HomeMy WebLinkAboutContracts & Agreements_60-2001_CCv0001.pdf Recorded in Official Records, County of
RECORDING REQUESTED BY San Bernardino, Larry Walker, Recorder
AI`0 WHEN RECORDED MAIL TO:
No Fee
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CITY CLERK [SOC No .
CITY OF REDLANDS . ' am 09/ 10/01
35 CAJON STREET
P.O. BOX 3005
REDLANDS CA 92373 205 49F 1 1 e 7 g g
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SPACE ABOVE THIS LINE Ft 5
NDN ST LN SYY CtT•CO TRANS TAX DA CHAS, EXAM
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 August 17,2001. The work done was:
Street Resurfacing Improvements, Contract No. 01-3014-4150.
7. The name of the contractor for such work of improvement was:Matich Corporation
P.O.Box 50,000,San Bernardino CA 92412 May 1, 2001
(Date of Contract)
& The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of California,
and is described as follows:Marion Road, Fifth Avenue to Pleasantview Avenue; Fern Avenue,Cajon Street to Center
Street; University Street, Cypress Avenue to Citrus Avenue; Brookside Avenue (westbound lane only), Eureka
Street to San Mateo Street; Dearborn Street, Fifth Avenue to Colton Avenue; Pine Avenue, Center Street to
Tennessee Street; Sunset Drive, Kimball Lane to Country Club Drive; Parkwood Drive, Glenwood Drive to
Brookside Avenue; and Alta Vista Drive, East Sunset Drive to Highview Drive.
9. The street address of said property is: Not Applicable
Dated:August 24, 2001
Senior Engineer, Public Wor epartment,City of Redlands
VERIFICATION
I, the undersigned,say t 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 August 24, 2001,at Redlands,California.
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Public Works Director, Public Works Dep"tri4nent,City of Redlands
AGREEMENT
THIS AGREEMENT, made and entered into this Vt day of May, 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 Matich Corporation of the City of Colton, 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. SCOPE OF WORK: The contractor will furnish all materials and will perform all of the work for
the following:
To perform construction of the Street Resurfacing Improvements project, complete, all as shown,
specified, and made a part of Contract No. 01-3014-4150.
2. THE CONTRACT SUM OF: $465,734.80
3. TIME FOR COMPLETION: The work shall 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, 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
By.
Mayor, City of Redlands
County of San Bernardino, California
ATTEST:
4
City Clerk, City of Redlands
County of San Bernardino, CaliforrXi.-
MATICH CORPORATION
Name of Contractor
r
CONTRACTOR SEAL By;
Signa6ire of Authorized Agent
Signatory's Title
Signature of Authorized Agent (if necessan)
Signatory's Title (if necessary)
149'783 A
Contractor's License No.
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. 01-3014-4150.
MATICH CORPORATION
Name of Contractor
By:
Signa*4 of Authorized Agent
we PMW"*
Signatory's Title
149783 A
Contractor's License No.
Bond No. 26 18 16
PERFORMANCE BOND Premium:$2748.00
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as City),
and Matich Corporation (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 May 1, 2001, and identified as Contract No. 01-3014-4150, 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 anti firmly bound
unto the City in the sum of Four Hundred Sixty Five Thousand Seven Hundred dollars
($465,734.80 ) ypfyWAPbNW 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 May 8th 2001. Bond No. 26 18 16
National Union Fire Insurance Company
Mat-ch Coration (SEAL) of Pittsburgh, PA (SEAL)
Principa� ) " Surety
lyVim Prwident
By: BY:
Signalae e Jane Kepner, Attorney—in—Fact
Ad ZtS.: -21�72 Sniil-h FiqiiPima St-rp-p-t*-
Los Angeles, CA 90017
(Notarial Acknowledgments of Principal and Surety) Telephone: (.�13 � 689-3971
ALL-PURPOSE
,
State ofCalifornia
`oun, of San Bernardino SS,
Susan , Hubbard' Notary llj�� .
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personally known to rnie� OR
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evidence o be the e aunts} wilos
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Ware SUbscribed to tue within Iiltitrument and
acknowledged to tie that he/-he/they execute(
the same In §§ittis/herlthiyye ig iraut t� red
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tt.?n t€(res(s a {}ti the instrument the person(s),
or t€le e111ity, upon behalf of which the
person(s) acted. executed the instrument,
SUSAN C, HUBBARD N)ESS my hand and official sea e
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PUBLIC-CALIFORNIA
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tCAPACITY CLAIMED BY SIGNS DESCRIPTION OF ATTACHEDDOCUMENT
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On _31-Yller before me, Nanette Mariella-Myers, Notary Public
/ / DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC`"
personally appeared Jane Kepner
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
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), or the entity upon
behalf of which the person(s) acted, executed the instrument.
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
H GENERAL
X ATTORNEY-IN-FACT
F-1 TRUSTEE(S)
F] GUARDIAN/CONSERVATOR NUMBER OF PAGES
E] OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
5-4067/GEEF 2/98 C 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P-0.Box 7184-Canoga Park,CA 91309-7184
PARENT BOND
X r-x
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as
"City"), and Matich Corporation (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 May 1, 2001, and identified as Contract No. 01-3014-4150, 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 Four Hundred Sixty Five Thousand Seven Hundred Thirty dollars
($ 465,734.80 )VPfiiAeNsJfWViWed 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 th e amount herein above 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 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 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 Ma= 8th 2001. Bond No. 26 18 16
National Union Fire Insurance Company
Matich Corporation (SEAL) of Pittsburgh, PA (SEAL)
Principal ,l,, Surety
ti 'Vke PreskWt
By: By:
Signatury at Jane Kepner, Attorney—in—Fact
na
in
i
A��regsst: 777 South FIgueroa-Str-eet
Los Angeles, Ca 900.17
(Notarial Acknowledgments of Principal and Surety) Telephone: (_?Al 689-3971
ALL-PURPOSE ACKNOWLEDGEMENT
State o f Calif rriia
Minty o
San Bernardino
�f
of,. Susan . r N1018 bl
re tree,
PCFS011filly appeared �
persot-tally known to nie - O _ E] proved to me on the basis of satisfactory
v i Pete ad to e he person s) whose n an-k {s)
is/are subscribed -,,") the within instrurnent and
ac'b.-I1C)xheCft.ed to Iglu that Cte Sbe,°zee exeCLIted
the `:anie in Elis hentthei uthorize
sr'neat es(s) on the, instrument the person(I"'.
X or the ;t)tfl v' on behalfof which the,
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tE".soll(4 i llcteit ,Xecute ,he Instrument,
�f ' SSIn", hand and official Se41.
lieSUSAN C. NUBBARD
Corrin.#1288127
A�
NOTARYPUBLit
-CALIFORNIA
Sen Bernardino Gauniy
My Comm.Expires Dec.23,20+74 s c r Ye
OPTIONAL
trnnat'o?1 be I ow is not rCULfired fit' I aw, Fio it ,C uId re Fl? PtaMILIIenI: attachment of Itis ceckn d-
CAPACITY _ SIGNS (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
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CA-IPORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On AZ91-1-1:�F1 before me, Nanette Mariella-Myers, Notary Public
' DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Jane Kepner
NAME(S)OF SIGNER(S)
X 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
signature(s) 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 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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
F-1 PARTNER(S) LIMITED
H GENERAL
X ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave-,P.O.Box 7184-Canoga Park,CA 91309-7184
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