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HomeMy WebLinkAboutContracts & Agreements_71-1997_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 5th day of August, 1997, 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 S F CONSTRUCTION a partnership consisting of or an individual trading as A--7-1 1-1ZI/ of the City of Anaheim, County of Orange, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: L SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the following: To perform construction of the the Texas/Lugonia Storm Drain project, complete,all as shown, specified, and made a part of Contract No. 23-6816-2960. 2. THE CONTRACT SUM OF: $ 275,059.50 3. TIME FOR COMPLETION: The work shall be completed within ninety (") work days from and after the date of the Notice to Proceed. 4. CONTACT 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 insured, and such insurance shall be primary with respect to such additional insured and non-contributing to any insurance or self-insurance maintained by the additional insured. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY'S SEAL Mayor, City of REDL NDS County of San Bernardino, California ATTEST: d ; City �erk, y of ANDS Co ty of San Bernardino; California S F CONSTRUCTION Name of Contractor ,u CONTRACTOR'S SEAL By:/ Ignature of Au sized Agent Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 64'7461 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. 23-6816-2960. SE CONSTRUCTION Name of Contractor Signature of Authdnzed Agent Signatory's Title 647461 A Contractor's License No. M EXECUTED IN THREE (3) COUNTERPARTS BOND #1306672 PREMIUM $5,126 PERFORMANCE BOND KNOW ALL PERSON'S BY THESE PRESENTS That S F CONSTRUCTION as Contractor, and CREAT AMERICAN INSURANCE COMPANY as Surety, are held and firmly bound unto the City of REDLANDS, hereinafter called City, in the sum of($275,059.50) TWO HUNDRED SEVENTY FIVE THOUSAND FIFTY NINE DOLLARS AND 501100 dollars, for the payment of which sum well and truly 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 No. 23-6816-2960. 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 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, this 18TH day of AUGUST , 1997. S F CONSTRUCTION (SEAL) CREAT AMERICAN INSURANCE COMPANY ---------------rincipal (SEAL) Surety By. F Signature By: Signature CHAR ES L. FLAKE ATTORNEY-IN-FACT Address: P.O. BOX 5440, ORANGE CA 92863-5440 Telephone: (714) 740-2400 (Seal and Notarial Acknowledgment of Surety) ME CALIFORNIA AUL—PURPOSE ACKN OWLEDGMENT .STATE OF CALIFORNIA g COUNTY OF OP,4NGE On 8-18-97 before me. KAREN CHANDLER - NOTARY PUBLIC personally appeared CHARLES L. FLAKE known to me to be the person whose name is subscribedr to personally within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. W22NESS my hand and official seal . Chardier Kar Signature of Notary Public 0 [ jPORNIA U- oRMGE Co m, Exp "9 Thoughthe data below is not requiredTONAL le to relying on the document and could prevent fraudulent reattachment of this form persons. DESCRIPTION OF ATTACHED DUM2ENT PERFORI+MCF BOND TITLE OR TYPE OF 1,kx umZ-t T MAORER OF FADES 1 DATE OF DOC'UjvWr 8-18-97 CAPACITY C.LA: -XXD BY SIGNER ❑ INDIVIDUAL [] CORPORATE OFFICER TZTZ,E{S} [� PARTNER(S) Q ATTORNEY-IN-FACT F1 TRUSTEE (S) Q OTHER: SIGNER IS REPRESENTING: GREAT AMERZCAV TATOT,RANCE C01PMy SME OF PERSON(S) 07771777} 3 i EXECUTED IN THREE (3) COUNTERPARTS BOND #1306672 PREMIUM INCLUDED IN PERFORMANCE 3 PAYWNT BOND BOND KNOW ALL PERSONS BY THESE PRESENTS That S E CONSTRUCTION as Contractor, and CREAT AMERICAN INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of ($275,059.50) TWO HUNDRED SEVENTY FIVE THOUSAND FIFTY NINE DOLLARS AND 50/100 dollars, for the payment of which sum well and truly 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 No. 23.6816.2960. 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 contracted 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 by the 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, this 18TH day of AUGUST , 1997. S F CONSTRUCTION (SEAL) CREAT AMERICAN INSURANCE COMPANY Surety Principal (SEAL) 4 By Signature By: Signature C S L. FLAKE ATTORNEY-IN-FACT Address: P.O. BOX 5440, ORANGE, CA 92863-5440 Telephone: ( 714 ) 740-2400 (Seal and Notarial Acknowledgment of surety) M f Y CAL AAL LL-PITHP9bum ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 8-18-97 before mer KAREN CHANDLER - NOTARY PUBLIC personally appeared CHARLES L. FL&KE known. to me to be the person whose name is subscribedr to personally within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. �'ITNES my hand and Official seal . Karen Si ature of Notar Y Public �n ter; eee iJ!1 AU 3 F1A im' ORANG E CO "Y Thoughthe data below is not requiredOP-MON.AZ -- relying on the document and could prevent by reatlaw, it may tachmerove nt of of his fo° persons DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITER cxz TYPE OF uOctr �v2 NUMM OF PAGNS 1 8-18-9 7 Ba�l2'E OF DC)CCTMLN2' CAPACITY CLAD BY SIGNER [� INDIVIDUAL CORPORATE OFFICER [� PARTNER(S) ATTORNEY-IN-FACT Q TRUSTEE (S) Ej OTHER LOF PERSON,(S) 0- SIGNER IS REPRESENTING. CREAT AMERICAN INSURANCE COMPANY i G= ti2EM AWRICAN INSURANCE CoMpANy r, 580 WALNUT STREET.CINCINNATI, OHIO 45202.513-369-5000• FAX 513-723-2740 n The number of persons authorized by this power of attorney,-is not more than No,0 13630 six POWER OF ATTORNEY KNOW AL 'HIEN BY THESE PRESENTS: That the GREAT AMERICA'S INSURANCE COMPANY.a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named beIlk its true and lawful attorney-in-fact.for it and in its name,place and stead to execute in behalf of the said Company,assurety,an,�and all bonds, undertakings and contracts of suretyship.or other written obligations in the nature thereof:provided that the liability of the said Compan}on am such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. ' flame Address of DAVID L. CULBERTSON DIANA LASKOWSKI ALL Limit ALL Power LINDA L. CULBERTSON KAREN CHANDLER IM L A CHARLES L. FLAKE CALIFORNIAR.A. COON IFORNUNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact named above. IN W ITN ESS W HE REOF the G R EAT A M E R ICA N I NS t RANCE COM PAIS Y has caused these presents to he signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of Attest June 1995 GREAT AMERICAN INSURA tiCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR.. to me known•being duly sworn,deposes and sats that he resided in Cincinnati,Ohio,that he is the President of the Bond Division of Great American Insurance Company,the Companydescribed in and which executed the above instrument:that he knows the seal;that it wasso affixed by authority of his office under the By-Laws ofsaid Company, and that he signed his name thereto by like authority- This Power ofAttornei. is arra .ter'. b� authontc of the following resolutions adopted hs the Board of Directors of Great Arnerican Insurance Company bv unanimous written consent dated 'March 1, 1993. RESOL VEIL.- That the Division President, the several Division Vice Presidents and assistant Vice Presidents,Dranv one of them, be and hereb- is authorized.from time to time.to appoint one ormore attorneys-In-Fact to execute on behalf of the C omparrh,assurety.anvand all hoods, undertakings and contracts ofsuretkship, or other written obligations in the nature thereof:to prescribe their respecti ve duties and the respective limits oftheirauthority,and to revoke anv such appointment at an time, RFSOL VED FURTHER. That the Company seal and the signature of anv of the aforesaid officers and any Secretary or Asstsiant S c retary of the Companv ma- be affixed b.v facsimile to anv mower of attorney yr certificate of either given far the execution of anv bond, a dc�rta rng.contract orsure vshtro.��rother z r,tten c>hli:gation in the nature thereof.such signature and seal when so used firing hereb ,a�3opted ht rhe C ci rrce a as the original hough urc of gaic c}iliac r and the original sea!iii the C onipani, to he v-/fhd and binding upon the C`om arts with the s rrr°� 'nice;rod etfec�t as thaugh :nanuall� atia.e,��l CERTIFICATION I RONALD I)C HAYES :Assistant Sec et sr or Cir at American Insurance Uompan: .do t,'rebs•vertify that the foreg=irtg Piroer:st` =t.,r,g Y .,,± to Ress=lut . of the Board {, I) t ctErr Eas 1ltvrcl. 1, 1993 h,'-, not be=;tri re-,ok<d and $ r now in f 11 f rce flan tj :, s..,,, r ci Signed land sealed this 18TH da', of AUGUST 19 97 PRODUCER DATE M --- � __ _ �_ � �-� - _• mac=-• �_��i � AAJDD/YY) 9/10/97 COMPREHENSIVE COMMERCIAL INSURANCE SERVICES, INC. H C R RATE ►S ► U D AS A !<AII ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1414 SOUTH AZUSA AVENUE, SUITE 17 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR WEST COVINA, CALIFORNIA 91791 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ COMPANY _COMPANIES AFFORDING COVERAGE INSURED - -LINDA FORSTER A ADMIRAL INSURANCE COMPANY DBA SF CONSTRUCTION COMPANY 5290 EAST HUNTER e GENERAL SECURITY IN COMPANY { ANAHEIM, CA 92807 COMPANY C COMMERCIAL UNDERWRITERS INSURANCE CO. COMPANY D THIS IS TO CERTIFY I _ �r._ y .:.a arr ,._. THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO E INSUREDrNAMED ABOVE FOR THE POLICY PERIOD .^ INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT r0 WHICH RIOm CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMTHIS S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDU CO CED BY PAID CLAIMS. - LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DD/YY) DATE(MM/DD YY) LIMITS IA GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY 02/16/97 02/16/97 02/16/98 GENERAL AGGREGATE $ - 2,000,00_0 CLAIMS MADE X OCCUR PRODUCTS-COMP/OP AGG $ i000 OOO -_ X OWNER'S&CONTRACTOR'S PROT PERSONAL&ADV INJURY� - _ $ -_ 11000,000 EACH OCCURRENCE $ 1,0001000 FIRE DAMAGE (Any one fire) " $ 50,000 AUTOMOBILE LIABILITY MED EXP (Anyone��) `$ CA 4010132 EXCLUDED B ANY Auro 02/16/97 02/16/98 --"--' ALL OWNED AUTOS COMBINED SINGLE LIMIT $ �___ X SCHEDULED AUTOS 1,000,000 BODILY INJURY X HIRED AUTOS (Per person) $ X NON-OWNED AUTOS " BODILY INJURY (Per acddent) $ GARAGE LIABILITY PROPERTY DAMAGE $ ANY AUTO AUTO ONLY-EA ACCIDENT " $ OTHER THAN AUTO ONLY: $ " EXCESS LIABILITY EACH ACCIDENT<- - CEL 014954 AGGREGATE $ C _ UMBRELLA FORM 07/22/97 02/16/9$ EACH OCCURRENCE X OTHER THAN UMBRELLA FORMS 3,000,000 AGGREGATE $ 3,000,0 WORKER'S COMPENSATK)N AND ' 00 EMPLOYERS'UABiLITY $ WC STATU- 0TH-" THE PROPRIETOR/ ...... ,__TORY UmfTS ER PARTNERs/EXEcuTNE INCL .EL EACH ACCIDENT $ OFFICERS ARE: EXCL EL DISEASE-POLICY LIMIT $ - "- - OTHER EL DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS(LOCg71O{,I1VEHICLEIPECIAL ITEMS VIN#S:-130$2,-10916, -08959, -6674'9,:1-486§2, -32853, -02207; PROJECT:TEXAS/LUGONIA STORM DRAIN, CITY OF RED LANDS; CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED; CITY OF REDLANDS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PO BOX 3005 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL REDLANDS, CA 92373 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN:ALAN K. GRIFFITHS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIAINUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESE - _ AUTHORIZED PRESENTA NTATIVES. %441 fri, trrol J. - --, _Wulily Of RECORDING REQUESTED BY Fee Naok2un,, Recorder AND WHEN RECORDED MAIL TO Doc No . 19980074252 12 : 55pM 03/02/98 r CITY CLERK CITY OF REDLANDS 205 20127099 02 26 35 CAJON STREET P 0 BOX 3005 1 2 3 4 5 i 7 FEE APS GIMS 0 L REDLANDS CA 92373 1 PH CPV CRT CPY IADDNM PEN PR PCOR 5 J 6 Noll ST LN SVY ClUo TRANS TAX . VA VCHAGUAM NOTICE OF COMPLETION FEES NOT REQUIRED Notice pursuant to Civil Code section 3093,this notice must be filed within 10 days after completion of work. PER GOVERNMENT CODE Notice is hereby given that SECTION 6103 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 February 23, 1998. The work done was: Texas/Lugonia Storm Drain, Contract No. 23-6816-2960. 7. The name of the contractor for such work of improvement was: S F Construction 5290 E Hunter Avenue Anaheim CA 92807 - August 5, 1997 (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 folkms:Texas Street between Western Avenue and Lugonia Avenue, and Lugonia Avenue between Karon Street and Texas Street. 9, The street address of said property is: Not Applicable Dated: February 23, 1998 CA-b.d Admnisl".1imn ErqVeer,PuabAft Depma city of Redlands VERIFICATION 1, the undersigned, say t am the Public Works Director of the declarant of the foregoing Notes 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 23, 1998, at Redlands, California. -^k Public wafts Director,Public works department.Q;� -.hwlws