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Siemens Industry, Inc. A2017-248Recording Requested by And When Recorded, Mail To: CITY CLERK CITY OF CHINO HILLS 14000 City Center Drive Chino Hills, CA 91709 Exempt Recording Per Government Code Section 6103 I1[011[CM163;[a:TW-Y&Illr/:l at: T-119 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON aE ASSESSOR - RECORDER - CLERK `° 369 City of Chino Hills Doc# 2018-0055539 Titles 1 Fees NOTICE OF COMPLETION Taxes CA SB2 Fee Others Paid The undersigned is a Project Manager for the City of Chino Hills, 14000 City Center Drive, Chino Hills, California, which is the owner of the interest or estate stated below in the property hereinafter described. The nature and interest or estate of the City is: In Fee (If other than fee, strike "In Fee" and insert, for example, "easement' or `lessee") A work of improvement on the property hereinafter described was completed on January 5, 2018. The work of improvement is described as follows: Relamping Traffic Signal LED Modules FY17-18 . Date of Contract: November 13, 2017 Contract/Agreement No. A2017-248 Name of Original Contractor: Siemens Industry, Inc. The property on which said work of improvement was completed is in the City of Chino Hills, County of San Bernardino, State of California, and is described as follows: Butterfield Ranch Rd. (c) -Brookwood Ln., (a) -Mystic Canyon Dr., (a) -Pine Ave., (o) -Sagebrush St., (5 -Slate Dr., Ca) -Picasso Dr., (a)-Soguel Canyon Pkwy. (Legal description) The street address of said property is: Various (If no street address has been officially assigned, insert "none") CITY OF CHINO HILL APN: N/A Tiffany Yo ng' Bring Technician I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss CITY OF CHINO HILLS ) I HEREBY CERTIFY THAT I am the City Manager for the City of Chino Hills. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge. I declare nder penalty of perjury, that the foregoing is true and correct. Executed on —� at City of Chino Hills, Californi KbKradt Rartlam, ity Manager 2/14/2018 02:55 PM ALS Pages 1 00 .00 .00 .00 .00 A2017-248 - CITY OF CHINO HILLS AGREEMENT RELAMPING TRAFFIC SIGNAL LED MODULES FY 2017-18 (S18005) This Contract is made and entered into on the 9th day of November, 2017 by and between the City of Chino Hills, a California General Law Municipal Corporation ("City") and SIEMENS INDUSTRY, INC. ("Contractor"). City and Contractor do hereby agree as follows: The complete contract includes all of the Contract Documents, to wit: A. Notice Inviting Bids, Dated October 4, 2017 B. Contractor's Bid (Bid Forms), Dated October 26, 2017 C. Certificates of Insurance and Endorsements D. Notice of Award E. Notice to Proceed F. The Plans (Contract Drawings) G. Standard Specifications for Public Works Construction H. Standard Plans I. Reference Documents: J. Change Orders or Work Change Directives K. Public Improvement Warranty Each of such documents in their entirety is incorporated herein by this reference as is set forth in full. The Contractor agrees to perform certain work set forth and particularly described in the aforementioned documents, incorporated herein by reference in consideration of: TOTAL BASE BID: $13,485 The Contractor agrees to indemnify, protect, defend and hold harmless the City, and their authorized agents, officers, volunteers, the engineer and employees against any and all claims arising from Contractor's acts or omissions and for any costs or expenses incurred by the City, or their authorized agents, officers, volunteers and employees, on account of any claim therefore. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation Insurance or a State -approved Self -Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with One Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. General Liability - Such general liability insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000,000.00) combined single limits for damages arising out of bodily injury, including sickness and death, injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000.000.00) combined single limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insured under all policies: the City, its officers, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their officers, employees, and agents, excepting workers' compensation, The policy or policies for such insurance may provide for a deductible amount not to exceed five percent (5%) of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five (5%) percent of the contract amount, Insurance Rating: All insurance required herein shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and which insurers are admitted and authorized to do business in California as insurance carriers. Contractor shall furnish certificates of insurance and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences performances of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and professional liability coverage, if applicable, shall contain additional endorsements covering the City and its employees, agents, volunteers and officers as insured with respect to liabilities arising out of the performance of services hereunder. The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, volunteers, employees, contractors, agents and subcontractors. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the City. IV. The City agrees to pay, and the Contractor agrees to accept in full, payment for the work outlined in the Contract Documents, the sum of Thirteen Thousand Four Hundred Eighty Five dollars and 00/100 ($13,485.00) subject to additions and deductions, if any, in accordance with said documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety five percent (95%) of the contract at time of completion. Final payment to be made forty-five (45) days after acceptance by the City Manager. V. The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed and shall complete contract work within twenty (20) working days. City and Contractor have discussed the provisions of Government Code, Section 53069.85 and the damages which may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of days allowed. Accordingly, City and Contractor agree that the sum of One thousand dollars ($1,000.00) per calendar day is a reasonable sum to assess as damages to City by reason of the failure of Contractor to complete the Work within the time specified. VI. The Contractor hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Section 3700 of the State Labor Code, he/she will be required to secure the payment of compensation to his/her employees. VI 1. The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations. M11 Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this contract by City. Contractor shall be liable for all City's costs to complete the work and this contract. IX. The person or persons executing this Agreement on behalf of contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind the contractor to the performance of its obligations hereunder. X NOTICES: Notices shall be given pursuant to this Agreement by personnel services on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: 9k City of Chino Hills Attn: City Clerk 14000 City Center Drive Chino Hills, CA 91709-4868 Contractor: Siemens Industry, Inc. Attention: Candace Gallaher 2250 Business Way Riverside, CA 92501 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. If This Agreement contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void. 4 IN WITNESS WHEREOF, f executed in its name on its first above written. CITY.4F CHINO HILLS Konradt Bartlam City Manager Zz- J (Date) Attest: b—heril balz City Clerk (Date) ach of the parties hereto has caused the Agreement to be behalf by a duly authorized officer as of this day and year SIEMENS INDUST3tV%INC. (S "�Ch'le'�- \ Lu (Printed name/Title) \1Ia I n (Date) )XQL�(Y S �ZKQ I -CQ - (Title) \\- �W 11 (Date) Q�o p sc r- N 3' 0 .d w C` O m U L O J u /LO V 0. O � U V Q 0 rf�) r- 0 m U O J O U GJ N L � Q CL ca �- E CL to � U N � M H 00 O � ri n Ln N ui J OO + CSA LL 0 i kD 3z CO .Q O O t/1 Z L2 ca