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HomeMy WebLinkAboutContracts & Agreements_83-2002_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 4"' day of June, 2002, 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 Matich Corporation of the City of Colton, 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: To perform construction of the Street Resurfacing Improvements project, complete, all as shown, specified, and made a part of Contract No. 101304-7230/40002. 2. THE CONTRACT SUM OF: $155,551.00 3. TIME FOR COMPLETION: The work shall be completed within thirty (30) 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: Cit erk. City od ds Cozvol''San Berwaf tno, Califomia Matich Corporation Name of Contractor A CONTRACTOR SEAL By: L4V-1— /-Jni�j Signature cauthorized' Agent EUpne SoiSvert Signatory's Title we P maietent Signature of Authorized Agent of necessary) Signatory's Title (if necessary) 149783, Class 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. 101304- 7230/40002. Matich Corporation Name of Contractor By: Signature of,�56thorized Agent LeLnone go , '01SVelt Signatory's Title Vice P m. ;&r4 149783, Class A Contractor's License No. PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as City), and Matich Corporation (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated June 4, 2002, and identified as Contract No. 101304-7230/40002, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly * nd ,,Y '21ve unto the City in the sum of One Hundred Fifty Five Thousand Five Hundred F o ars ($ 155,551.00..... ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. 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 therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full 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 June 10th 2002. Bond No. 3SE 057 595 00 Premium: $1190.00 Matich Corporation — (SEAL) American Manufacturers Mutual Insurance (SEAL) A Company Principal Surety By: f4" By: -c ze Signatur Signaturf Jane Kepner, Attorney-in-:-Fact Eugenowmd Vice Pms-tideent Address: 7470 No- Figueroa, Suite 300 LQs Angel e.-,, -CA 90041 (Nowial Acknowledgments of Prineipal and Surety) Telephone: (a2a__) 341 54c)- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On �Ile9 0 before me, Nanette Myers, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)OF SIGNER(S) personally known to me-OR- 0 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ffi WITNESS my hand and official seal. NANETTEMYERS _ mn*&� 1331194 -Cafifonaia R SIGty TURF OF NOTARY My onun. _ Nov 20,2005 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 TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) [� GUARDIAN/CONSERVATOR NUMBER OF PAGES [� OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(tES) SIGNER(S) OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P,O.Box 7184-Canoga Park,CA 91309-7184 PAYMENT BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and Matich Corporation (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated June 4, 2002, and identified as Contract No. 101304-7230/40002, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement. Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Tide 15 (commencing with Section 3082) of Part 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 and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons 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 one Hundred Fifty Five Thousand Five Hundred Fifty Fivedollars (5155,551-00 —) for 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 th c amount herein above 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_ Itis 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 Ml force and effect. 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 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 WHEREOF, this instrument has been duly executed by the Principal and surety named, on June 10th . 2002. Bond No. _3SE 057 595 00 M;;tii-h rn=rRt-Jnn (SF-4L) American Manufacturers Mutual_ (sEAL) Principal Surety Insurance Company By: By: Signatur lugene bm"'O" Vice President Signatur&4XJane Kepner, Attorney—in—Fact Address: 7470 Nn- Figueroa, Suite 30 Los Angeles, CA 90041 (Nou,rial Acknowtodgrnents of Principal and Surety) Telephone: (32a) ��—rAq-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On ❑ before me, Nanette Myers,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)OF SIGNER(S) personally known to me -OR- El 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NANEITEMYERS WITNESS my hand and official seal. Cors m"on#1331194 Notary Public-California Orange County My Comm,Expires Nov 20,2005 SIG 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 TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) Fj GUARDIAN/CONSERVATOR NUMBER OF PAGES F-1 OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 ` ^ ' POWER OF ATTORNEY Know All Men ByThese Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the 8Xede of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Jane Kepner . k8ika9aridno . James A. Schaller . Alexis H . Nanette K4aheUe'Myars . Linda Enright . Leigh McDonough . Jeri Apodaca . Patricia H. Brmbn*r . Suzanne Edwards and RhondaC. Abel ofCOSTA MESA . CA (E4CH) their true and lawful Attorney(s)-in-Fact, to make, execu1a, sma|, and deliver from the date of issuance ofthis power for and onits behalf ossurety, and astheir act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTH{}RD-Y is grunted to make, executo, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, nheok, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit ofauthority uoset forth herein. This appointment may berevoked at any time by the Company. The execution of such bonds and undertakings in pursuance ofthese presents shall bommbinding upon the said Company as fully and ennph/ to all intents and purpmeea, as ifthe same had been duly executed and acknowledged by their nyQu|ady elected officers at their principal office in Long 8rmve, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees nf the Boards of Directors of the Company on February 23. 1988 at Chioago. UUnoia, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: ^VOTB]. That the Chairman of the Board. the Preaident, or any Vice President, ortheir appointees designated in writing and filed with the Secretary, orthe Secretary shall have the power and authority toappoint agents and et1orneym4n-fact, and to authorize them to execute on behalf of the Co,npony, and attach the seal of the Company thensdo, bonds and undertakings, recuQnizonoem, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers mfthe Company may appoint agents for acceptance of pnoossa'° This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee ofthe Boards of Directors ofthe Company at amneaetimg duly called and held onthe 23mdday mfFebruary, 1088: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Becretary, and the signature of the Seo/e(ary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bend executed pursuant to resolution adopted bythe Executive Committee of the Board of Directors on February 23, 1988 and any such power so exeuutad, sealed and certified with respect to any bond or undertaking towhich b is attached, shall continue tobevalid and binding upon the Commpeny." FK 09 75 (Ed' 09 01) Page i of 2 Printed in U.S.A. AUDITOR/CONTROLLER-RECORDER COUNTY CLERK } , COUNTY OF SAN BERNARDINO s$ earraae } AUDITOR/CONTROLLER • 222 West Hospitality Lane,Fourth Floor k; LARRY WALKER San Bernardino,CA 92415-0018 • (909)387-8322 • Fax(909)386-8830 Auditor,Controller-Recorder RECORDER • COUNTY CLERK• 222 West Hospitality Lane,First Floor County Clerk San Bernardino,CA 92415-0022 • (909)387-8306 • Fax(909)386-8940 ELIZABETH A. STARBUCK Assistant Auditor/Controller-Recorder Assistant County Clerk STATE OF CALIFORNIA County of San Bernardino LARRY WALKER, County Clerk CERTIFICATE OF FACT (Code of Civil Procedure — Section 995.640 & 995.660)) 1 Larry Walker, County Clerk for the State of California, in and for the County of San Bernardino, do hereby certify that I am the Official Custodian of the Record of the Office of County Clerk. I do further certify that: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY admitted to transact Surety insurance in this state pursuant to the list of United States Domiciliary Insurers, dated 11-25-1974 as provided to the County of San Bernardino Clerk's Office by the State of California, Department of Insurance, San Francisco. In witness thereof, my Deputy Clerk has hereto set their hand and affixed the seal of the County Clerk this JULY 26 ,2002 \3tAT CARLA MIMS , Deputy Clerk � =y 4 (S:`,C'0Lfl1tV Clerk Cerfificate of Fact-- Company Profile Page 1 of 2 Company Profile AMqmft Insufcawnftce AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY 1 KEMPER DRIVE LONG GROVE, IL 00049-0001 800-833-0355 Former Names for Company Old Name: AMERICAN KEMPER MUTUAL INSURANCE Effective Date: 11-25-1974 COMPANY Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 30562 NAIC Group #: 0108 California Company ID #: 2173-3 Date authorized in California: November 25, 1974 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http://www4.insurance.ca.gov/wulidb_co_prof—uti.get_co r)rof?p_EID=5911 712102 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Performance & Comparison Data Composite-Complaint_Studies Want More? Help Me Find_a Company_ Representative in My Area Financi-al Rati g Organizations Last Revised -July 01, 2002 07:41 AM Copyright©California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co—prof—utl.get—co—prof?p_EID=591 1 7/2/02 A_ CORD. CERTMCATE OF LIABILITY INSURANCE DATE `MW DD/Yy) PRODUCER (&10/02 Aon Risk Services, Inc. of Southern California HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1901 Main Street NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Suite 300 FOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Irvine CA 92614 USA LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE-(949) 608-6300 FAX- (949) 608-6451 INSURERS AFFORDING COVERAGE INSURED Matich Corporation INSURER TIG Insurance Company P.O. Box 50000 INSURER Fairmont Insurance Co San Bernardino CA 92412 USA INSURER C INSURER D INSURER E, This Certificate is not inLaUQ to specify all endorwMents cav tams conditions and eatelusioeu of theiciex shown- THE POLICI ES OF IN SURANCE LiSTEDBELOW HAVE BEEN ISSUED TO THE INS UREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITI ISTANDING ANY REQUIREMENT,TERM OR CONDITION OF A NY CONTRACT OR OTHER DOCUMENT WITH R ESP ECT TO WMC H THIS CERTI FIC ATE 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICVN'U.1I8ER POLICYEFFECTII'E 7M_ DATE(NINWMI"A) LIMITS A GENERAL LIABILITY T637575133 GL/Auto 7/1/2001 OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIREDA.MAGEIAm,o Are) ,_$_ 0,000 CLAIMS MADE�OCCUR _„__,,,,EXP(Am one person) 5 000ONAL&ADV NNRY $1,000,000GEN'L AGGREGATE LIMIT APPLIES PER. RAL AGGREGATE $2,000,000PRO POLICY fECT1:1 LOC UCTS-COMP/OP AGG $2,000,00o AUTOMOBILE LIABILITY ANY AUTO COMBINEDSINGLE LIM19T (Eaa .dent) ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY Per M—) HIRED AUTOS NON OWNED AUTOS BODI LY I NI L'R Y(Per xad-b PROPERTY DAMAGE (Pet—dent) GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT _ OTHER THAN EA ACC _E AUTO ONLY EXCESS LIABILITY AGG EACH OCC OCCUR OCCUR � CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION B WOR6£RSCOSRENSATIONN,ASD WFR8006 237 7/1/2001 7/1/2002 X .0 STA TU0TH. - EMPLOI'ERS'LIA91LR1 Workers' Compensation RY ST TTS ER E .EACH.ACCIDENT $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 OTHER E .DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEFi1CLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Street Resurfacing Improvements. Contract No. 101304-7230{40002 See Endorsement Attached [CERTIFICATE HOMER Q&=LLAjj0N SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATION City of Redlands DATE THEREOF,THE DING COMPANY WILL 6F1D6hLgR.;q NAIL P.O. BOX 3005 30 DAYS WRITTEN TT TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Redlands CA 92373 USA AUTHORIZED REP ENT t Certificate No: 570002968031 Holder Identifier POLICY NUMBER: T637675133 COMMERCIAL 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 Name of Person or Organization: SCHEDULE The City of Redlands, its elected officials, officers, agents and employees. Re: Street Resurfacing Improvements Contract No. 101304-7230/40002 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to 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 or related to "your work" or its supervision for that insured by or for you. AI-Primary CG20 I Op(I 1-85) Endorsement No. ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF INSURED POLICY NUMBER (Standard Time) MOnthtDavlYear 12:01 A.M. NOON PRODUCER AND CODE COMPANY TIG INSURANCE 111102 CONSTRUCTION PROGRAM GROUP COMPANY XXX 630289 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVDIED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPEARTIONS COVERAGE PART ADDITIONAL INSURED PRIMARY WORDING The following changes are made to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: The following is added as condition 4. Cather Insurance. AS subparagraph d.Additional Insured: d. Additional Insured Where you have entered into a written contract or agreement to name a person or organization as an insured under this Coverage part and that written contract or agreement requires this insurance to be primary and noncontributory,we will not seek contribution from any other insurance unless the"Amendment of Other Insurance Condition", CG 00 55 03 97,endorsement applies, All other terms and conditions remain unchanged. -�' NTATIEARIZV ZC 13034