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HomeMy WebLinkAboutContracts & Agreements_104-2001RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS 35 CAJON STREET P.O. BOX 3005 REDLANDS CA 92373 L Recorded In Official Records, County of San Bernardino LARRY WALKER Auditor/Controller — Recorder R Regular Mail Doc#: 2002 - 0616713 i i i i i i i i i i i i i i 11/14/2002 1:47 PM SW Titles: 1 Pages: 1 Fees 0.00 Taxes 0.00 Other 0.00 PAID $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED PER GOVERNMENT CODE NOTICE OF COMPLETION SECTION 6103 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 November 4 ,2002. The work done was: Fire Station No. 1 Renovations, Contract No. 34-5025-4150. 7. The name of the contractor for such work of improvement was: NBI General Contractors 1639 Sessums Drive, Redlands CA 92374 July 17, 2001 (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: City Fire Station No. 1 9. The street address of said property is: 525 E. Citrus Avenue, Redlands CA 92373 Dated: November 7, 2002 Senior Engineer, Public Works De•artment, City of Redlands VERIFICATION I, 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 November 7, 2002, at Redlands, California. ot* -AL__ Public Works Director, Public Works Departr?Tent, City of Redlands AGREEMENT THIS AGREEMENT, made and entered into this 17th day of July, 2001, 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 NBI General Contractors of the City of Redlands, 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 and installation of the Fire Station No. 1 Renovations project, complete, all as shown, specified, and made a part of Contract No. 34-5025-4150. 2. THE CONTRACT SUM OF: $ 1,480,000.00 3. TIME FOR COMPLETION: The work shall be completed within one -hundred thirty (130) 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 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 By a&SI ATTEST: City C erk, City oANDS Co ty of San Be ar• o, California CONTRACTOR'S SEAL By: Mayor, City of REDLANDS County of San Bernardino, California NBI General Contractors Name of Contractor Sig re of Authorized Agent JAMES P. O'HARA, OWNER Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 435915, Class B Contractor's License No. WORKERS' COMPENSATION INSURANCE STATEMENT I, 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 Contract No, 34-5025-4150. By: NBI General Contractors Name of Contractor Sig re of Authorized Agent JAMES P. O'HARA, OWNER Signatory's Title 435915, Class B Contractor's License No. BOND # 6127974 PERFORMANCE BOND 'WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and KBI General Contractors (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 July 17, 2001, and identified as Contract No. 34-5025-4150, 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 bound unto the City in the sum of One million four hundred eighty thousand&0 / 100 dollars ($ 1, 4 8 0 , 0 0 0.0 0 ) for the payment of which sum well and truly to be mace, 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 only 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 perforated 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 WFFREOF, this instrument has been duly executed by the Principal and surety named, on July 307 , 2001. NBI GENERAL CONTRACTORS (SEAL) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (SEAL) Principal Surety By: Si By: Signature STEVEN R. HUMMEL,ATTORNEY_IN FACT address: 377 s san vicente Anaheim Hills, Ca 92807 (Notarial Acknowledgments of Connector and Surety) Telephone:( 714 ) 9 7 4 -0 9 9 5 BOND 4 6127974 PAYMENT BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and NBI General Contractors (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 July 17, 2001, and identified as Contract No. 34-5025-4150, 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 Title 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, ntateriahnen, 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 million four hundred eighty thousand & 0 / 100 dollars ($ 1 , 480 , 0 0 0.0 0 ) 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 the 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 attomey'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. Should the 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 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. EN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on July 30 ,2001. NBI GENERAL CONTRACTORS (SEAL) Principal By: \E-4i Signs (Notarial Acknowledgments of Contractor and Surety) FIRST NATIONAL INSURANCE COMPANY OF AMERICA Surety By,!G'�; (SEAL) Signature STEVEN R. HUMMEL,ATTORNEY--IN--•FACT Address: 377 S. San Vicente Anaheim Hills, Ca 92807 Telephone: ( 714 _) 974-0995 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of ORANGE On July 30, 2001 before me, SUSAN A. FARIES, NOTARY PUBLIC DATE personally appeared STEVEN R. HUMMEL NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally known to me - OR - o"'a<: SUSAN A. FARIES ��\ COMMISSION $1164482 ":� "'�f?� .I Notary Public - Califomia 2 /4: ORANGE COUNTY • I •jc My Commission Expires DECEMBER 6, 2001 NAME(S) OF SIGNER(S) 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. WITNESS my hand and official seal. OPTIONAL SIGNATURE OFTARY 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 PARTNER(S) TITLE(S) LIMITED I -I GENERAL X ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 FIRST NATIONAL SURETY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *******************************************************STEVEN R. HUMMEL; Anaheim Hills, Califorria*********************************************************** TM POWER OF ATTORNEY FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 12649 its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th day of June 2001 R.A. PIERSON, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power -of -attorney appointment, executed pursuant thereto, and (ili) Certifying that said power -of -attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of July R.A. PIERSON, SECRETARY 2001 S-1049/FNEF 2/01 6/15/01 PDF and the new stop sign has been installed. Councilmember Gilbreath moved to adopt Resolution No. 5919, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: establish speed limits on Cypress Avenue between Terracina Boulevard and Citrus Avenue. Motion seconded by Councilmember Haws and carried with Councilmember Freedman voting NO. Resolution No, 5920 - Traffic - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5920, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: establish speed limits on Fern Avenue between Redlands Boulevard and Terracina Boulevard, Funds - Contract Award - Fire Station No. 1 - Bids were opened and publicly declared on June 28, 2001, by the City Clerk for the construction of the Fire Station No. 1 renovations project; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was NBI General Contractors, Redlands, in the amount of $1,480,000.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved this recommendation and approved an additional appropriation of funds in the amount of $1,600,000.00 to allow for the construction contract and a $120,000.00 contingency fund for use during construction, if necessary. Funds - Inspection Services - Fire Station No. 1 - City Manager Davidson recommended the contract for resident inspection services for construction of the Fire Station No. 1 renovations project be revisited by staff. This recommendation was unanimously approved on motion of Councilmember Haws, seconded by Councilmember Peppler. Agreement - Playground Makeovers - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized an agreement to furnish consulting services with Playground Makeovers. Playground Makeovers will inspect and report on all seven of Redlands' playground sites for a fee of $2,660.00 which will satisfy the regulations put forth by the Department of Health Services as required under the grant application. Water Stock Purchase - On motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council approved the purchase of five (5) shares of Lugonia Water Company stock from Justin Orr for a total price of $6,380.00 with Councilmember Gilbreath abstaining due to a possible conflict of interest. July 17, 2001 Page 7 April 2, 2003 Sharon Francis, Vice President Corporate Escrow Department Bank of Sacramento P.O. Box 254706 Sacramento CA 95865-4706 Fire Station No. 1 Renovations Contract No. 34-5025-4150 Escrow Account No. 2892-001 Release of Account The Bank of Sacramento is authorized, pursuant to subsection 4(viii) of the escrow agreement, to release all securities and interest to the Contractor, less any fees and charges of the escrow agent. The project is final and the Contractor has complied with all requirements in accordance with Contract Documents. Thank you for your expedient attention in this matter. If you have any questions, please contact the City's Project Manager, Alan Griffiths at (909) 798-7655. --2e" Signed: KASEY HAWS Mayor xc: NBI General Contractors FILE: Constr. Corr. Attest: LO E POY City Clerk "Preserving the Past, Protecting the Future" P.O. BOX 3005 • REDLANDS, CA 92373 Recycled Paper