HomeMy WebLinkAboutContracts & Agreements_220-2016 PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this JALh day of
October, 2016, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and Weber Water
Resources CA, LLC (hereinafter "Contractor"). City and Contractor are sometimes individually
referred to herein as a"Party" and,together, as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following: COUNTRY CLUB BOOSTER STATION PUMP (#2387) REPLACEMENT,
complete all items as required by the Contract Documents (as herein defined) and Specifications
for City's COUNTRY CLUB BOOSTER STATION PUMP (#2387) REPLACEMENT,
PROJECT NO. 71273.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$34,530.00 as consideration for
its performance of the Work in accordance with the terms and conditions set forth in the Contract
Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit
securities with an escrow agent as a substitute for retention of earnings requirement to be withheld
by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within 30 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of $1,000 for each consecutive calendar
day in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $1,000 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of the Contract documents, the prevailing Party in such action, in addition to
any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees
for use of in-house counsel by a Party.
CD 1
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions
of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104).
All claims shall be in writing and include the documents necessary to substantiate the claim.
Nothing in subdivision. (a) of Public Contract Code Section 20104.2 shall extend the time limit or
supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California
Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible
to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
this Contract shall be binding on another Party without the written consent of the Party sought to
be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement ent the day and year first
written above.
City of Redlands
(SEAL) (Cerner)
pity 11a, , pity of RedlarWla,,
County of San Bernardino, Califfirnia
ATTEST:,...
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City clerlc,-City'
ofRe lands
County of San Bernardino, Calif mia. (S
Weber Water Resources CA,l✓�
lrlarne of Contractor
By:
Signature of Authorized Agent
General Manager
"l itle ----
Siare of Artthoried Agent(ifecessary)
Tule
970199
Contractor's license No,
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
COUNTRY CLUB BOOSTER STATION
PUMP (#2387) REPLACEMENT,
PROJECT NO. 71273
Labor Code, Section 3700,provides,in part that:
"Every employer except the State shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure,
elfinsure, either as an individual employer, or as one employer in a group of employers which may
be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's 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 of this contract. (Labor Code section 1861)
Dated this 114Ha day of October,2016.
Weber Water Resources CA,LLC
(Contractor)
(Signature)
General Manager
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the
Contractor with the Owner prior to performing the work of the contract.)
CD 4
Bond Number: 106547228
FAITHFUL PERFORM,42NI -CE BOND
Whereas, the City of Redlands ("Cit;"), State of California, and Weber Water Resources
CA, LLC (hereinafter designated as "Principal") have entered into an agreement dated October
_1!� : 2016 ("Agreement") whereby Principal agrees to install and complete certain public
improvements (the "Wore), which said Agreement is identified as COUNTRY CLUB
BOOSTER STATION PUMP (##2387) REPLACEMENT, PROJECT NO. 71273 and is
hereby referred to and made a part hereof, and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement,novo, therefore,we,the Principal and
Travelers Casualty Surety Company of America , as Surety, are held and firmly bound unto the
,.,.,.,.... ._.�and .,
City in the penal sum of Thirty Four Thousand Five. Hundred and Thirty Dollars ($34,530)
lawful money of the United States, for the payment of which sure we bind ourselves, and 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 its
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 Agreement
and any alteration thereof made as therein provided, on his or its part, to be kept and perfonned.
at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship,
and shall defend, inderanif-and save harmless the City and its elected officials, officers, agents
and employees, as therein stipulated,then this obligation shall become null and void; odrenvise it
shall be and remain in full force and effect. M
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as
costs and included in the judgement rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above
obligation shall hold good for a period of one (1) year or longer if required by the Agreement
after the acceptance of the work by the City, during which tune if the Principal shall fail to make
full, complete, and satisfactory repair and replacements and totally protect the City fro3n loss or
damage made evident during this period from the date of completion of the Work, and resulting
from or caused by defective materials or faulty workmanship, the above obligation in penal sung
thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue
so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly,at the City's option:
1. Complete the A+areernent in accordance with its terns and conditions; or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms
and conditions; and upon determination by Surety of the lowest responsive and responsible
CD 5
bidder, arrange for a contract between such bidder and the City, and make available as work
progresscs slr61cient furids to pay the cost of completion, of the Work, less the balance Of tile
Agreement price,but not excceding,,. including other costs and darnages for which Surety may be
liable hereunder, the amount set forth above. The terns "balance of the Agreement,price," as used
in this paragraph, shall mean the total amount payable to the Prinelpal by the City under the
Agreement and any modifications th,erclo, less the amount previously properly paid by the Clity,
to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor -which
may be proposed by urety in fii1fillment of its obligatio'ns in the event of default by the
Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept
a bit ie Principal for completion ofthe Work if the City, when declaring thePrincipal in
i from d
default notifies Surety of the City"s olbjcction to the Principal's ffi,rdicr participation in, the
completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation
other than the City named he or the succe&sors orassip
, s of the City, Any, suit ander this
bond must be instituted within the applicable statute of limiLadons period.
The said Surety, for value recei-ved, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the tcrnns, of the ALgreement or to the work to be
perfionned thereunder Or the Specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby Nvaive notice of any such change. extension of time.
alteration or addition to Lhe ternis of the Agreenwrit or to the work, or to the specific ati ons.
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'No final scftletvent between the City and the Principal shall abridge the right of any
bQnef-iciary hereunder whose claim may be unsatisfied.
The Principal and Surety a&rree that if the City is required to engage the seillices of any
attorney in connection with the enforcement of this bond, each shall pay the City's reasonable
attorneys' fees incurred,v,,,ith or without suit, in addition to the above suer.
In witmass whereof, this, instrument has been duly executed by the Principal and Siircty above
named, on October 14 , 2016.
(SEAL,) (SEAL)
Weber Water Resources C& LLC TravelerCasualty and Surety ompany of Annerrca
(con! i
ret y)
�ractor)
L Y
ignaturc) Andrea T. Windish, Attorney-in-Fact(Signature)
Address: One To!��er Square
(Seat and'Notarial AcknoNvIedgeinent of Surety) ........Harttr
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'f elephone: ( 480 )5a5,m8,9DA----
CD6
SURETY ACKNOWLEDGMENT'
STATE OF ARIZONA
COUNTY OF Maricopa
On this 14th day of October—, 2016 , before me, a Notary Public, personally
appeared Andrea T. Windish personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to this instrurnent as the
Attorney-in-Fact of Travelers Casualty and Surety Company of America , and acknowledge to me
that she subscribed the narne of _.TraveC.ers Casualty and Surety Company of America thereto as
surety, and her own name as Attorney-in-Fact.
Michelle UPPILI WTARY PUBLIC
March 17, 2019
MY COMMISSION EXPIRES
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of y�
On }(' 3 � L�before me, 7�LA
�� icJV1 r C-, ,
Date Her sect Name and Title of the Officer
personally appeared r��C_ � t�
Name(s) of Signer(s)
who 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
DEBRA JEAN THORNTON t is true and correct.
Commission #2125551
�t~ Not Public California z WITNESS my hand and officia
2 = *= e
San eernardino County
M Comm. Fxrnres Aug 30,2019 t
Signature 1
ignature of Notary Public
Place Notary Seat Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer --- Title(s): ❑Corporate Officer — Title(s):
❑ Partner -- ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Bond Number: 106547228
LABORIN-D MATERLAI BOND
Whereas, the City Council of the City of Rcdlands. State of California, and Weber
Water Resources CA, LLC (hereinafter designated as "Principal") have entered into an
agreement (the "Agreement") whereby Principal agrees to install and complete certain
designated public improvements (the"Work"),which said agreement, dated October N, 2016,
and identified as COUNTRY CLUB BOOSTER STATION PUMP (42387)
REPLACENN1.E 1T, PROJECT NO. 71273 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending
the performance of the Work, to file a good and sufficient labor and Material bond with the City
of Redlands to secure the claims to which reference is made in Title 3 (co€nmeneing with Section
9.550) of Part 6 of Division 4 of the Civil Code of the State of California.
Nov, therefore,said Principal and Travelers * as corporate surety, are held firmly
bound unto the City and all contractors, subcontractors, laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of Thirty Four Thousand Five Hundred and 'Thirty Dollars (534,530) for
materials furnished or labor thereon of any kind, or for amounts due under the Unernploynient
Insurance Act with respect to such work or labor, that said surety will pay the sante in an amount
not exceeding the amount hereinabove 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 attorneys' 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 judgment therein rendered.
It is .hereby expressly stipulated and agreed that this bond shalt insure to the benefit of
any and all persons. companies and corporations entitled to file claims under Title 3
(commencing with Section 9550) of Part 6 of Division 4 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 the specifications accompanying the sante shall in any
manner affect its oblications on this bond, and it floes hereby waive notice of any such change,
extension of time, alteration or addition.
*Casualty and Surety Company of America,
CD 7
In "",-itness w'hereof, 1his insmiment has been duty executed by the Principal and surety
above named., on Octobcr 14
2016
(SEAL) (SEAL)
_WLeber 7Wter Resources CA LLC Travelers,!Casuafty-apd SuretyCompany of America
(Contractor)
BY:
-in-Fact(Signature)
2natui Andrea T. Windish, Attorney
Address:__One Tower§ ar�
(Seat and Notarial AcknowledPrIWIlt Of SL[rety) Hartford, CT 06183
480 )_585-8904
't 8
SUP,ETY ACKNOWLEDGMENT
STATE OF ARIZONA
COUNTY OF Maricopa
On this 14th day of October 2016 , before me, a Notary Public, personally
appeared Andrea T. Windish personally knowii to the (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to this instrument as the
Attomey-in-Fact of Travelers Casualty and Surety Company of America , and acknowledge to me
that she Subscribed the name of Travelers Casualty and Surety Company of America thereto as
Surety, and her own name as Attorney-in-Fact.
V z
Michelle Lipp NOTARY PUBLIC
m
March 17, 2019
MY COMMISSION EXPIRES
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California '
County of ars
ryrr
Cn � � �� �F°�p�before me,
Date _ ,Hee insert Name and Title of the Officer
personally appeared t c
Name(s) of Signer(s)
who proved to me can 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph.
�uWA ah AN THORNTON is true and correct.
22555
1 1 z WITNESS my hand an affici se
W m Public -California z
' an 9ernardino County � �
M Comm. Expires Au 80,2019
Signature t
Sign Lure of Notary Public
Place Notary Seal above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document (Cate: Number of 'Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
i i Corporate Officer — Title(s): _1 Corporate Officer — Title(s):
El Partner — ❑ Limited it General E! Partner — CJ Limited 11 General
❑ Individual [-I Attorney in Fact ❑ Individual _1 Attorney in Fact
E Trustee 0 Guardian or Conservator F1 Trustee ❑Guardian or Conservator
❑Other; ❑ Other:
Signer is Representing: Signer is Representing:
02015 National Notary Association •www.NationalNotary.org 1-800-US NOTARY(1800-876-682:7) Item 45907
IMRMN&THE POWER OF AT70RNEY IS INVALID WITHOUTTHE RED BORDIER
POWER OF XFTORNEY
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St,Paul Fire aind Marine Insurance Company United States Fidefity:and Guanaily Conipany
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