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HomeMy WebLinkAboutContracts & Agreements_12-1994_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 19th day Of APRIL , 1994, 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 LARRY JACINTO CONSTRUCTION INC a partnership consisting of or an individual trading as of the City of County of 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 Coitractor will furnish all materials and will perform all of the work for the-following: Construction of the Traffic Signals on Redlands Blvd. project, complete, all as shown on drawing nos. F1440 (1-13), inclusive, as specified, and made a part of Contract No. 22.9508.4230. 2. THE CONTRACT SUM: $386,012.00 3. TIME FOR COMPLETION: The work to be completed within eighty-five(85)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, Proposals and Bid Form, Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond, Plans and Specifications and any addenda thereto. CD-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. (SEAL) City of Redlands (O er) Y: Mayor, City of Redlands, County of San Bernardino, California ATTEST: " 11City Cler ,City of'Re- Coun y_ f San Bernar California (SEAT.) Larry Jacinto Const.rucrt.ion, Inc. Name of Contractor By: Signature of Authorized Agent Vice-President Title Signature of Authorized Agent (if necessary) Title 458118 Contractor's License No. CD-13 THE FINAL PREMIUM IS PREWCATED ON THE FINAL CONTRACT PRICE BOND No. 9439677 PREMIUM: $6,790.00 ISSUED IN TWO COUNTERPARTS FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS 13Y THESE PRESENTS That LARRY aACINT0 CONSTRUCTION INC as Contractor, and -AMERICAN NTNG OMPANY as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of THREE HUNDRED ETG= ;51Z 3==ND TWELVE AND NO/100-S dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrator, 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. 22,9508.4230, 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 retrain 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 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, this Z= day of AFRTT. , 1994. LARRY JACINTO AMERICAN BONDING CONSTRUTION, INC. (SEAL) COMPANY (SEAL) (Contractor) (Surety) (Signature) (Signature) ,JULIA a_ LUCID, ATTORNEY IN FACT Address: PO BOX 5616 RIVERSIDE, CA 92517-5616 Telephone No. (n 682-2722-- (Seat and Notarial Aclnowtedgmcut of Surety) CD-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFURNIA County of as SIDE On 04/27/94 before me, T8EFESA I. BOK, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" personally appeared JUTA B. LUCID , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ to be the person(t) whose name-) isAa+e subscribed to the within instrument and ac- knowledged to me that 44e/she/44" executed the same in 4+slher4t-IQ+r authorized capacity(+e-s3, and that by 4i-slher444x signatureH on the instrument the person(ej, - or the entity upon behalf of which the THERESA1. 130Kpersonas-} acted, executed the instrument. 2 55 a NOTARY PUBLIC-CA'WORNIA MY cammExpireS March 5,,1 a-%svEaIe Uc WITNESS my hand and official seal. � f 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 FATTHF7Tr. PFt2EC�21!9a31NC1; � TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER{S} ❑ LIMITED ❑ GENERAL ONEIN ATTORNEY-IN-FACT NUMBER OF PAGES 1�1 TRUSTEE{S} El GUARDIAN/CONSERVATOR OTHER: _- 04/27/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) PRINCIPAL SIGNER{S}OTHER THAN NAMED ABOVE C-1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309-7184 LABOR AND MATERIAL BOND KNOW ALL PERSONS 13Y THESE PRESENTS That LARRY JACINTO CONSTRUCTION INC as Contractor, and AMERICAN BONDING COMPANY as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of THREE HUNDRW EIGWY SIX THOUSAND TWELVE AND NW1WIS ($386,012) , dollars for 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 No. 22,9508.4230. NOW, THEREFORE, if said Contractor, or Sub-Contractor, 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 27Tfiday of APRIL 1994. LARRY JACINTO AMERICAN BONDING M14STRUCTION, INC. (SEAL) COMPANY (SEAL) (Contractor) (Surety) V. By: (Signature) (Signature) JULIA B. LUCIO, ATTORNEY IN FACT Address; PO BOX 5616 RIVERSIDE, CA 92517-5616 Telephone (go 682-2722 (Seat and Notarial Acknowledgrncut of Surety) CD-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of RIVERSILE On _ o4/27I94 before me, THERESA I- B0K. IVMARY PMLIC DATE NAME,TITLE OF OFFICER-E.G.,`JANE DOE,NOTARY PUBLIC" personally appeared JMIA B. LUCIO NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ to be the person(,-} whose name{-e) is1-a+e subscribed to the within instrument and ac- knowledged to me that 4elshel44ey executed the same in #+s/her/ 4494r authorized capacity(e*, and that by 4i-slher44Q_4 signature(-} on the instrument the person((), or the entity upon behalf of which the TBERESA . BOA COMM. person(- acted, executed the instrument. RIVERSIDE COUNTY HIS,,.... MyCorr€n.Expires Menti 5,,t om WITNESS my hand and official seal. r 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 LABOR AND MATEPTAL BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ EX AGENERAL TWOt7ATTORNEY-IN-FACTNUMBER OF PAGES TRUSTEE(S) L-JI GUARDIAN/CONSERVATOR ❑ OTHER, -- — 04/27/94 -- DATE OF DOCUMENT SIGNER IS REPRESENTING: PRINCIPAL NAM V OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7154 ISSUED IN TWO ODUNTERPAEZTS AMERICAN BONDING COMPANY 9439677 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint JULIA B. LUCID of RIVERSIDE, CALIFORNIA its true and lawful attorney-in-fact,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWO MILLION FIVE HUNDRED THOUSAND—($2,500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991, "RESOLVED,that The Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers or Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seat of the Company, FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. In Witness Whereof,AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 4th Day of Aprii, 1994, Attest: AMERICAN BONDING COMPANY By SE V William R.McKenzie,Assistant Vice President 1930 Edward J.Edenfield IV,Vice President STATE OF ARIZONA COUNTY OF PIMA On this 4th day of April 19 94 , before me oersonaily came Edward J. Edenfield IV,to me known,who being by me duly sworn, did depose and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. OFFICIAL SEAL CHRISTIE TURLEY NOTARY PUBLIC CHRISTIE TURLEY NOTARY PUBLIC My Commission Expires My Gornmission,Expires March 10,1995 k?arch 10, 1995 CERTIF 1, the undersigned,an Assistant Secretary of AMERICAN BONDING COMPANY,an Arizona corporation,DO HEREBY CERTIFY that tfte foregoing and attached Power of Attorney remains in full force and has no,been revoked;and furthermore that the Resolution of the Board of Directors, set forth In the said Power of Attorney, is now in force. Signed and sealed at the city of Tucson, in the State of Arizona. Dated the 27M day of APRIL 19 94- Florenc-E Robert,Assistant Secretary 930 14 CERTIFICATE OF INSURANCE: CSR KO 04/25/94 F, DUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CROSBY INSURANCE, INC. I CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Christopher Hopper Insurance I DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 5017 -60 E. 9TH ST. I POLICIES BELOW. U1 and, CA I--------------------------------------------------------------------------- 9M5-5017 1 COMPANIES AFFORDING COVERAGE PHONE 9 0 9-9 8 5-0 3 4 5 1 --i-------—--------- -----------------------—`-----------------------I INSURED - --------------------------------------------------------------------------- INSURED I COMPANY LETTER A ILU/LONDON COMPANIES (B&R) I ---------------------------------------------------------------------------I COMPANY LETTER B SAFECO I LARRY JACINTO CONSTRUCTION ------------------------ ---------------------------------------------------I P.O. Box 615 I COMPANY LETTER C INTERNATIONAL INS. CO. (B&R) I Mentone CA ------------------------------------------------------------ --------------- 92359 I COMPANY LETTER D GENERAL SECURITY INS . CO. (B&R) ---------------------------------------------------------------------------- COMPANY LETTER E 1> COVERAGES <======-=====================-===========-==================================-====-=================-========-========I THIS IS TO CERTIFY THAT 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 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. --------------------------------------------------------------------------------------------------------------------------------- Col TYPE OF INSURANCE I POLICY NUMBER I POLICY EFF I POLICY EXP I LIMITS ILTRI I DATE I DATE I---i---------------------------------I--------------------------- --------------- --------------I---------------------------------- I IGENERAL LIABILITY I I IBODILY INJURY OCC. I Al Xj COMPREHENSIVE FORM I 01102393 1 06/01/93 106/01/94 1BODILY INJURY AGG. ! ',Xl PREMISES/OPERATIONS 1 I I I Xj UNDERGROUND EXPLOSION I j I (PROP. DAMAGE OCC. & COLLAPSE HAZARD I 1PROP. DAMAGE AGG. 1XI PRODUCTS/COMPLETED OPER. 1 I I I----------'-----`-I--'------`-'--) [X] ------------------- [ I CONTRACTUAL 1 I I JBI & PD COMB. OCC 11, 000, 000 X1 INDEPENDENT CONTRACTORS 1 I I JBI & PD COMB. AGG. 12, 000, 0001 I j [XI BROAD FORM PROPERTY DAMAGE ------------------- -------------- j I Xj PERSONAL INJURY i I IPERS. INJURY AGG. 11, 000, O O Q I---I------------------------------- --------------------------- --------------- --------------I------------------- -------------- I 1AUTOMOBILE LIAB I I I IBODILY INJURY B (Y4 ANY AUTO I BA81472.30 1 06/01/93 106/01/94 j (PER PERSON) I-------------------I--------------I if I ALL OWNED AUTOS (PRIV PASS) ( IBODILY INJURY i , i ( (PER ACCIDENT) ALL OWNED AUTOS (OTHER THANI I I I------------------- -------------- PRIV PASS) ( I I 1PROPERTY I (X] HIRED AUTOS 1 I (DAMAGE II------------------- -------------- NON-OWNED AUTOS I 1BODILY INJURY 1 GARAGE LIABILITY PROPERTY DAMAGE PHYSICAL DAMAGE I I I lCOMBINED 11, 000, 0 ------------------------------- --------------------------I---------------I--------------I---------—-------- -------------- I 1EXCESS LIABILITY I 1JEACH OCCURRENCE 1 1,000,oco. Ci LXl UMBRELLA FORM i 531-003005-1 106/10/93 !06/01/94 1-------------------I--------------I OTHER THAN UMBRELLA FORM 1 1 JAGGREGATE I I -------------- ; l---l-------------------------------I--------------------------- ---------------I----- --- -------- -------------- - X ISTATTOTORY LIMITS1 BI WORKERS' COMP WC8147236 j 10/01/93 ;10/01/94 IRACH ACCIDENT !1, 000, 000, I AND I I IDISEASE-POL. LIMIT 1, 000, 006 EMPLOYERS' LIAB I 1 (DISEASE-EACH EMP. 11, 000, 000, -------------------------------I---------------------------- ---------------I--------------I---------------------------------- OTHER B= PROPERTY/EQUIPMENTj CP8147236 ; 06/01/93 ;06/01/94 1 1 DEXCESS LIABILITY I GP 50071 ; 02/08/94 :;06/01/941 $3000000 .CSL BI/PD - ------------------------------------------------------------------------------ OF OPERATIONS/LOCATIONS/VEIIICLESIISPECIA—T ITEMS RE: TRAFFIC SIGNALS/REDLANDS BLVD. CONTRACT NO.22-9508-4230 *45 DAYS WRITTEN NOTICE TO THE CITY BY CERTIFIED MAIL FOR CANCELLATION. XX I> CERTIFICATE HOLDER <_-________________________e====> CANCELLATION <­.... SHOULD ANTH Y OF HE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL)30000M MAIL 45* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, )= THE CITY OF REDLANDS P.O. BOX 3005 REDLANDSCA ------ _-----_-_-------------_-------------------I 192373 -------------------------------- -------- 92373 1__ACORD 25 (7/90) POLICY NUMBER 01102393 GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSON OR ORGANIZATION: THE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 RE: TRAFFIC SIGNALS ON REDLANDS BLVD, CONTRCT NO. 22-9508-4230 . WHO IS AN INSURED (SECTION II) 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 WORK" FOR THAT INSURED BY OR FOR YOU. CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. , 1984 M1011 RECORDING REQUESTED BY Oki I FEE 6 AND WHEN RECORDED MAIL TO CHRG 2 MSYS 7 DIMS 941-428550 3 PCO R 8 NO FEE REICH RDFS.IN THE �10 LCIAL nMRDS I OFF' Z�, Name City Clerk aD1140 CSV R 4 LNNT 9 ST FEE BMU S Street City of Redlands EML J MACKZ'JK Al"Tess PO Box 3005 5 Svy RECORDER 94 Dt) & Redlands, CA 92373 20 stl€e 5 z 00:00 z Pk4 CoFT 0 L NT SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NotueriurTaant to C:vil Code Se-ticrt 3093, must be filed within 10 days after compleloan. (See reverse side for Complete requirements.) Notice is hereby given that 1. The undersigned is owner or corporate officer of the owner of the ritrnest or estate stated below in the property hereinafter described: Z. The full name of the owner is City of Redlands 3. The full address of the owner is PO Box 3005 Redlands, CA 92373 A. The nature of the interest or estate of the owner is; In fee. .if ether than fee,strike';n lee"and inset,f-, eyarive, vzoaser uitter contract of purl-hase,"of '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 m common are: NAMES ADDRESSES Not Applicable 6. A work of improvement on the property hereinafter described was completed on_ October-111994 , The work done was: installation of traffic signals with roadway improvements. 7. The name of the contractor,it any,for such work of improvement was Larry_Jacinto Construction-,Inc, PO Box 615, Mentone, CA 92359 April 19, 1994 'if no contractor fri,4n,i, ,f p ry s rpt as a wnole. rise't"n"e"i tDate of Contract) 8. The property on which said work of irprolemerit was completed s r. the city of Redlands County of San Bernardino State of Cilttorn!a, and is described as follows Redlands Boulevard-11at Nevada Street and Redlands Boulevard at New Jersey Street. 9. The street address of sa=d'property Is none.---- if o Street aldress Incs q!f;-r2Il.v assigneIi insert'none"A Dated. October 13,1994------- Signature of owner atroorate giff!'er of owner cannel paragraph 2 of his agent VERIFICATION 1,the understgned,say.f am the __-._Public Wcf-Kkg-Director Of --------- the declarant of the foregoing of', 'Naraiser ff','A,,etrer,Y','Gwnet of" etc, notice of comlcEtior, I eave read said notice of completion and know the cont n. thtfecal:the same is true of my own knowledge, 1 declare under penalty of perjury that the foregoing is true and correct Executed on ,October 13la 19-9-4­at---Redlands nds Californuf iDaie ynature. !Cit.*here signed.) J Individual who =ZW=rr1g that the "ontert's ef th,rrottce 4 unpNiNon are NOTICE OF COMPLETION WOLCCTTS FORM t 1 14—el- 5.74 (PmtZ1.13l 8 cir,type or Notter