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HomeMy WebLinkAboutDeeds & Easements_22-1987EA G R E E M E N T THIS AGREEMENT, made and entered into this 20th day of November , lg 86 , 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 Hovey Electric a partnership consisting of or an individual trading as Hovey Electric of the City of Rancho Cucamonga_ County of ,San Bernardino 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. aCOPE gf WORK:, The Contractor will furnish all materials and will perform all of the work for the following: Installation of Pedestrian Signals on Colton Avenue at the University of Redlands in accordance with the plan No. F-1215 and these specifications. 2. THE CONTRACT SUM: $54,086.00 3. TIME Q COMPLETION: The work to be completed within thirty (30) days excluding Saturdays, Sundays and legal Holidays from and after the date of commencing the work. 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 Foroi, Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond and Plans and Specifications and any addenda thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of Redlands (Owner) By: Mayor, City of Redlands, County of San Bernardino, California ATTEST: City Clerk, City Redlands County of San Be nardino, California (SEAL) unaEv EUCIRIC - -- (Contractor) By: (Signature) OWNIM (Title) (Signature) (Title) (Contractor's License No.) -10- BOND NO. 30 34 41 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS That HOVEY ELECTRIC as Contractor, and INSURANCE COMPANY OF THE WEST as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the SUM Of FIFTY FOUR THOUSAND EIGHTY SIX AND NO/100- - - - dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and.severally, firmly by these presents. WHEREAS,, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the City's specifications entitled 9A,g Tax Project k1g, M Qf EQd-eEtliAn B-isnAl.1 Qn _Q ]It2n AYajaug d-t tha I-aiyeisity DI Redlands. - NOW THEREFORE, if said Contractor shall perform all of the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and in effect until 90 days after completion. PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alteration or extensions of the contract is hereby waived by said Surety. SIGNED AND SEALED, this 29TH day of OCTOBER r 19 86 HOVEY ELECTRIC ( SEAL) (Contractor) INSURANCE COMPANY OF THE WEST ( Su rety) (SEAL) By: By (Signature) (Signature) VICTOR D. HOVEY, OWNER MAUREEN L. VILL,ENA, ATTORNEY -IN -FACT (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) -11- ('AI.1FORNIA A('KN0W11:Ul;EMEN'1' 11V S1l1i;E'1'V SI'A-i L OF CALIFORNIA COUNTY OF_SAN BERNAUINO _ On this 29TH day of OCTOBERin thr ycai 1�186 hctuic mr,- OSCAR P. VTLLENA _. , pcisonally appeared —_-- _ __-- MAUREEN L. VILLENA _ personally known to me (or proved tu) me un the hask o! %alisldclory evidence) to he Ilic limim, who executed the wilhill insirument as attorney -in -fact of INSURANCE COMPANY and acknowledged io me Thai !hr �,uitu��alion c�,..utcii II OFFI" SEAL Ow P, mm iiDTRk1 PUBl1C cauFt7RNIA SAN BERNARDIN O COUNTY 37 83[.4LxF@b. t1, 199[i w r OF THE WEST - corporation ANoia l Public _.._._ FEBRUARY 17, 1990 KIN i % ttics INSUREE NCE COMTANY OF U--E WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: OSCAR P. VILLENA MAUREEN Z. VILLENA its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred In its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Pact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be It further "RESOLVED- That the Attorney -in -fact may be given full power to execute for and in the name of and an behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 5TH DAY OF OCTOBER 1984 �puPAkyor INSURANCE COMPANY OF THE WEST VDQ�E° CH VA Z� Aett C�L1FpR11�� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 5TH DAY OF OCTOBER 19&6fore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described In and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument Is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFCAL SEAL NORMA PORTER ' kaTARY PUBLIC-CALIFDR19tk L r,l Olid in San vier C"Wft str Cowmiss ExP lan. S, I96B� STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' [Pva&Z (votary Public 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is In full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 29TH day of OCTOBER 19 86. PANt ararrfo 5 � 4RL1i 1. �� S BOND NO. 30 34 41 LABOR AND MATERIAL, BOND KNOW ALL MEN BY THESE PRESENTS, That HOVEY ELECTRIC - as Contractor and INSURANCE COMPANY OF THE WEST as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the Sum OfFIFTY FOUR THOUSAND EIGHTY SIX AND N01100 dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor.has been awarded and is about to enter into the annexed contract with said City, to perform all work required under the Bidding Schedule(s) of the City's Specifications entitled Gas TAx Project Np. M ` Installation -Qf Pedestrian Signals Qn Colton Avenue " #bg Un-iversity Qf ReLdlandS. NOW THEREFORE, if said Contractor, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law and will remain in force until 90 days after completion. PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. SIGNED AND SEALED, this 2 TH _day of OCTOBER 1986 HOVEY ELECTRIC (SEAL) INSURANCE COMPANY OF THE WEST (SEAL) (Contractor) (Surety) BY: By: (Signature) (Signature) VICTOR D. HOVEY, OWNER MAUREEN L. VILLENA, ATTORNEY -IN. -FACT (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) -12- CA1.1FORNIA A('KN()W1,1-:1)(:I,;MI-:N'I' Ill' S(JR1,:7'V STATE OF CALIFORNIA i ICOUNTY OF� SAN BERNARDINO Its. On this _291H_ day of OCTOBERin the yell, 1986 , b0orr lilt-, OSCAR P_. VILLENA _ , persnil•illy appeared _ MAUREEN L. VILLENA _ personally known to me (or proved to me oil the basis of satislaciory evidence) to be tht4 ison,,who executed the within instrument as attorney -in -fact of -- INSURANCE COMPANY OF THE WEST and acknowledged to me that the corporation executrd it. DFROAL srx - 0SUR P. VIuBA 2378 Rev, 2; 83 Punted in U.S.A. 'OUM My �anr3. txpua I:�u.17, 199a corporation iNuru y ruuuc FEBR_UARY — My (.'u1u,11j' ", 1.xt)jFCS iNSUR ` ICE COMPANY OF -- SST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duty authorized and existing Linder the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: 05CAR F. VILLENA MAUREEN 1. VILLENA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, seat, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations In the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full. and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 5TH DAY OF OCTOBER 1984 �pvPkkr INSURANCE COMPANY OF THE WEST C�UFO RF President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 5TH DAY OF OCTOBER 19&4fore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seat and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written, OFFfCJAL SM NORMA PORTER %D]ARY r0BiIC_ULlFDRHU F1,.,6P81 OftKA in S&n D1 W COL"'t7 Notary Public At1 Lprvmit,ion Exp ion. 8.`I988` ` STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seat of the Corporation, this 29TH day of OCTOBER i9 85. tA� PANr cs 44�� OCTOBER 14, 1986 INSTALLATION OF PEDESTRIAN SIGNALS ON COLTON AVENUE AT THE UNIVERSITY OF REDLANDS The following bids for the installation of pedestrian signals on Colton Avenue at the University of Redlands were opened and publicly declared in the Office of the City Clerk, City Hall, 30 Cajon Street, Redlands, California, at 10:00 A.M. on this date: Hovey Electric, Inc. $54,086.00 Alta Loma, California Paul Gardner Corporation 60,285.00 Ontario, California Sierra Pacific Electrical Contracting 62,570.00 Riverside, California DBX, Inc. 67,350.00 Temecula, California Bids were referred to the Municipal Utilities Department for study and recommendation. City C erk NOTICE INVITING SEALED PROPOSALS (BIDS) for INSTALLATION OF PEDESTRIAN SIGNALS ON COLTON AVENUE AT THE UNIVERSITY OF REDLANDS NOTICE IS HEREBY GIVEN that the City Council of the City of Redlands invites all and will receive sealed proposals (Bids) up to the hour of 10:00 a.m. on the 14th day of October. 1986, and marked: Installation of Pedestrian Signals on Colton Avenue at the University of Redlands. The City Council of the City of Redlands reserves the right to reject any and all bids and award contracts in the best interests of the City. Plans may be seen and forms of proposals, bonds, contracts and speci- fications may be obtained at the office of the City Engineer, City Hall, Redlands, California, upon payment of Fifteen Dollars ($15) per set, which will not be refunded. (Add $2.50 for postage and handling if mailing requested). Each proposal (Bid) shall be made out or submitted on a form to be obtained at the office of the City Engineer and must be accompanied by a cashier's check, a certified check, or a bidder's bond in an amount not less than ten percent (10%) of the amount of the bid, made payable to the order of the City of Redlands, and each bidder proposal shall be sealed and filed with the City Clerk at or before the time in this Notice provided. The above -mentioned check or bond shall be given as a guarantee that the bidder will enter into a contract with the City if awarded the work, and will be declared forfeited if the successful bidder refuses to enter into said contract. The successful bidder will be required to furnish a faithful perfor- mance bond in an amount equal to one hundred percent (100%) of the contract price and a 100% labor and material bond, said bonds to be obtained from a surety company satisfactory to the City. All terms and conditions contained in the contract documents including the Information to Bidders shall become a part of the contract. No bidder may withdraw his bid for a period of thirty (30) days after the time set for the opening thereof. BY ORDER OF THE CITY COUNCIL OF THE CITY OF REDLANDS, SAN BERNARDINO COUNTY, CALIFORNIA. Dated this 23rd day of Sept . 19 86 . City Cl rk, Cit Redlands San Bernardino nty, California -3- ORAL PETITIONS FROM THE FLOOR Redlands Shirley Harry, President of the Redlands Cultural Founda- Cultural tion, read from a prepared statement to Council officially Foundation requesting a site to be designated as the Civic and Cultural Park. Redlands is already known in the area for so many fine cultural programs. They would like to sit down with Councilmembers and staff to discuss the merits of such a site and to obtain a commitment that the site would be purchased as soon as possible and held until funds could be raised to transfer title to the Redlands Cultural Foundation. Several Councilmembers expressed their concurrence and Mayor Beswick and Council - member Wormser agreed to meet with the Foundation for further discussions. BIDS Mr. James Venters, owner of Crafty Christian Craft Store, approached Council to request permission for an outdoor display of crafts goods for one day only. He was advised by Community Planner Atencio this could be achieved by applying for a "yard sale" permit through the City Treasurer's Office. The following bids were opened and publicly declared at 10:00 A.M. on October 14, 1986, in the Office of the City Clerk for installation of pedestrian traffic signals on Colton Avenue at the University of Redlands: Hovey Electric, Inc. Rancho Cucamonga, California $54,086.00 Paul Gardner Corp. Ontario, California 60,285.00 Sierra Pacific Electrical Riverside, California 62,570.00 DBX,' Inc. Temecula, California 67,350.00 Bids Award At this time, it is the recommendation of the Department Pedestrian of Public Works that award be made to Hovey Electric, Inc. Signals as theirs was the lowest, responsible bid. Following dis- cussion of this budgeted project, Councilmember DeMirjyn expressed his view that one signal crossing instead of two would be sufficient. On motion of Councilmember Johnson, Council approval was given to the award of the installation of pedestrian traffic signals on Colton Ave- nue at the University of Redlands to Hovey Electric, Inc. of Rancho Cucamonga in the amount of $54,086.00. Motion October 21, 1986 Page five - seconded by Councilmember Larsen and carried by the following vote: AYES: Councilmembers Larsen, Johnson, Wormser; Mayor Beswick NOES: Councilmember DeMirjyn UNFINISHED BUSINESS Ordinance Ordinance No. 1966, an ordinance amending Ordinance No. No. 1966 1000 of the City of Redlands by adopting an additional land use district map as part of the Official Land Use Zone Change Zoning Map and effecting Zone Change No. 306, a change No. 306 of zone from T (Transitional) District to R-2 (Multiple Family Residential) and R-S (Suburban Residential) Districts for various Locations was given its second reading of the title by Deputy City Clerk Sanchez, and on motion of Councilmember Wormser, seconded by Council - member Johnson, further reading of the ordinance text was unanimously waived. Ordinance No. 1966 was adopted on motion of Councilmember Larsen, seconded by Council - member Wormser, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No. 1967, an ordinance amending Ordinance No. No. 1967 1000 of the City of Redlands by adopting an additional land use district map as part of the Official. Land Use Zone Change Zoninq Map and effecting Zone Change No. 307, a change No. 307 of zone from R-E (Residential Estate) District to A-P (Administrative --Professional) District for approximately 2.85 acres of land located on the northeast corner of Ford Street and Reservoir Road, was given its second reading of the title by Deputy City Clerk Sanchez, and on motion of Councilmember DeMirjyn, seconded by Council - member Larsen, further reading of the ordinance text was unanimously waived. Ordinance No. 1967 was adopted on mio _."ion of Ccuncil.member Wormser, seconded by Council - member Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No. 1969, an ordinance establishing penalties No. 1969 for violation of the Uniform Fire Code, vesting enforce - Infraction ment authority in designated officers and authorizing issuance of infraction citations, was given its second Citation reading of the title by Deputy City Clerk Sanchez, and Program on motion of Councilmember DeMirjyn, seconded by Council - member Johnson, further reading of the ordinance text was October 21, 1986 image six -