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HomeMy WebLinkAboutContracts & Agreements_14-1996_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 6 to day of February, 1996, 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 PAUL GARDNER CORPORATION a partnership consisting of or an individual trading as of the City of Ontario 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: Construction of the Colton/Industrial Park Traffic Signal project, complete, all as shown on drawing no. F-1509, inclusive, as specified, and made a part of Contract No. 22-9523-4230. 2. THE CONTRACT SUM: **$83 , 929 . 00** 3. TIME FOR COMPLETION: The work to be completed within seventy-five (75) 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 Boild, Labor and Materiai Bond, Plans and Specifications and any addenda thereto. CD-15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. (SEAL) City of Redlands (Owner) By: Mayor, City of Redlands, County of San Bernardino, California ATTEST: City t er , City of Count if San Bern c , Cal fornia (SEAL) mractor v. w Signature of Authorized Agenta Title Signature of Authorized Agent (if necessary) Title pIS- Contractor's License No. CD-16 BOND NUMBER B1828565 PREMIUM: $1,007.00 EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS That PAUL GARDNER CORPORATION RELIANCE SURETY COMPANYas Contractor, and unto the City of Redlands, hereinafter called Cias Surety, are held and firmly bound ty, in the-sum of EIGHTY-THREE THOUSAND NINE HUNDRED TWENTY-NINE AND NO1100 - - - - 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. 22-9523-4230. NOW, THEREFORE, if said Contractor shall perform all of the requirements of said contract required to be performed on theirP art, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in 11 for and in effect until 90 days after completion. w' full force as PROVIDED, that any alterations in the work to be done or the materials to be furnished, rel which may be made pursuant to the terms of said contract, shall not in any way 17-1 Contractor or said Surety thereunder, nor shall any extensions of time granted e e said 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 20th day of FEBRUARY 1996. PAUL GARDNER CORPORATIONkSE�4 RELIANCE SURETY COMPAJSEAL) tracto (Surety) \ - P, V Bv: By (Signature) (Signature) iAEL D. STI"' ATTORNEY-IN -F C 67C7 L Address.- 505 N. BRAND BLVD. . STE 770 GLENDALE, CA 91209 Telephone No. (118) 2'0-6360 (Seal and Notarial Acknowledgment of Surety) CD-17 BOND NUMBER B1828565 PREMIUM: INCLUDED IN PERFORMANCE BOND EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS That PAUL GARDNER CORPORATION RELIANCEas Contractor, and SURETY COMPANY as Surety,are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of EIGHTY-THREE THOUSAND NINE HUNDRED TWENTY-NINE AND N01100 - - 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. 22-9523-4230. 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 20th day of FEBRUARY 1996. PA CARD_ R J CORPORTOI SEAL) RELIANCE SURETY COMPAN r 6S AL) (S retyt� By. By: (Signature) Si6 , c j M .0 EL D. STONG ATT NEY-IN-FACT r Address: 505 N. BRAND BLVD. STE 770 GLENDALE, CA 91209 Telephone ) 2401-6960 (Seal and Notarial Acknowledgment of Surety) ------- C-D-18 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On FEBRUARY 20, 1996 before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 acknowl- edged 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 m entity upon behalf of which the person(s) acted, executed � ,� � §m y the instrument. WITNESS my hand and official seal. _ , Signature _ This area fior Official Notarial Seal 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 TIT E(Ss ❑ PARTNER(S) LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER_ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR PVTITY(iESi ---- - --- SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Re"6/94 ALL—PURPOSE ACKNOWLEDGEMENT 713, REI;ANS E SURETY COiVIPANY RELIANCE INSURANCE COMPANY UNI'T'ED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a co rporation duly oanized unaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, arecorporationsrdulythelaws organof theized udder thof e laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin therein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Mchael D. Stang, of Riverside, California their true and lawful Attorneys)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and seated and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article V11 of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which Provisions are now in full force and effect, reading as follows: ARTICLE Yif-EXECUTION OF BONDS AND UNDERTAKINGS .. i, The Board of Directors,the President;the Chairman of the Board.any Senior vice President, DirectorsS4811have power■nd■athornr to{33 /Vice President or Assistant Vice President w other officer designated by the Board of appoint At and to■ethvns•ih*rn to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings oWiga[ary§i rh■rvrw thereof,and ag to remove any such Attomey(s)-in-Fact at any time and revoke the power arta authority given to ahem. 2, Attomey(s�-m'Fa'I Shall have power and�authority,"taped to the terms and,tanttittron■of the Power of Attorney issued to them, to execute derive[on behalf of the Com and undertakings, recognitarices,-contracts of indemnity and other.wntnos t»�gaCo Pant,bonds recogruzances,contracts of iademn in the nature thereof. The corporate seal is not necessary for the validity of any bond and undertakings, rtY end other wirFir�S obligatory in the datura ttiiue,if. 3. Attorney(s)-in-Fact Shall have power and authority to execute affidavits required to W attached to bW undertakings and they shelf also have power and authority to certify dg,feCOg(tiZ8nCO3, contracts of indemnify othercondfionel DT obligatory etre financial statement of the Company and to copies of the BY-Laws of the Company or any article of sectiondothereof. This:'ower of Attotnay r$sited,tn+d sealed by fars1,49 under and by authority of the following resolution adopted by the Executive and Firance Committees of the Boards of Directors of Reliance insurance Company. United Pacific insurance Company and Reliance National Indammty Company by U Committee of the Board of Dlr►tr3ra of Relinan ous Consent cacao as of February 28, 4994 and by Lite Executive and-F Financial an SL m ■tyCompanyby Unanimous Consent dated as of March 31,1994. -Resolved that the signalises of Such d9rea1 pi3'8nd officers,and the a"of the Company stay be affixed to any such Power of Attorney or any certificates retying thereto by facsknile,arW any such Power of Attorney pr cenuxrle bearing such fagsimile-signal urss or fgcaimite seal$half be valid and binding upon the Company and any such Power so executed and certified by facsimiie signatures and facsimile seal shag be valid and binding upon th.Company,in the future with respect to any bond or undertaking to which I is attached IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 36, 1995. RFLIANCIE SURETY CoMpAtiy RELIANCE INSURANCE CO!%fpANy UNITED PACIFIC INSURANCE COMPANY SW RELIANCE NATIONAL INDEMNITY COMPANY STATE OF Washington } COUNTY OF King_. } ss. On this, October 30, 1995, before me, Janet.$Iankley, personally appeared Lawrence W.Carlstrom, who acknowledged himself to be the Senior Vice President of the Reliance Surety Cornpany, and the Vice President of Reliance insurance Company, United Pacific Insurance Company, and Reliance National indemnity Company and that as such, being authorized to do so, executed the foregoing instrument flu the purpose therein contakled by signing the narne of the corporation by himself assts duly authorized officer. In witness whereof, I hereunto set my hand and official seal. .� trT f P'2ei;T Not ry Public in and for the State of Washingt CFylrAy,;,tw Res ing at Puyallup 1, Robyn Layn9• Assistant Secretary of RELIANCE SURETY COMPANY, LANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,:which is stilt in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th day of FEBRUARY 19 96 r 0q'-Z"4)-N-V Assistant Secretary r ■ ERTIFI �TE OF INSURANCE a JACOB 00988 ISSUE DATE (PAMJDDIY(} PRODUCER n 02/20/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE OLL I NS HUD I G HALL DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 3435 14TH STREET POLICIES BELOW. RIVERSIDE CA 92501 COMPANIES AFFORDING COVERAGE COMPANY A RELIANCE INSURANCE COMPANY LETTER INSURED COMPANY $ NATIONAL CASUALTY COMPANY LETTER AUL GARDNER CORPORATION COMPANY C ROYAL INDEMNITY COMPANY 01 SOUTH SULTANA AVENUE LETTER O. BOX 3730 COMPANY D NTAR I O, CA 91761 LETTER COMPANY E ISSUED IN TWO COUNTERPARTS COVERAGES LETTER THIS IS 70 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 WHICH THIS T IS SITO E MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY 7"HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION TR POLICY NUMBER LIMITS ATE (MM?DDI'YY) DATE (MM/D0/YY) GENERAL LIABILITY .S'J2 6 7 2 0 9 2 6/30/95 0 6 J 3 0 J 9 6 GENERAL AGGREGATE $ 2 , 000 , 000 OMMERCIAL GENERAL LIABILITY J / — LAIMS MADE Fx_1R OGCU ._.._ s-caMProP aGG. $ 1 , 000 ,000, 00 PERSONAL&ADV.INJURY $--.. 0 0 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 0 0 0 0 0 CONTRACTUAL FIRE DAMAGE(Any one fire) $ 5 0 0 0 XCU MED.EXP.(Any one person) $ 5 0 0 AUTOMOBILE LIABILITY CA 0 517 5 4 06/30/95 06f30f96 COMBINED SINGLE ANY AUTO LIMIT1,000, 00 ALL OWNED AUTOS $ 1,0 0 0 0 0 0, 0 0 BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY HNON-OWNEDAUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY UMBRELLA FORM RHN 2 012 8 6 06/30/95--06/30/96 EACH OCCURRENCE $ 1 , 000100c OTHER THAN UMBRELLA FORM AGGREGATE $ 1 , 000, 000 WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT EMPLOYERS`LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS?LOCATIONSNEHICLESISPECIAL ITEMS E: PGC#96303; CONTRACT #22-9523--4230-COLTON/INDUSTRIAL PARD TRAFFIC SIGNAL ENDORSEMENT CERTCANC(R) ( 10-95 ) ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL+i� Tia CITY OF REDLAND MAIL P.O. BOX 3005 LEFT, DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE REDLANDS, CA 92373 AUTHORIZED REP ESENTATIVE ACORD 25-S(7190) Ai$0ACORD CORPORATION 1990 CERTIFICATE OF INSURANCE "CANCELLATION" CONTINUED Should any of the described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice via Registered Mail, Retur I n 4_"� Receipt Requested, to the certificate holder named, except in the case of non-payment of premium where 10 days written notice will be mailed. CERT CANC(R) (10-95) STATE : . BOX 420807,SAN FRANCISCO,CA 94142-0807 COMPENSATION INSUnANCO CERTIFICATEFUND " -149-- POLICY NUMBER: CERTIFICATE Pi Aft _ " Q 1 t L ,I :. This is to c reify that we have issued a valid Workers'Compensation insurance li in a form approved by the California Ms r n e Commissioner to the em. ptoyer Famed below for the poli"eriod indicated. This policy is not subject,t cancellation by the Fuad except upon t ass'advance written notice-to the loy" 45 We will also give youAEA days'advance notice should this policy e cancelled prix,to its normal expiration. This certificate of insurar is not an insurance policy and does not amend, extend or alterthe cov*ageafforded by the policies listed herein, Notwithstanding ar3y requirement, term,> r condition of any contract other ument with respect to which this certfficatee of insurance may be issued or may pertain, the insurances afforded-by Athe policies described h r6n is subject to all the terms,exclusions and conditions of>such policies. -.4 v" PRESIDENT Y ""9S v , F A4 t �` EMPLOYER ;. T s Cj N A CA S-1761 STATE CERTIFICATE 'HOLDERS ' NOTICE Compic-NSATION 20-00-354 INSURANCE EXHIBIT C OU N D ENDORSEMENT AGREEMENT HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME A ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL: (SPECIFY NUMBER) 45 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, At-TER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE H RY.A WA R HE NIS, )NS A EEN ;:N R L Nil- S F HIS SE.4 T R \ L RLI U-2 Y''A HIS 2065 HELD TATIOl COUNTERSIGNED A S ED NFk Isc AUTHORIZED REPPESENTATIVE PRESIDENT 8/88 p SCI F 20525(REV. 10-86) OLD FORM 516 PLEASE 'INFORMA'TION Recorded in Official Records, County of RECORDING REQUESTED BY- San Bernardino, Errol J. Mackzum, Recorder No Fee DOC No. 19990254935 12 ai 37pm 07/24/96 ND RECORDED MAIL TQ •' k 205 30015889 03 11 PG FEE APF GIMS PSI CPY CRT CPY ADD NSA PEN PR PCOR .: 5— _ 6_ NUN ST €.N SVY CIT-CU TRANS TAX CH—RG—r-E-XWlr SPAADOVE FOR RECORDEWS USE Old-Y -A) -4-t'c-e c),f- 6-o�wj 0 lie 4-i'vy, rdle of Document xx IS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) {Rev.7 5}:ker (s:VecWormstplsupp1.pg) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS 35 CAJON STREET P 0 BOX 3005 REDLANDS CA 92373 L SPACE ABOVE THIS L.Fill 111111 HIC-11DEWS USE 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 in 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 July 22, 1996. The work done was: installation of traffic signal, Contract No. 22-9523-4230. 7. The name of the contractor for such work of improvement was: Paul Gardner Corporation. 901 S Sultana Avenue, P 0 Box 3730, Ontario CA 91761 February 6, 1996 (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: intersection of Colton Avenue and Industrial Park Avenue, 9. The street address of said property is: None Dated: July 22, 1996 M I Contract Administration Engineer,Public orks D Partment,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 July 22, 1996, at Redlands, California. Public Works Director,Public Works Department.City of Redlands