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HomeMy WebLinkAboutContracts & Agreements_19-1992_CCv0001.pdf ��`r�/J'/// /����\���////'/f//��1W\ RECORDING REQUESTED BY RECOMM,1II1 AND WHEN RECORDED MAIL TO W L RECORDS 92SEP 14 PN 2--'07 r SAN BERNARDINO Name CITY CLERK COUNTY, CALIF. Street CITY OF REDLANDS Ad,lress 2 E. CITRUS, SUITE 222 City & P. 0. BOX 3005 State REDLANDS,S, CA 9 2 3 7 3 J NO FEE 92,,,377249 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION 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: Z The full name of the owner is CITY OF REDLANDS I The full address of the owner is 2 E. CITRUS , SUITE 222 P n Rnx i p- 05-REDLANDS, CALIFORNIA 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 purchase," or "lessee") 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 NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on SEPT 2, 1997 The work done was: CONSTRUCTION AT CENTER TRUCK SEWER— PHASE III PROJECT, CONTRACT # 7. The name of the contractor, if any, for such work of improvement was PETAR ARTUKOVICH CONSTR T J2-4610 COMPANY TN R243 SRRANATA nR WHTTTIER CA 906113_APRTT 7, 1992 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract) 8. The property on which said work of improvement was completed is in the city of — REDLANDS Count of SAN BERNARDINO VARIOUS STREETS Y , State of California, and is described as follows: 9. The street address of said property is NONE (If no street address has been officially assigned, insert "non J Dated; SEPT. 8 , 1992 Verification for Individual Owner Signature of owner or porate officer of owner named in para aph 2 or his agent VERIFICATION I, the undersigned, say: I am the PUBLIC WORKS DIRECTOR OF the declarant of the foregoing ("President of', "Manager of", "A partner of", "Owner of", etc.) notice of completion; I 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 SEPTEMBER 8 19 92 at REDLANDS California. (Date of signature.) (City where signed) �— -� (Personal signature of the individual who is `sWearing that the contents of the notice of completion are true.) NOTICE OF COMPLETION---WOLCCTT4 FORM 1114—REv 6-74 (Price class 3) 8 pt, type or larger J, A G R E E X E N T F THIS AGREEMENT, made and entered into this 7th the day of April 19 92 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 Petar Artukovich Construction Company Inc Cf ttn FCity of Whittier County of Los Angeles State of California, hereinafter referred to as the "Contractor" . F 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, labor, equipment, tools and incidentals required to perform all of the work for the following: Center Trunk Sewer - Phase III, Project No. 14-7462-4610, in accordance with the Contract Documents. 2 . THE CONTRACT SUM: Actual Payment shall be in accordance with the Contract Documents. *$687,180.00* 3 . TIME FOR COMPLETION: The work to be completed within One hundred and eighty, (180) calendar days from the date of issuance of 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 . L Such damages are, and will continue to be, impracticable and extremely f difficult to determine. For each consecutive calendar day in excess of the itime specified, as adjusted in accordance with the specifications, fbr L completion of the Work the Contractor shall pay to the City, or have withheld i from monies due it, the sum of one thousand dollars ($1,000. 00) . Execution of the Agreement shall constitute agreement by the City and Contractor that $1, 000. 00 per calendar day is a minimum value of the costs and actual damage caused by failure of the Contractor to complete the Work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. A:\CTS-SPEC.SE1 BD-19 5. CONTRACT DOCUMENTS: The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Proposal Documents, General Specifications, Special Provisions, Agreement, Faithful Performance Bond, Labor and Material Bond, Plans and Specifications and any addenda thereto. 6. ATTORNEY'S FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs or other relief, be entitled to its reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of ;Redlands (Owner) L kiyor Cit f ' e-dUWs County of San 1 0 Bernardi ,, Cal1forn1 ATTEST: Citi--tiiet k, CitRedlands CountysofSan Bernardino, California (SEAL) Petar Artukovich Construction Co. , Inc. Name of Contractor b BY: 'Signature of Authorized Agent President Title 295300 Contractor's License No. (Corporation Seal, if applicable) ATTEST: Myrna, rtukovich, Secretary Petar Artukovich Construction Co. , Inc. A:\CTS-SPEC.SE1 BD-20 EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND BOND NO: 206572P PREMIUM: $13,744.00 KNOW ALL PERSONS BY THESE PRESENTS That Petar Artukovich Construction Co. , Inc. as Contractor, and Indemnity Company of California as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of Six Hundred Eighty Seven Thousand One Hundred Eighty & 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 Contract Documents entitled: Center Trunk Sewer - Phase III, Project No. 14- 7432-4610 NOW THEREFORE, if said Contractor shall perform all of the requirements of said contract required to be performed on their 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 for a period of one year from the date of completion specified in the Notice of 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, thisl5t1day of --- April f 1992. Petar Artukovich Construction 4 Indemnity Company of California Co. , Inc. , (SEAL) (SEAL) (Contractor) (Surety) By: '(Signature) President (Signature) E.E. Cristiano, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) 11 21 A:\CTS SPEC.SE1 BD-22 -EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND BOND NO: 206572P PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That Petar Artukovich Construction Co. , Inc. as Contractor and Tndemnitv Company of California as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of Six Hundred Eighty Seven Thousand One Hundred Eighty & No/100*************** dollars for i 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 of the City's Contract Documents entitled: Center Trunk Sewer - Phase III, Project No. 14-7432-4610. 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 contacted 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 bythe 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, thisl5t�dav of April 1992. Petar Artukovich Construction Co. , Inc. (SEAL) Indemnity Company of California (SEAL) (Contractor) (Surety) j By: By: (Signature) President E.E. Cristiano, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) A:\CTS SPEC.SE1 BD-23 POWER OF OF INDEMNITY COMPANY OF SLI N_ 11334 . AND DEVELOPERS INSURANCE COMPANY P,O. BOX 15725, IRVINE,CA 92713 * (714)263-330 NO`ICE: All cower and auitionity herein granted shall in any event te-minate c -:c 31 at dav o'Ma-ch. 199.j, 2. Toot Powe A . rnev;svoid if aitered or if an,y is sod, I Tr_s Proser Proseco:Adornev isvoidonass the sea ,.is readable,the.� �Ia,. crown n he signatures tures o r:01d .,end This notice.0 in refit ink- c. s?owe o �ttor`ey should;,t be in-turired on he;.,.G-rh v,s, ;--.act,but,,..,€,d: "..r be` <..,ui.t,part of thebayee s eE�rds KNOW ALL MEN BY THESE PRESENTS that,cxcept as expressly€im ted, INDEMNITY MPA OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,de each Severally but not roinny,hereby make,constitute and aispoint ***E. E. CRISTIANO, CAROL ANN ROSENELUM, MARGARITA i, LOPEZ, FRANCES E. MAGANA, JOINTLY OR SEVERALLY*** the true arid ifuel Attorney sj Ln-=ace,to make,exec:u=.e,deliver and ack ftededge,for and on behalf of each of said co,perat€oris as sureties,bonds,undertakings and contracts of u epot'ip r an arc;our€t not exceeding One Million Five Hundrod Thousand Dollars i$1,500,000n ary shote under-zakrnal g':ging and granting unto slid Attorney(tt-In-Fact full cower and auto ,•y'a do and to perform every act necessary,req€it:te or grocer is be done in c on .,ction.trienexerth as each of sada corporations could cabs.but rose i,,g to each of said concoratio;S fwl rsnwer of substitution and revocat onE and all of the acts o,f said At crrraey( [n Fact,pursuant to toes- presents.are hereby rati=Sed and cer.firmea, The authority nor it and isomers conferred by tthis Power of Attorney do no,extend tG ahy of,he Tcil"O nng bonds,undertakings or cGrtr acai of suretyship_ Bank depositors bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds or,financial cal institutio ns,lease bonds,insurance comoanf qua..,;ng bonds self-insurer's bonds,fidelity donos or bail bonds. This Power of Attorney is granted and is signed by facsirn0e wader ari=d b r a lhor ty of;ria following resp mt ons a oc ed by the respective Boards of Directors of i DEMNI Y COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effects:re as of September 24 1966: RESOLVED that t,e`;nal m.an of the Board.the Frefadent and any Vice President of the cornorat«n be and lr'au each of them hereby is,authorized to execute Powers of Attorney, qualifYing the attorney(s)named it the Powers of Attorney o execute,an behalf of rue corporation bands.undertakings rtak Ings encs contracts of suretyship:and tha,the Secretary or any Assis- ant Secretary c,the corpU fuion be,and each of them Hereby is,authonzed to attest.no executaorr,of a.y such,Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be a;fo-xect to any such lower of Attorney ey o=r is any certificate relating thereto by`aes.rr te,and any Stich Power of F,.norrey or certificate bearing such facsimile signatures shall be viii-,d and binding;spun the co,peration wrien 8c,_";Xed and in the future with respect to any hand,€undertaKing or corl&ach of suretysinip to which it is attached. r,v AriT NESS scHEP.=OF,tNDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally carried these.presents to be signed bytheir respdc- .ive Presidents and at"ested by their respective Secretaries tits at day of April.1992. INDEMNITY COMP 4Dart CALIFORNIA DEVELOPERS S i SU A GE COMPANY By ----- .Vlncenti,Jr- Cant Vi ent, r- President p adv 'V'I�eifOP4 lo, '`� 10 MAR 21 \01 ATTEST ' u 1 ATTEST ( ' ta 1a-4, € I. ^„ E --- ___ Waiter Crowell Waiter Crowell Secretary Secretary STATE OF CALIFORNIA t SS. COUNTY OF ORANGE �' On April 1, iDg2, before rose,the undersigned a No,a'y Pubic in,and for said Staie, personally appeared Dante F `Jancentl, Jr.and Walter Crowell personally gown to me ,ori eves to me on the basis of satisfactory evidence)to be the persons i-or executed the with rt instrument as President and Secrepar_=on behalf of r der-n,tf Company of California and as Preocient and Secretary on behalf of Developer_I.sur un ce Corns,any.tris Corpora-tions therein named,Pnd acknowledged ledged to me?hat the corporations executed it, eaCrNE.SS my hand and off€u'si seal. OFFICIAL SEAL + t` TIESA TAAFA Ssgnattr -..-. --- ♦ }" t tAR?fJ�LG-GAL1s�SRt<#A Pict r;Priblic PRINCIPAL OFFICE 11's ORANGE CUUNT# My Cogwrassian Esq.Aug,4,1995 CERTIFICATE The undersgned.as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,are Sen;or Vice Pretadent of DEVELOPERS I St A E COMPANY,dogs hereby Ca;its= , t;. foregoing a C attar;ea Powe of Attorney arnaif,s in f,0force and has riot revoked:erok .a 'furTh rmore,".rat t e provis=ors of the,vs_;u,io,s of the re< sortie Boards of Directors of sa:c:corporations orations Set forth in the Power oAttorney,a,a in force as of tre date of this Cerruti uate- Th Cert"ica ie Is execs "tine Oily of linfi.e,Ca=t o ria.thins 15th _day o; April _ I+�5.�_ . 1NDEMNITYCOMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY y Y> Y A Vital 4, A C FIe #C3e( G ' v FEenigair _ y .�f Senlio, V,vv President President �'teert ,r . 0-310 REV,3r92 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION Description of Contract: City of Redlands Public Works Department's CENTER TRUNK SEWER - PHASE III Project No. 14-7432-4610 Labor code Section 3700 provides, in part: "Every employer except the State and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof fi satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees" . I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker 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 on this contract. Date: April 13 r 1992 Petar Artukovich Construction Co. , Inc. (Contractor) By: (Signature) President (Official Title) (Seal) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing any work. ) A:\CTS SPEC.SE1 BD-21 A C 0 R D CERT I F I C A T E OF I N S U R A N C E ISSUE DATE (MM/DD/YY) 04/15/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON- FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT SMITH-NEWMAN & ADAMSON AGENCY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 285 IMPERIAL HWY. SUITE 104 C 0 M P A N I E S A F FORD I NG COVERAGE FULLERTON CA 92635- COMPANY LETTER A CNA INSURANCE COMPANY Code (714) 773-4084 Sub-Code COMPANY LETTER B INSURED COMPANY LETTER C PETAR ARTUKOVICH CONST. CO. COMPANY 8243 SERANATA DRIVE LETTER D COMPANY WHITTIER CA 90603- LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERF INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFF DATE EXP DATE LIMITS A GENERAL LIABILITY 03460768 07/12/91 07/12/92 GENERAL AGGREGATE $ 1000000 [X] COMM GENERAL LIABILITY PROD-COMP/OPS AGGREGATE $ 1000000 CLAIMS MADE X OCCUR PERS & ADVERTISING INJ $ 1000000 [X] OWNR'S & CONTRCTR'S PROT EACH OCCURRENCE $ 1000000 [ ] FIRE DAMAGE (ONE FIRE) $ 50000 [ ] MED EXPENSE CONE PERSON) $ 5000 A AUTOMOBILE LIABILITY 03460771 07/12/91 07/12/92 COMBINED SINGLE $ 1000000 LIMIT [X] ANY AUTO I ] ALL OWNED AUTOS BODILY INJURY $ [XI SCHEDULED AUTOS (PER PERS) [X] HIRED AUTOS BODILY INJURY $ [X] NON-OWNED AUTOS (PER ACC) I I GARAGE LIABILITY [ ] PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ [ ] UMBRELLA FORM AGGREGATE $ [ ] OTHER THAN UMBRELLA FORM [ ] STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ 100000 A AND PWC801035094 05/23/91 05/23/92 DISEASE-POLICY LIMIT $ 500000 EMPLOYER'S LIABILITY DISEASE-EACH EMPLOYEE $ 100000 OTHER $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROJECT: CENTER TRUNK SEWER - PHASE III CONTRACT NO. 14-7432-4610 CERTIFICATE HOLDER ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF REDLANDS THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR PUBLIC WORKS DEPARTMENT TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER P.O. BOX 3005 NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IM- REDLANDS CA 92373- POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE T .ADAMSON LACORD 25-S (7/90) ACORD CORPORATION 1990