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HomeMy WebLinkAboutContracts & Agreements_10-195641, PA 411 NOTICE BY OWNER OF REAL PROPERTY OF THE COMPLETION OF WORK Notice is hereby given that the City of Redlands, a municipal corporation, as owner of the property hereinafter described, caused a building to be constructed on the property hereinafter described, the contract for doing which was heretofore made with Sinner Brothers, a co -partnership, as contractor, and filed for record in the office of the recorder of the County of San Bernardino, on the loth day of February , 1958; that the work on said building was actually completed on the 5th day of February, 1958; that the nature of the title to the prop- erty of the owner is as follows, that is to say, the City owns it in fee; and that the property herei.nbefore referred to, and on which the building is situated, is described as follows, to wit: Mausoleum consisting of 384 single crypts and 108 tandem crypts, in the South portion of Hillside Cemetery, at Alessandro Toad and West Sunset Drive. Dated this __ 5th day of Februar , 1958. 411 it k RECORDED UE ST REQUEST 0F PHOTOSTATM Harry ilson, Mayor E City of Redlands FEB 10 1 11 FM '53 RooK4413 Pw',f4t3 guys c ie, Superintendent OFFICIAL-REMDS Hillside Cem tery SANTro R F! ',I]11 t %R COUNTY, CALIF. Q� 1 rR R :: � i 'i�, RECORDER On this 5th day of February, 19 De 8, beforb >�e, Irene Anne Rogers, a Notary Public in and for the County of San Bernardino, State of California, residing therein, duly commissioned and sworn, person- ally appeared Harry G. Wilson, known to me to be the Mayor, and Claude 0. Ritchie, known to me to be the Cemetery Superintendent of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written, SEAS. QN� /: Notary in and for the County and State. MY COMMISSIDM EXPIRES AN, 1% 1'i Building Construction Contract Tam AmmnmT, made this 21 day of i:Gvi Is 56 between CITY U�!' REDL'I NDS hereinafter called Owner, whose address is WA)L`iIIDS, CALPO1�141A acd SIEUT It FROTi- ii ail A C0—PAP,'TMi'RSllll; hereinafter called Contractor, whose address is ___- 4912 V01jill-RE? ST `f IT SAN DiE00 _ C.ZII'ORNIA In consideration of the covenants and agreements herein contained, the parties hereto agree as follows: I. Contractor agrees to construct and complete in a good, worhmanlike and substantial manner, upon the real property hereinafter described, furnishing all, labor, materials, tools and equipment therefor, a P ausoi eum to be constructed consisting of 384 single crypts and 108 tandem crypts (hereinafter called the structure, whether one or more buildings or improvements), upon the following described real property: 2. The structure is to be constructed and completed in strict conformance with plans and specifications for the same signed by the parties hereto, a copy of which plans and specifications have been filed with City Of Redlands Building Inspection Departr,zent. Hereinafter referred to as Lien Holder. If no First Lien Holder is named herein all reference to same in this contract is to be disregarded. The structure is also to be constructed and comple ed in strict compliance with all laws, ordinances, rules and regulations of competent public authority, and foA&j&x is to apply for and obtain all required permits, paying all fees therefor, and all other fees required by such public authority. 3. In consideration of the covenants and agreements hereof being strictly performed and kept by Con- tractor, including the supplying of all labor, materials and services required by this Contract, and the construc- tion and completion of the structure, Owner agrees to pay to Contractor the sum of 88.M.00 in installments as follows: 5% of the total contract price when plans, specifications, colored artistts sketch, and crypt chart have: been delivered to the Cemetery Department 90% of work performed and materials furnished from the I6th of any calendar month through the I.5th of the next calendar mouth is due and payable on the IOth of the following month. Balance to be paid thirty—five (35) days after date of accept— ance by the City Council, of the City of Redlands. BUILDING CONTRACTORS ASSOCIATION OF CALIFORNIA FORM -- JANLIARY 19.40 wV­QFVZs rv3iM aL)n 4. The Contractor agrees to commence work hereunder within 30 days after receipt of written notice from the owner so to do, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to complete the same within 200 days after commencement of work as aforesaid, subject to such delays as are permissible under paragraph 10 hereinbelow. In no event shall the contractor com- mence said work or place any materials on the site thereof prior to receipt of such notice from the owner. 5. Contractor shall pay promptly all valid bills and charges for material, labor or otherwise in connection with or arising out of the construction of said structure and will hold Owner of the property free and harmless against all liens and claims of lien for labor and material, or either of them, filed against the property or any part thereof, and from and against all expense and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. Should any liens or claims of lien be filed for record against the property, or should Owner receive notice of any unpaid bill or charge in connection with the construction, Contractor shall forthwith either pay and discharge the same and cause the same to be released of record, or shall furnish owner with proper indemnity either by satisfactory corporate surety bond or satis- factory title policy, which indemnity shall also be subject to approval of First Lien Holder. 6. Contractor shall, if requested, before being entitled to receive the second or any subsequent payment herewith, furnish to owner all bills paid to that date, properly receipted and identified, covering work done upon and materials furnished for said - structure and showing an expenditure of an amount not less than the total of all previous payments made hereunder by Owner to Contractor. 7. The plans and specifications are intended to supplement each other, so that any works exhibited in either and not mentioned in the other are to be executed the same as if they were mentioned and set forth in both. 8. Should the Owner at any time during the progress of the work request any modification, alterations or deviations in, additions to, or omissions from, this contract or the plans or specifications, he shall be at liberty to do so, and the same shall in no way affect or make void this contract; but the amount thereof shall be added to or deducted from the amount of the contract price aforesaid, as the case may be, by a fair and reasonable valuation, based upon the actual cost of labor and materials plus 10% profit to the Contractor. And this con- tract shall be held to be completed when the work is finished in accordance with the original plans as amended or modified by such changes, whatever may be the nature or extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that upon the demand of either the Owner or the Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by the Owner and the Contractor, prior to execution. Where the alterations, deviations, addi- tions, or omissions from the said plans or specifications require the written approval of the "First Lien Holder" the Owner will secure said written approval. Provided however that the Contractor is not deemed to have waived his right to compensation for extra work if the same is not provided for in writing. 9. Should Contractor, at any time during the progress of the work, refuse or neglect to supply sufficient material or workmen for the expeditious progress of said work, Owner may, upon giving three days' notice in writing to Contractor, by registered mail, (a copy of which shall be furnished to aforesaid "First Lien Holder"), provide the necessary material and work -men to finish the said work and may enter upon the premises for such purpose and complete said work, and the expense thereof shall be deducted from the said contract price, or if the total cost of the work to owner exceeds the contract price, Contractor shall pay to Owner upon demand the amount of such excess in addition to any and all other damages to which owner may be entitled. In such event Owner may take possession of all materials and appliances belonging to Contractor upon or adjacent to the prem- ises upon which said work is being performed and may use the same in the completion of said work. 10. The time during which the Contractor is delayed in said work by (a) the acts of Owner or his agents or employees or those claiming under agreement with or grant from Owner, or by (b) the Acts of God which Contractor could not have reasonably foreseen and provided against, or by (c) stormy or inclement weather which necessarily delays the work or by (d) any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which he cannot reasonably overcome, shall be added to the time for completion by a fair and reasonable allowance. 11. The Contractor shall not be responsible for any damage occasioned by the Owner or Owner's agent, Acts of God, earthquake, or other causes beyond the control of Contractor, unless otherwise herein provided or unless he is obligated by the terms hereof to provide insurance against such hazard or hazards. It is understood and agreed that Contractor, before incurring any other expense or purchasing any other materials for this work, shall proceed with the foundation work and that if, at the time of excavation therefor, the Contractor finds that extra foundation work is required he shall so notify the Owner, and Owner shall at that time have the right and option to immediately cancel and terminate the within contract or to deposit the estimated cost of the required extra foundation work with the Lending Agency, if there be one named herein, or add such amount to the contract funds wherever same are at that time deposited; it being agreed that in the event of a cancellation the Contractor shall be paid his actual costs of the work done to the time of cancellation. In computing said costs building permit fees, insurance and such financing and title charges as are not refundable shall be included; but supervision time, office overhead and profit are not to be included. 12, No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, except such items as are plainly evident to anyone not experienced in construction work, but the entire work is to be subject to the inspection and approval of Owner at the time when it shall be claimed by Contractor that the work has been completed. At the completion of the work should there be any minor items in question, or to be adjusted, i. e., items not of a substantial nature, Owner may withhold from the payment then due a sum equal to twice the fairly estimated amount of money required to cover said items or involved by such adjustments, and shall pay the difference to the Contractor. It is understood and agreed that the acceptance of any works by the Owner shad not be construed to be an acceptance by aforesaid "First Lien Holder" who is not a party hereto. 13. Owner agrees to sign and file for record within ten days after the completion and acceptance of said work a notice of completion (a copy thereof to be deposited with aforesaid "first Lien Holder" at least forty- eight hours prior to such recording), and Contractor agrees upon receipt of final payment, to release the said work and property from any and all claims that may have accrued against same by reason of said construction. If the Contractor faithfully performs the obligations of this Contract on his part to be performed, he shall have the right to refuse to permit occupancy of the structure by the Owner or Owner's agent until Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual agreement of the Owner and Contractor under the provisions of the preceding paragraph hereof. Said "First Lien Holder" has the right to make its own decisions as to the completion of any work, in- dependent of the parties hereto. 14. Owner agrees to procure at its own expense and prior to the commencement of any work hereunder, fire insurance with course of construction clause and waiver of fallen building clause .attached in a sum equal to the total cost of said improvements as set forth in paragraph 3 hereof, with loss, if any, payable to any mort- gagee or beneficiary, such insurance to be written to protect the Owner and the Contractor, as their interests may appear, and should Owner fail so to do, Contractor may procure such insurance, but is not required to do so, and owner agrees on demand to reimburse Contractor in cash for the cost thereof. 15. Contractor shall at his own expense carry all workmen's compensation insurance and public liability insurance necessary. for the full protection of Contractor and Owner during the progress of the work. Cer- tificates of such insurance shall be filed with Owner and with said "First Lien Bolder" if Owner so requires, and shall be subject to the approval of both of them as to adequacy of protection. J.G. As between the parties hereto, all questions as to the rights and obligations arising under the terms of the contract, the plans and specifications are subject to arbitration. In case of dispute either party hereto may make a,demand for arbitration by filing such demand in writing with the other. One arbitrator may be agreed upon, otherwise there shall be three, one named in writing by each party within five clays after demand is given, 4 and a third chosen by the two appointed. Should either party refuse or neglect to appoint said arbitrator or to furnish the arbitrators with any papers or information demanded he or they are empowered by both parties to proceed ex parte. If there be one arbitrator his decision shall be binding; if there be three the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and wherever permitted by law it may be filed in Court to carry it into effect. The Arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is upheld such sums as they shall deem proper for the time, expense and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay. The arbitrators shall fix their own compensation, unless otherwise agreed upon, and shall assess the costs and charges of the arbitration upon either or both parties. No one shall act as arbitrator who is in any way financially interested in this contract or in the business affairs of either Owner or Contractor. The action or decisions of any arbitrators do not affect any of the rights of, and are not binding upon, the aforesaid "First Lien Holder." IT. Should either party hereto bring suit in court to enforce the terms hereof any judgment awarded shall include court costs and reasonable attorney's fees to the successful party. 18. Upon the completion of the work the Contractor agrees to remove all debris and surplus materials from owner's said property ( including underarea of structure) and leave said property in a neat and broom clean condition. 19. The Contractor shall not assign or transfer this contract without first obtaining Owner's consent in vrriting, 20. The aforesaid "First Lien Holder" is not a party to this Contract and is not bound or obligated by or dander any of the terms hereof. 21. Time is of the essence of this Contract as to both parties hereto. 22. Addendum: It is agreed that art glass windows shall be same or similar in design and construction as those now beir; installed in Cypress View .,,--usoleum located in San Diego, California. It is also agreed to co mence work hereunder within 90 days from date of acceptance of contract. ���i�a�4S�,xx�xsg��e�x�a�exalfSit�g�x.�§ 23. Construction to begin not later than ;larch I, 1957. Ix Wrnmm WB EREo1~', the said parties hereunto set ATTEST: M41 k4 city erk hands the day SINNER first above written. This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer $ you doubt the form's fitness for your purpose. MEMO J�XD CH.r3GE ORDER Date; March 11,1957 SINNER BROTHERS General Contractors PROJECT; Hillside Mausoleum CH'NGE ORDER NO. 1 as hereunder outlined shall be included .in the Contract for above project, We propose to furnish plans, specifications, and labor for the construction of one hundred and forty-four(1144) single crypts addition to unit #1 for the sum of Twenty one Thousand. five hundred seventy eight dollars and forty cents ($21,57$.40). And Sub -crypts- Twenty-four(24) for One thousand two hundred dollars (41, 200. 00) . The amount of $ 22,778.40 shall be added to the general contract price. SINNER BROTHERS General Contractors By v A r d C of edlands CITY CljiK City of Redlands IlJEMO AWD CH.`XGE CRLER Date: March 11,1957, SINNER BROTHERS General Contractors PROJECT: Hillside Mausoleum CH,WGE ORDER NO. 2 as hereunder outlined shall be included in the Contract for above project. Change picture of "Christ on the Mountain" to 41The Lord is My ShepherdY4. No change in cost. The amount of $ shall be added to or deducted from the general contract price, SINNER BROTHERS General Contractors City of Redlands STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES • 450 MCAL,I—ISTER STREET • SAN FRANCISCO i CERTIFICATE OF INSURANCE February 28, 1957 City of Redlands Re dland, C a1 if. Policy No. 132379-56 Policy Period: 7_1-56/57 THIS IS TO CERTIFY that we have issued to: Sinner Brothers i711 Santa Barbara San Diego 7, Calif. a valid Workmen's Compensation Insurance Policy in a form approved by the Insur- ance Commissioner for the policy period indicated above. This Policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the Insured. We will also give you TEN days' advance notice should this Policy be cancelled ,prior to its normal expiration. STATE COMPENSATION INSURANCE FUND By FORM 262 S.F. Mauugcr 39979 7-39 33M L SPo CERTIFICATE OF INSURANCE Certificate issued to ............................ 01TY... OF--EEDIANnS., ... CALIFORML................................................... Address ------------------- ............................ .. W1k6JM,...GAY,IF.{)R=A This is to certify that the following policies, subject to their terms, conditions and exclusions, have been issued by this Company: Name of Insured -----------'.%..I.o --- 1S1 -AK2- Q..-Aa-- SIN1+1�-ItBA -.SINI F.�Z-.PROT-------------------------------------------- Address ---------------------------- 1711-.SADi'I'A--3A FAA RARd ,---SAN-D,IZG0,---QsLFGtEt- ----------------------- Type of Insurance policy Number Effective Date Expiration Date Limits of Liability Manufacturers' or Contractors' Bodily Injury $ Each Person $ Each Accident Manufacturers' cr Contractors' Property llamage $ Each Accident $ Aggregate Owners' or Contractors' Protective Bodily Injury $ Each Person $ Each Accident Owners' or Contractors' Protective Property Damage $ Each Accident $ Aggregate Comprehensive General Bodily Injury LAX 4000 9 4-29-56 4-29-57 $ Each Person $ Each Accident $300, pOO,O0 Aggregate Products Comprehensive General Property Damage LAX 40089 4-29-56 1.4-29-57 $ 50.000,OoEacli Accident $100 000 Aggregate Operations $ Aggregate Protective $ Aggregate Products $ Aggregate Contractual Automobile Bodily Injury $�, Each Person $ Each Accident Automobile Property Damage $ Each Accident Description and location of operations and automobiles covered - PREMISES -OPERATIONS: 1. 1711 SANTA BARBARA, SAN DIEGO. CALIFORNIA A. CARPENTRY - N.O,Ce 04 -3457 B. PAINTING, DECORATING OR PAPER. HANGING-XeO.C.-INCLUDING SHOP OPERATIONS 0400-3429 Go MASOMiC--N.O. Ce 0400-3447 D. EXCAVATION -MR CELLARS OR FOUNDATIONS OF RUILDINGS, BRIDGES, RETAINING WALLS OR DAMS INCLUDING ROCS O400-3470 P. CONCRETE CONSTRUCTION-N.O.C.-INCLUDING, FOUNDATIONS, M&KINGPETTING UP OR TAKING DOWN F'OIMS, SCAFFOLDS, IIALSEWORK OR OUNCRETE DISTRIBUTING APPAPATUS 0400-5213 PROWCTS i TII36 STONE, MOSAIC. OR TERRAZZO WORE -INTERIOR CONSTRUCTION ONLY 0465-7174 It is the intent of the Company to notify the party to whom this certificate is addressed in the event of any material change in or cancellation of said insurance, but the Company assumes no responsibility to do so. ---------------------TLiE._ ca+ ERc AI.. INAWNCE._coMPAINY 0 '..XZWARK.... !! ? RRSZY ... - (Name of Compatj���jj nn�� f R�iV SE VICE£ C{► Date i l;y......... ..?t,�,n ..--------------------- Und-CS 5945-D—Printed in U.S.A. (Authorized Representative)