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Home My WebLink AboutContracts & Agreements_106-2000_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into the 19th day of September, 2000, 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 Rymax Electric, Inc. of the City of Upland, 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: I. SCOPE OF WORK: The contractor will furnish all materials and will perform all of the work for the following: To perform construction of the Orange Street Electrical Improvements project, complete, all as shown, specified, and made a part of Contract No. 66-4791-4150. 2. THE CONTRACT SUM OF: $8,650.00 3. TIME FOR COMPLETION: The work shall be completed within fifteen(15)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: ity erk, City ed ds C u v I nty of San Bernar ino, California Rymax,.Electric., Inc. Name of Contractor CONTRACTOR SEAL By: Signatur I of Authorized Agent President Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) C-10, 621770 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. 66-4791-4150. Rymax Electric, Inc. Name of Contractor X- By: Signature Authorized Agent President Signatory's Title C-10, 621770 Contractor's License No. EXECUIED IN DUPLICATE (2) Bond Number: 3SM 985 100 00 PREMIUM BASED ON FINAL CONTRACT PRICE Premium: $130.00 PE"ORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California (here analfW-. designzt 't Ciiy), and Rymax Electric, Inc. (hereinafter designated as Principal) have entered into an whereby Principal agrees to install and complete certain designated public improvements, whit lhl by s2;6 agreement dated September 19, 2000, and identified as Contract No. 66-4791-4150, is hereb,. refe-,r=' to and made a part hereof-, and WHEREAS, under the terms of said agreement, Principal is required before entering up(>11 Abe performance of the work, to furnish a good and sufficient faithful performance bond wiiuh .he Cit °. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and 'iillAly bound unto the City in the sum of Eight Thousand Six Hundred Fifty and No/100ths ($ 8,650.00-----) for the payment of which sum well and truly to be made, %ve bind heirs, successors, executors and administrators, jointly and severally, firmly by these prcstist- 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 diereir, stipulated, then this obligation shall become null and void; otherwise it shall be and remain in ffill 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 September 2fi 2000. Bond No.3SM 985 100 00 R=Ax Electric, Inc. (sEAL) American Motorists Insurance Comp /ny (SEAL) Principal Surety /Z �nanspe By: By. Sig e/Dav d iad lAtto n— act.t AddressY47Noro Street X —Los Anele, CA 90041 Ovetartal Acknowledgments Of Principal and Surety) Telephone: (313_) 257-8291 State of California County Of Los Angeles ( n SEP 2 i ;4 C. Clarkson PWary Public NAME TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ZPersonally known to me - OR -Q 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 persons), or the entity upon behalf of which the person(s) acted, 11. r- RKSnN executed the instrument. t 5 N � ` ' l WITNESS my hand and official seal. W .: my (SIG E 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 DESCRIP'T'ION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ® GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT Q TRUSTEE(S) ❑ GUARDIANICONSERVATOR SEP OTHER DATE OF DOCUMENT SIGNER IS PRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----__-__- American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones &c Associates Bond Number: 3SM 985 100 00 PAYWNT BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designa-ed as ,,city,,), and Rymax Electric, Inc. (hereinafter designated as "Principal")have entered into an agretmem whereby Principal agrees to install and complete certain designated public improvements, whicl, by sai,4 agreement dated September 19, 2000, and identified as Contract No. 66-4791AI50is hereby refenle�ti to and made a part hereof, and WHEREAS, under the terms of said agreement, Principal is required before entering upon the I L i performance of the work,to furnish a good and sufficient labor and materials pay Mint bond with k the til, 3 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Pari 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 said t-11MI-11v bound unto the City and all contractors, subcontractors, laborers, materialrin, and any other pers.-lWS 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 Eight Thousand Six Hundred Fifty and No/100t llars ($ 50,00,-----)-fbr 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_ Shouldthe 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 ,he 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 W`HEREOF, this instrument has been duly executed by the Principal and surety named, on September 26 2000. Bond No. 3SM 985 100 00 Atsurance �bmpanY #S id,) (sF gym ,ax ElectricInc. American Motorists I Principal l Surety BY: By: S ignartfm/ Sid j4t,��il)aviAdNod le A A or -i Fa-af Addr r?h%zderoa Street ng Jesi Los- geles4, �A 90041 *wAepl,,X-A (,_�3231 257-8291 State of California County of Los Angeles On ' " ' C. Clarkson Notary Public NAME TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER. 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 - s 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, tra executed the instrument. IS AN'' WITNESS my hand and official seal_ S N URE 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 TITLES) -------------- PARTNERS) LIMITED GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER . DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) _______________ American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates TULU:7j r ij4o 1-UL4 P.0II03 h-994 tt:GlhiU t✓Cf'{.�_l "��,./" _ .�' ri� MH �„tit ,U .tt PRODUCER RYMAX—I 09/29 00 HIS C;ERICATE IS ISSUED AS A MATTER QF INFORMATION United Agencies, Inc. NLY NFERS NO RIGHTS UPON THE CERTIFICATE 350 W. Colorado Blvd. Ste. 220 OLDES CERTIFICATE DOES NOT AMEND,EXTEND OR Pasadena to ado Bl d. OVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE Robert W. Hader [;ALTER MPaNY Pane o626-449-o3al as No 62fi-577-1346 A NsuRED Pennsylvania General Ins. Co. COMPANY 8 COMPANY Rymax Electric, Inc. C 1257 E. Ninth Street Upland CA 91785 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO ICY PE IOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES QESCR)gED HERENV IS SUBJECTS ALL THE TERMS,THIE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI}CLAIMS. LTTRR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY DATE(MMW YY) DATE(MMMOM) LIMITS A ! X COMMERCIAL GENERALLIABILITV GENERAL AGGREGATE_ 1$2,000,000 x c�cvR CPP1250369 l J J - -` s 2o �_J aaa ae al ao ore al a1 �RDDUcrs. , CLAIMS MADE PERSONAL Jb ADV INJURY G._ .._—..a� .t_..._...�_ ao X NEWS s CONTRACTORS PROT $ 1 0 000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE VWY—t€re) s50,000 AUTOMOBILE LIABILITY METS EXP(Any one pwson) S 10 000 A XANY AUTO BA0321284 08/01/00 08/01/01 cOMBINEDSINGLEUMIT $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS ! BODILY INJURY S X HIRED AUTOS (Per PWsan) X NON-OWNED AUTOS BODILY INJURY $ PROPERTY DAMAGE g I GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT # — EXCESS LIABILITY AGGREGATE $ UMBRELLA FORM IRACH OCCURR $ OTHER THAN UMBRELLA FORM I AGGREGATE $ WORKERS COMPENSATION AND S EMPLOYERS LIABILITY } WC STATU- i loaf. THE PROPRIETOR/ EL EACH ACCIDENT PARTNERSIEXECUTIVE INCL �..� ..,. OFFICERS ARE: F.XCL E-DISEASE-POUCY UNIT I$ OTHER ( EL DISEASE-EA EMPLOYEE€$ I I i 3 4 ?ESCR€PT10A4 OF OPERATIONSILCK ATIO vS1V@{tCLES1csPECtAL tTEMS RE: Orange Street Electrical Improvements - Contract Insureds. Is elected officials, loyelssSagents are named 4?A tional City of Insureds, Insurance shall be primary with respect non-contributingnr to any insurance or to additional insureds insureds self insurance maintained by additional CERTIFICATE HOWER CANCELLATION REDIJUML::z_ ANY OF THE ABOVE DESCRIBED Pc�LKXS BE CANCELLED SFFORE T}iE City of yds ION DATE THEREOF,THE t COMPANY WILL Eh1DEA1411 TO MAIL Bldg. S Safety Dept. DAYS WRITTEN NOTICE TO THECETRTFr-ATE HOLDER NAMED TO THE LEFTP.O. $ox 3aa5.Redlands CA 92373 LlALIIY fiATlvES. "-i4GK7RD CORPORATION 1988 —V MUFj1;.(C4 Int.. +6265771346 T-824 P-02/03 F-994 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance Provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY CATASTROPHE COVERAGE PART SCHEDULE Name of Person or Organization: RE- Orange Street Electrical Improvements - Contract#66-4791-4150 City of Redlands, its elected officials, employees & agents (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable of this endorsement.) Who Is An insured (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Copyright, insurance Services office, Inc., 1996 CG 201p1 P 3197(CC 20 10 03 97) — - uI.;jJPM frWUNITED AGENCIES INC, r +6265771346 T--824 P-03/03 F-994 PRODUCERWtiUtIA .1D M ... 09129/00 THIS CERTIFICATE t5 ISSUEQ A5 A MR OF INFORMATION United Agencies, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 350 W. Colorado Blvd_ ste. 220 BOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR Pasadena CA 91105-1855 ALTER THE COVERAGE AFFORDED BY TBE POLICIES BELOW. Robert W. Bader COMPANIES AFFORDING COVERAGE Phone No. 626-449-0301 COMPANY INSURED "'� 526-577-1346 A Villa Insurances Company an COMPANY B Rymax Electric, Inc. COMPANY 1257 E. Plinth street C Upland CA 91786 COMPANY COVERAGES D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED INDICATED,NOTWITHSTANDING ANY REQUIREMENT TERM Oft CONDITION OF ANY CONTRACT OR OTHER ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HENT>I RESPECT TO THE TERMS,ICHTHIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY DATE(MWO01" DATE(MMtDDtYY) LIMITS COMMERCIAL GENERAL LIABILITY O TS•COMPIOP AG TE -- $ CLAIMS MADE Q OCCUR G. $ OWNER'S&CONTRACTOR'S PROT PERSONAL d AOV INJURY = EACH CE S FIRE DAMAGE(AeY one fire) $ AUTOMOBILE LIABILITY FIRE EXP t"am man) $ ANY AUTO ALL OWNED AUTOS - COMBINED WIGLE LIMIT S SCHEDULED AUTOS HIRED AUTOS BO BODILY perswr�w j RY S NON-OWNED AUTOS BOD LY INJURY acewe" S I GARAGE LIABILITY PROPERTY DAMAGE y ANY AUTO AUTO ONLY-EA ACCIDENT S OTHER THAN AUTO ONLY.- =EXCESS NLY: EACHACCJDENT nEXCESS LIABILITY ACACCIDREGE E LlbtHRELLA FORM EACH OCCURRENCE S OTHER THAN UMBRELLA FORM AGGREGATE j WORKERS COMPENSATION AND S EMPLOYERS,LIABILITY WC X 1 STATU o �+ PARTN OPRE ECU NC2—12 4 0 92 6 EL EACH ACCIDENT �."T- OFFICE RSIFjI LCTIVE 01/01/00 01f 01/01 'ELOISFASE-POLfirYLIMTf ;1000000 oFFtCERSARE. ExCL � 1000000 __ OTHER EL DISEASE.EA EMPLOYEE S 1000000 1 I DESCRIPTION OF 0PERATIONSI6OCA7TOMgjVEHICLE Res Orange Street Electrica l I rTElas TtsprovenIents - Contract #66-4791-4150 CERTIFICATE BOLDER CANCELLATION REDLAND SHOULD ANY OF THE ABOVE DESCRIBED poUCES Ci tY Of ands EXPIRATION DATE THEREOF,THE ISSUING E CANCELLED BEFORE THE WILL ENBEAVQA.TO MAIL $Idg. 6 safety Dept. 30 DAYS WRtTTENNcaTJCETOTHE P.O. Box 3005 BUT CERTTF�ATE HOLDER NAMED TO THE LEFT, Redlands CA 92373 Juo OBLtGAT4ON OF AOR L"aMANY _ AUTHORIZED REPRESENTATIVE TATIVFS ACOR0.25-S(1195). Robert W. Bader '."ARD GORPORA"TIC7N 1988:. Recorded in Official Records, County of San Bernardino, Larry Walker, Recorder RECORDING REQUESTED BY Doc No . 20000461519 AND WHEN RECORDED MAIL TO pm 12/14/ 4 : 16 00 CITY CLERK No Fee CITY OF REDLANDS 35 CAJON STREET I F—,/'2 F--1 3 F- 4 r--1 5 F-� 6 7 r— 8 F-1 9 0 r-� P 0 BOX 3005 P6 FEE APF CIMS PH CPY I CRT CPY ADD NM PEN PIR PCOR REDLANDS CA 92373 1 0 — 5 6 NON ST LN SVY I CIT-CO TRANS TAX I DA CHIRG EXAM NOTICE OF COMPLETION 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 0 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 December 7, 2000. The work done was: Orange Street Electrical Improvements, Contract No. 66-4791-4150. 7. The name of the contractor for such work of improvement was: Rymax Electric, Inc. 1279-A E.9th Street, Upland CA 91786 August 1, 2000 (Date of Contract) 8, 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: Orange Street between Citrus Avenue and State Street. 9. The street address of said property is: Not Applicable Dated: December 11, 2000 Work Senior Engineer, Public Department,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 December 11, 2000, at Redlands, California. -4--'J — Public Works Director, Public Works Department.City of Redlands