known to me-OR-E'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), -y P MEANIE MAUGHAN or the entity upon behalf of which the person(s) acted, COWA#1064609 executed the instrument. Notary Public—Callfonjo SAN BERNARDNO COUNTY "__MYC0n1MEXPfresJUL9,l9W WITNESS my hand and official seal. y of Notary Pubis OPTIONAL f Though the information below is not required by taw, it may prove valuable to persons retying 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: - `' - ' ,` b Document Dater: l Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __DON REjTF z Signer's Name: Individual Individual K Corporate Officer El Corporate Officer Title(s): vTclT PRF,;TIp r Title(s): E Partner—07 Limited � General E Partner— Limited General Attorney-in-Fact = Attorney-in-f=act Trustee 7= Trustee L Guardian or Conservator L Guardian or Conservator Other: Top o`.liar o here D Other: ( Top t thumb here Signer Is Representing: Signer Is Representing: C 1994 National Notary Association-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 81309-7184 Prod.No,5907 Reorder,Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On I I/16/95 before me, TAMRA PONTI DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE-NOTARY PUBLIC" personally appeared PAT DOLAN NAME(S)OF SIGNER(S) X personally known to me - OR - El 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), 11A A 1, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. n,r)'l ja,a 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 F1 INDIVIDUAL El CORPORATE OFFICER PERFORMANCE BOND TITLE(S) TITLE OR TYPE OF DOCUMENT El PARTNER(S) 0 LIMITED E X ATTORNEY-IN-FACT l GENERAL NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR El OTHER: 1 16/95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS!OR ENTrFY(IES) NONE RELIANCE NATIONAL INDEMNITY CO. SIGNER(S)OTHER THAN NAMED ABOVE S 959D(4/94) RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY 00158 UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called"the Companies")and that the Companies by virtue of signature and seals do hereby make,constitute and appoint Pat Dolan of Riverside,California their true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver for and on their behalf,and as their act and deed: Contract Bonds-Maximum Penalty $1,000,000 All Other Bonds-Maximum Penalty $15,000 "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys)-in-Fact may do in pursuance hereof, This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY,and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors,the President,the Chairman of the Board, any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(b)to remove any such Attorneys)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile spa!shaft ha va6ri aneR f,�„a:,.,. CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS ICAI I , as Prime Contractor for City of Redlands Contract No. 23-6803-2960, hereby mare the following certification and acknowledgement with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this contract, I certify that I acknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis- Bacon and Related Acts Requirements; and, 2) The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications,as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to the County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. Signature, Pri ex ontractor Title Date CD-1 a } A e . ! •• IM a E OF • • ,PRODUCER ! t $ • • i i • ,• $ ! • toustin Cooper & Price �• $ • ! ! •" • •'i M Drive0-'131 Elks 1 1 COMPANYCOMPANIES AFFORDING COVERAGE gan Bernardino CA 92404-5544 ♦ # ACOMPANY A COMPANYLETTER INSURE GOLDEN A CO r CHINO CONSTRUCTION INC 1� COMPANY C SCOTTSDALE INS 00-/W-. jR-OWN -AS§&C- • LETMR # BOX 771 LETTER L-HINO, CA 91708 • } COMPANY $ TYPE OF INSURANCE POLICYNUMBER CLS2 • ' Is . • / • • • . 111 111 i• III III • ;l�'! III VIII III ! �� rA f �-.1T A �4 C 1'• . • 1 ' 10/27/95 • • • • 111 111 OWNED AUTOS WSCHEDULED AUTOS WHIREDAUTOS NON—OWNE.AUTOS + MGARAGE LIABILITY WE-EXCESS f LIABILITY FORM- I_i�iYY�i•�iiY�iiii����� G... I� WORKER'SCOMPENSATION W C 1 , u 1 III 1 1 s 1 • 1 . i • • AND '' i1i 111 EMPLOYERS'UASILITY DESCRIPTION OF OPERATIONSALOCATKMNEHICLEWSPECIAL ITEMS ,7,E: CDBG HANDICAP RAMPS CONTRACT #23-6803-2960 '�'IERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY 00 DAYS NOTICE OF CANCELLATION EXCEPT 10 DAYS FORNONPAYMENT OF PREMIUM Dim # A A } } A } A r t •' ! 9 CL 246 (11-85) POLICY NUMBER: CLS284713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: CDBG HANDICAP RAMPS CITY OF REDLANDS CONTRACT #23-6803-2960 (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 or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ORIZED REPRESENTATIVE Copyright, Insurance Services Office, Inc- 1984 San Bernardino, Errol J. MackzLnn, Recorder FifMRUNG RMUESTM BY No Fee AM M REMMED MLTO Doc No . 19960007077 CITY CLERK 1 : 30pm 01 /09/96 CITY OF RED NDS 5 CAJON STREET 005 100011 18 01 06 P 0 BOX 3006 PG I EEE I APF I GIME I PH CPY CRTCPY ADD MAA PEN PR PCOR LAND 9237 5 6 NON ST LN SVY CIT.CO TRAMS TAX IDO FEE CHRG EXAM NOTICE F COMPLETION Notice pursuant to Cid Code section 3OW,this nottee must be filedire 10 days atter completionof work. Nofte is hereby given#tat 1, The undemigned is owner Or CoWate officer of the owrw of the interest or estate stated below in ttle property herainafterdescribed: , The full r CITY OF RED NDS Is, The full N STREET, P.O. BOX 3005 REDLANDS CA 92373 . The nature of the Interest or 85tilte of to owner is, In , The full names and full of WI persons,if any,who hold title with the undersign0djoint tertants or as tenants In common are: NOT APPLICABLE of Improvement on the property hereinafter desatbed was completedJanuary 2, 1996. The work dme w GDBG Handicap Ramps, ntra t No, -6803-2960. 7, The nante of ft contactor for such work of improvement w : Chino Construction Inc 5642 Schaefer Avenue,Chino CA 91710 NMEIrriber1995 111MA 0'001W-A) The property on which said work of improvement was compteled is in the city of Redlands,county of fan Bernardino, f caldomia, and is d ;Various inter coons as shown on attached "Exhibit *. The Streetof sald pr . NotApplicable Dated: January 3, t 996 of VERIFICATION F, the undwsigned, mw I am the Public Works DireCtOr Of the d8dar&nt of the f ,oe et Compwon, w1d h8ve read said . ° € Completion and know the conterift therent ft same is true of ntry own knovAedge, I declareforegoinget, Executed on January 3, lands,Caiftnia, EXHIBIT "All CITY OF RED NDS PUBLIC WORKS DEPARTMENT NOTICE OF COMPLETION PROJECT TITLE: C D B G HANDICAP RAMPS CONTRACT No. 23-6803-2960 CONTRACTOR: CHINO CONSTRUCTION INC The following is a listing of intersecton s where handicap access ramps were installed within City of Redlands fight-of-way: ALTA STREET / SUN AVENUE SR ON AVENUE / LOMBARD DRIVE BUENA VISTA STREET/ GLENWOOD DRIVE DEARBORN STREET / HIGHLAND AVENUE DOYLE DRIVE I CHURCH STREET DO LE DRIVE / KIRBY COURT DOSLE DRIVE / JASON STREET DOYLE DRIVE / IRWIN COURT DOYLE DRIVE / HERON COURT DO`SLE DRIVE / GLOVER STREET DOSLE DRIVE / DOYLE DRIVE COLTON AVENUE / ALTA STREET COLTON AVENUE I BERKELEY DRIVE COLTON AVENUE / TRIBUNE STREET COLTON AVENUE / OXFORD DRIVE COLTON AVENUE / LOMBARD DRIVE COLTON AVENUE / HERALD STREET PARKWOOD DRIVE LENWOOD DRIVE REDLANDS BOULEVARD / CYPRESS AVENUE