HomeMy WebLinkAboutContracts & Agreements_22-1997_CCv0001.pdf Recorded in Official Records, County of
San Bernardino, Errol J. Mackzum, Recorder
RECORDING REQUESTED BY No 199eaq
AND WHEN RECORDED MAIL TO Doc No . 19980006080
F -1 1 : 44pm 01 /08/98
Name Office of the City Clerk
City of Redlands 205 40097952 01 05
Street
Address P. 0. Box 3005
1 f7 2 r-1 3 f— 4 M 5 r-1 6 7 r— 8 M 9 F-1 0 M
City & Redlands, California 92373 —PG FEE I APF GIME I PH CPY I CRT CPY "D JIM PEN'PH noR
State
NON ST LN &YY CIT-CO TRANSTAX I DA CHRG EXAM -D
AUMOWS PARaL Ido-..:d 771 .: �NOTICE OF COMPLETION SEMON 6103
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion, (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Redlands - Municipal Utilities Department
3. The full address of the owner is P.O. Box 3005
Redlands CA 92373
4. The nature of the interest or estate of the owner is; In fee.
(if other than fee,strike"in fee"and insert,for example,"purchaser under contract of puirdiasimi"or lessee'l
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
& A work of improvement on the property hereinafter described was completed on January 2, 1998 The work done was:
2100 Zone Transmission and Distribution Pipeline, Proiect No. 1-9736
7. The name of the contractor, if any, for such work of improvement was: CNB Excavatin-q, Inc.
April 1, 1997
(ff no conF.Oa-for war]( improvement as a whole,insert"none".) tuate ol Contract)
8. The property on which said work of improvement was completed is in the city of
County of San Bernardino, State of California, and is described as follows: In the area of Mentone, in Garnet St,Florida St&Greenspot
Rd,starting from Garnet St&Hwy 38 along Garnet St to the north to Florida St then along Florida St to the West to Greenspot Rd then along
Greenspot Rd to the north to approx. 600' north of Florida St:in Newport Ave from Garnet St&Newport Ave to the east to Emerald Ave then
in Emerald Ave to approx. 3000' north of Newport Ave; &in Amethyst St from Florida St&Amethyst St to approx. 800' south of Florida St;
&in Sapphire St from Florida St&Sapphire St to 700' to the north east.
9. The Street address of said property is None (if no street address has been 71-cialfitassagned,Insert'Tione )
Dated: January 8, 1998
ventication I iniavloual 0.
Elias Elhazin, Project aggger
signature of owner or corporate officer of owner names in paragraph 2 or his agent
VERIFICATION
1, the undersigned, say: I am the Municipal Utilities Director the declarant of the foregoing notice of completion; I have read
,51,00 manager OT'--A Partner Or-, -VOMOr
said notice of completion and know the contents thereof, the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct,
Executed on JanuzLry 8 ig 98., at Redlands , California,
75ate of s gnature) (City mier-0 sign cit
Gary G. Phelps, ufleipal Uffilli or
is swear
(Personal signature of t dividual who n that contents of the notice of
completion are true.)
AGREEMENT
THIS AGREEMENT,made and entered into this P
of day 19 by and
SI
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
(A
a partnership consisting of
or an individual trading a
of the
City
Of <�7 �k County of
jj�
State of California, hereinafter4eferred 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:
Construction of the 2100 Zone Transmission and Distribution Pipeline Project, complete,
all as specified in the Contract Documents (Drawings and Specifications), and made a part
of Project No. 1-9736.
2. THE CONTRACT SUM: $ 8_0_0,000-00in accordance with the terms and
conditions set forth in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within one hundred twenty-five
(115) working days from and after the date in the Notice to Proceed.
4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the time
allowed will result in damages being sustained by the City. Such damages are, and will continue
to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City,
or have withheld from monies due it, the sum of $500 for each consecutive calendar day in
excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by the City and Contractor that $500 per
day is the minimum and actual damage caused by the failure of the Contractor to complete the
Work within the allowed time. Such sum is liquidated damages and shall not be construed as
a penalty, and may be deducted from payments due the Contractor if such delay occurs.
5. 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-1
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret
the terms or conditions of the contract documents, the prevailing party in such action, in addition
to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount
of $375,000.00 or less shall be made by Contractor and processed by the City pursuant to the
provisions of Part 3, chapter 1, article 1.5 of the Public Contracts Code (commencing with
Section 20104). All claims shall be in writing and include the documents necessary to
substantiate the claim. Nothing in subdivision (a) of Public Contracts Code Section 20104.2 shall
extend the time limit or supersede the notice requirements provided in this case from filing
ciaims by Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
City of Redlands
(SEAL) (Owner)
i a-4yorCi of RJjlands, County of
San Bernardino, California
ATTEST:
Cl Cit,: of rids
County' of San Bernardino, California (SEAL)
j
p
Name of Contractor
/A
By`-
1" L
Signature of Authorized Agent
Title
Signature of Authorized Agent (if necessary)
Title
Contractor's License No.
CD-2
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SCAFECO' HOME OFFICE: SAFECO PLAZA
AWSEATTLE,WASHINGTON 98185
Bond 5922065
Premium $1,020.00
BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE - PUBLIC WORK
KNOW ALL BY THESE PRESENTS,That we, CNB EXCAVATING, INC.
of P.O. BOX 361, SUN CITY California,
hereinafter called Principal,as Principal, and SAFECO INSURANCE COMPANY OF AMERICA I
a corporation organized and existing under the laws of the State of Washington >with principal place of business in
Seattle and authorized to transact business in the State of California,hereinafter called Surety,as Surety,
are held and firmly bound unto CITY OF REDLANDS
and any authority, or authorities, board or boards, officer or officers having control or distribution of money due,or to become due under
the contract,hereinafter called Obligee,in the sum of One Hundred Two Thousand Forty One and 00/100 - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars($ 102,041.00 lawful money of the United States of
America, for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves,their heirs, executors,
administrators, successors and assigns,jointly and severally firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Principal was awarded and entered into a
written contract, dated on or about ,with the Obligee,for CONSTRUCTION OF THE 2100
ZONE TRANSMISSION AND DISTRIBUTION PIPELINE PROJECT NO, 1-9736
. and
WHEREAS, a certain stop-notice has been filed against payments which are due the said Principal in connection with said contract, in
the amount of 81,632.52
By BEN'S ASPHALT AND SEAL COATING, INC.
AND WHEREAS, the said Principal disputes the correctness or validity or enforceability of the stop-notice so filed, and desires that the
funds now due him under the provisions of said contract shall be delivered to him notwithstanding said stop-notice.
NOW, THEREFORE,if the above named Principal shall pay any sum which the stop-notice claimant may recover on the claim together
with his costs of suit in the action, if he recovers therein, not exceeding the penal sum of this bond, then this obligation shall be void,
otherwise it shall be and remain in full force and effect.
THIS BOND IS GIVEN AND ACCEPTED under and in accordance with the provisions of Section 3196 of the Civil Code of the State of
California,
Signed, sealed and dated this 12TH day of January 1998
B
Principal
SAFECO INSURANCE COMPANY OF AMERICA
Surety
/G.L.'REZA Attortiy-m-Factc,
S-0840/SAEF 8/97
Registereci trademark of SAFECO Corporation.
SAFECO INSURANCE COMPANY OF AMERICA
POWER GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE:SAFECO PLAZA
SEATTLE.WASHINGTON 08185
SAFEM
No. 9091
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation. does each hereby appoint
NNNNNNNNN K*%us*uuuuxusuuxuuum van G. L. REZA
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 4th day of January . 19 93
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. FIDELITY AND SURETY BONDS . . . the President. any Vice President. the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles With authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced. provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By-Laws. and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto. and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof"
1. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and
of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By-Laws. the Resolution and the Power of
Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation
this # day of 19
ri
S-974/EP 1193 G Registered trademark of SAFECO Corporation.
'0-1
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
��ii ^ FIRST NATIONAL INSURANCE COMPANY OF AMERICA
.7AFEW HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA )
County of ORANGE )
On 01/121/1998 before me, (here inset name and title of the officer), personally appeared
G.L. REZA, ATTORNEY-IN-FACT
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 signatures) 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.
Signature (Seal) a 5 Mtin N A. �tAiRsaES
SUSAN A. FARIES s NoORANG COt1�NT°Y� o
M C EMBElonEi�
DECEMBER 6,206t�
c�vea�
S-1157/SAEF 11/97
S Registered trademark of SAFECO Corporation.