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HomeMy WebLinkAboutContracts & Agreements_157-2001_CCv0001.pdf Recorded In Official Records, County of San Bernardino 3/15/2002 LARRY WALKER 8'50�" R DN RECORDING REQUESTED BY AuditorlController — Recorder AND,WHEN RECORDED MAIL TO: tiE R Regular mail CITY CLERK CITY OF REDLANDSQOC#: 2UO2-01297$ Titles: 1 Pages: 1 35 CAJON STREET Fees 0.00 P.O. BOX 3005 Taxes 0.00 REDLANDS CA 92373 1 other 0.00 I PAID $0.00 L SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED PER GOVERNMENT CODE NOTICE OF COMPLETION SECTION 6103 Notice pursuant to Civil Code Section 3093,this notice must be filed within 10 days after completion of work. 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 3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate of the owner is; In fee. 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: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on February 22,2002. The work done was: Traffic Signal Modification at Redlands BI. and Tennessee St., Contract No. 101302-7150/41001. 7. The name of the contractor for such work of improvement was:P O.Box 7339ght Electric Riverside CA 92513 November 6, 2001 (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bemardino,State of California, and is described as follows:Traffic signal at the intersection of Redlands Boulevard and Tennessee Street 9. The street address of said property is:N/A Dated:February 22, 2002 Senior Engineer,Public Works partment,City of Redlands VERIFICATION 1, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and have read 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 February 22, 2002,at Redlands,Califomia. _ r+— Public Works Director,Public Works Department,City of Redlands AGREEMENT THIS AGREEMENT, made and entered into this 6h day of November, 2001, 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 High Light Electric of the City of Perris, County of Riverside, 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: To perform construction of the Traffic Signal Modification at Redlands Blvd. &Tennessee St. project, complete, all as shown, specified, and made a part of Contract No. 101302-7150/41001. 2. THE CONTRACT SUM OF: $ 24,800.00 3. TIME FOR COMPLETION: The work shall be completed within sixty (60) 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, Proposal and Bid Forms, Bid Bond, Agreement,Performance Bond,Payment Bond,Plans and Specifications,all referenced specifications, and any Addenda thereto. 5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 6. DEFENSE OBLIGATION: The contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the contractor, its employees or agents in connection with the performance of the contractor's obligation under this contract. 7. INSURANCE: All policies of insurance required by this contract shall name the City, its elected officials, employees, and agents as additional insureds, and such insurance shall be primary with respect to such additional insureds and non-contributing to any insurance or self-insurance maintained by the additional insureds. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL �?Cf� By: / 7-�- Mayor, City of Redlands County of San Bernardino, California ATTEST: City Jerk, City of R County of San Berna in alifornia HIGH LIGHT ELECTRIC Name of Contractor 'In CONTRACTOR SEAL By: (�el Signature of Authorized Agent F Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 4� 718972, C-10 Contractor's License No. z WORKERS' COMPENSATION INSURANCE STATEMENT 1, the undersigned and authorized agent for the contractor, am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under the City's Contract No. 101302- 7150l41001. HIGH LIGHT ELECTRIC Name of Contractor By: Signature of Authorized Agent i Signatory's Title 718972 C-10 Contractor's License No. B01 "07' PREMIU11 BASED OM CONTRACT PRICE Executed in two originals Premium:$620.00 PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands,State of California(hereinafter City as designated ), 9 1 and High Light Electric (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated November 6, 2001, and identified as Contract No. 101302-7150/41001, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of Twenty Four Thousand Eight Hundred and 00/100 dollars ($ 24,800.00 -) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as therein provided, or his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials, officers, agents, and employees, as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on December 27 2001 Bond No. 08596353 Colonial American Casualty Huzh Light Electric (SEAL) and Surety Company (SEAL`} Principal Surety 1A \J Signature Signanirp 'Lori Yells, Atkor)fey-in-Fact Addre6s' 3 910 Keswick Rd\.J -Baltimore,NID 21211-2226 tNotanal Acknowled2menu,of Principal and Sureiy} Telephone: ( 847 ) 605-6000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 27, 2001 before me Dede D. Yuenger, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Lori Yells NAME(S) OF SIGNER(S) 2 personally known to me - OR 0 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 DME D.WINGER authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the } -cam' ! heff -COR !a entity upon behalf of which the person(s) acted, Orc.,Qe F LIM,, PAY Carm.EVIm jun executed the instrument. ............. WITNESS my hand and official seal. Place Notary Seal Above Signa t�de of NotPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: • INDIVIDUAL • CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT • PARTNER(S) - 0 LIMITED 0 GENERAL 2 ATTORNEY-IN- FACT NUMBER OF PAGES • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Executed in two originals Premium:Llsted on Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and High Light Electric (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated November 6,2001,and identified as Contract No. 101302-7150/41001,is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW,THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of Twenty Four Thousand Eight Hundred and 00/100 dollars (S 24,800,00 -) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void-, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and addition agrees that no change, extension of time, alteration or tion to the 9 1 terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on December 27 1001. Bond No, 085963153 High Light Electric f Colonial American Casualtv ,SE4L) and Surety Company (SLAL) Principal Surety F, Bv: H B v Signature Signatur Lori Yells,Atto -in-Fact Address: 3 910 Keswick-Rd. Baltimore, MD 211211-2226 (Notarial Acknowledgments of Principal and Surety) Telephone: (__847 ) 605-6000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On December.27, 2001 before me Dede D. Yuenger, Notary Public DATE NAME, TITLE OF OFFICER personally appeared Lori Yells NAME(S) OF SIGNER(S) personally known to me - OR 0 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 DEDE D.YUB4,_,;; commWon-.A !223n- signature(s) on the instrument the person(s), or the 4. NotaTY Pubk-CaRf;crm1a t entity upon behalf of which the person(s) acted, Orange Ccuny - executed the instrument. WU WITNESS my hand and official seal. Place Notary Seal Above Signatof Nota ey Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: • INDIVIDUAL • CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT • PARTNER(S) - 0 LIMITED 0 GENERAL • ATTORNEY-IN- FACT NUMBER OF PAGES • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Bond No. 08596353 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice Preside;n3--- d J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article V1. Section 2, of the said C Cl !*v, which are set forth on the reverse side hereof and are hereby certified to be in full force and the date ha'Xdoes hereby nominate, constitute ,\ at and appoint Eric LOWEY, Mark RICHARDSON, Lori L aiii! Ded� all of C osta Mesa, California, Attorney-in-Fact EACH its true and lawful agent and Attorney-in-FacttOV2, execute_ deliver, for,and on its behalf as surety, and as its act and deed: any and all bonds and und, gs, each i" Penalty not to exceed the sum Of SIX MILLION an DOLLARS($6,000,000) d the execution § ionds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and ampl){rlllhtents an it ses, as if they had been duly executed and acknowledged by the regularly elected officers of the Cionpaiiy at it I s 1,o f f�Xi' 'Baltimore,Md., in their ownproper persons. The said Assistant Secretary does hereby ce the extract set forth on the reverse side hereof is a e copy of Section 2,of the By-Lawsof said Com .I true Article VI, P s now in force. IN WITNESS WHEREOF, the ' ' ice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the std COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 13th day of June,A.D.2001. ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY REAL By: J G. Hamilton Assistant Secretary Paul C Rogers Vice President State of Maryland County of Harford ss: On this 13th day of June.. A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON. Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known' to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and s-aith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. A, T hi NOTARY PUBLIC co Patricia A. Tromhetti -Votary Puhlic My Commission Expires: October 9,2002 POA-F 186-2207