HomeMy WebLinkAboutContracts & Agreements_7-2006_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this Yd day of January,2006,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 Hillcrest Contracting,Inc.,of the City of Corona,County of Riverside,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 top erform
construction of Street and Traffic Signal Improvements at Barton Road and San Timoteo Canyon Road project,
complete, all as shown, specified, and made a part of Contract No. 209300-7230/41018.
2. For the Contract Sum of$370,446.00,in accordance with the terms and conditions of the Contract Documents.
Pursuant to Section 22300 ofthe California Public Contract Code,Contractor has the option to deposit securities
with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant
to and Escrow Agreement.
3. Time for Completion. The work shall be completed within one hundred and twenty(120)work days from and
after the date of the Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in
damages being sustained by the City. Such damages are,and will continue to be,impracticable and extremely
difficult to determine. The Contractor shall pay to the City,or have withheld from monies due it,the sum as set
forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion
of the work.
Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages
amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work
within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty,and may be
deducted from payments due the Contrtactor if such delay occurs.
5. 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.
6. 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.
7. 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.
8. Insurance. All policies of general liability and business automobile insurance required by this contract shall
name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under
this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance
maintained by the City.
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9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall
be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1.5 of the Public Contracts 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 the Public Contracts Code Section 20104.2 shall extend
the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this
Contract, the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs
incurred in providing the notification required by Public Contract Code section 9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will
be binding on another party without the written consent of the party sought to be bound.
12. Successors and Assigns. The City and Contractor each binds itself,its partners,successors,assigns and legal
representatives in respect to all covenants,agreements and obligations contained in the contract documents.
13. 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
the City and Contractor.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
CITY SEAL
By:
ayor,City of Redlands
County of San Bernardino,California
ATTEST:
City Clerk,City ofi e la4ds
County of San BeIiiro,California
Hillcrest Contracting Inc.
Name of Contractor
CONTRACTOR SEAL By: Glen I Salsbury
Signature of Authorized Agent
President
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
471664 A
Contractor's License No.
CD-17
WORKERS' COMPENSATION INSURANCE CERTIFICATION
STREET AND TRAFFIC SIGNAL R"ROVEMENTS AT
BARTON ROAD AND SAN TIMOTEO CANYON ROAD
CONTRACT No. 209300-7230141018
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, 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 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 of this contract. (Labor
Code Section 1861)
Date
Hillcrest Contracting,Inc.
Name of Contractor
By:
Signature of Authorized Agent
President
Signatory's Title
471664 A
Contractor's License No.
CD-18
EXECUTED IN TWO COUNTERPARTS BOND #7578264
PERFORMANCE BOND PREMIUM: $2,799
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as City), and
Hillcrest Contracting_Inc.(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 January 3,
2006,and identified as Contract No.209300-7230/41018,is hereby referred to and made a part hereof;and
WHEREAS, tinder 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 three hundred and seventy thousand, four hundred and forty six dollars ($370,446.00) 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 ifthe 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 lois 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 JANUARY 13 ,2006. Bond No. 7578264
HILLCREST CONTRACTING, INC. (SEAL) FIDELITY AND DEPOSIT COMPANY OF MAIEySEALI
Principal Surety
By: By. -
Signature Signature MATTH W LAKE
Address: 801 N. BRAND BLVD. , SUITE PENTHOUSE
GLENDALE, CA 91203
(Notarial AcknoMcd is ofNnclpal and Surety) Telephone: (_818 409-2800
CD-19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CAL-TFORNIA
COUNTY OF ORANGE
On 1-13-06 before me, LE.XIE SHERWOOD - NOTARY PUBLIC
personally appeared MATTHEW P. FLAKE personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal . ISRWOOD
COMM,A!KA 5E #159391
g2 Vp rw � C1r',ANGE COt)N rf
Signa u—r e"-.6 f No ary Public
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.
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES 1 DATE OF DOCUMENT 1-13-06
CAPACITY CLAIMED 13Y SIGNER
❑ INDIVIDUAL ❑ CORPORATE OFFICER
TITLES)
❑ PARTNER (S) ® ATTORNEY-IN-FACT TRUSTEES)
❑ OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S) CLEC ENTITY(S)
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On January 16, 2006 before me, Michelle Santiago, Notary Public, personally appeared
Glenn J. Salsbury, personally known to me, to be theep rson whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or entity upon behalf of
which the person acted, executed the instrument.
-ANTIAGO Witness my hand and official seal
COM
M /
,» a d
P,u_°`
E 'n' Michelle ntia
` g , Kota Public
OPTIONAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document:Performance Bond
Document Date: January 13, 2006 Number of Pages: One
Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Capacity(ies) Claimed by Signer
Signer's Name: Glenn Salsbury
❑ Individual
Corporate Officer—Title(s): President
❑ Partner - 0 Limited n General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Ll Other:
Signer is Representing: HILLCREST CONTRACTING, INC.
-----------
EXECUTED IN TWO COUNTERPARTS BOND #7578264
PREMIUM: INCLUDED IN
PAYMENT BO" PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as "City"),and
Hillcrest Contracting,Inc.(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 January 3,
2006,and identified as Contract No.209300-7230/41018,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,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
three hundred and seventy thousand,fourhundred and"six dollars(5370,446.00)formaterials 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 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.
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 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 JANUARY 13 2006. Bond No. 7578264
HILLCREST CONTRACTING, INC. (S EA
(SEAL) FIDELITY AND DEPOSIT COMPANY OF MARYLAND{SEAL}
L)
Principal Surely
D
By: /2L
�-�---
Signature SFP=Urc MATTHEW I
Address: 801 N. BRAND BLVD. , SUITE PENTHOUSE
GLENDALE, CA 91203
(Notarial Acknowledg=ts of Principal and Surto) Telephone: ( 818 409-2800
CD-20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY O.F ORANGE
On 1-13-06 -before me, LEXIS SHERWOOD - NOTARY PUBLIC
personally appeared MATTHEW P. FLAKE personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
I-E-EXIE S >
WITNESS m hand an official seal.
HERWOOD
COMNA-#1593,,1 !Sl�
NO PLMLIC 0 CM
A!)FORM I,
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ORAt'--C-UNTY
k
P,JULY 27,2009
Comm,EZ
Signa`t—urel/bf No Cy' Public
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.
DESCRIPTION OF ATTACHED DOCUMENT
PAYMENT BOND
TITLE OR TYPE OF DocuMENT
NUMBER OF PAGES 1 DATE OF DOCUMENT 1-13-06
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL ❑ CORPORATE OFFICER
TITLES)
❑ PARTNER (S) ATTORNEY-IN-FACT TRUSTEE (S)
E] OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S) OR ENTITY(S)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland, by WILLIAM J. MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary,
in pursuance of authority granted by Article V1, Section 2,of the By-Laws of said Company, are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h e =by nominate,constitute
and appoint Richard A. COON,Charles L. FLAKE,David L.CULQ!� E and Lexie
SHERWOOD,all of Anaheim,California, EACH its true make,execute, seal
and deliver, for,and on its behalf as surety,and as it1�;�V ty undertakings,and the
execution of such bonds or undertakings pmd I�M�kse S ending upon said Company,as fully and
amply,to all intents and puTos bee acknowledged by the regularly elected officers of
Company a is fri h- r persons. This power of attorney revokes that issued on
the Comp,
behalf of Richard A haF avid L.CULBERTSON,Matthew P. FLAKE, Lexie SHERWOOD,dated
January 14., 2005, �Vno, () a,
6ry
The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
etm
,Section 2,of the By-Laws of said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 7th day of November,
A.D. 2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Eric D. Barnes Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore
On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland. duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding, instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
I''�i,tl>
MPO'1: 4
1"
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2007
POA-F 012-4150H
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2.The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
1,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13TH day of JANUARY 2006
J
AssistantSecretaty
RECORDING REQUESTED BY Recorded in Official Records, Conary of San Bernardino 10/23/2006
AND WHEN RECORDED MAIL.TO: .� LARRY INALKGII
2:48 PM
,.
SH
F ; p * Auditor/Controller — Recorder
CITY CLERK
CITY OF REDLANDSR Regular Mail
35 CAJON STREET hoc#. ����_0722097
P.O. BOX 3005 Titles: 1 Pages: 1
REDLANDS CA 92373 Fees 0.30
Taxes 0.00
E ES NOT REQUIRED Other 0.00
PER GOVERNMENT G906 PAID `b0.06
SEiy ION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
v-1 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 O 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 October 12, 2006. The work done was:
Barton Road/San Timoteo Canyon Road Street and Signal Improvements, Contract No. 209300-7230/41018.
7. The name of the contractor for such work of improvement was: Hillcrest Contracting, Inc.
1467 Circle City Drive,Corona CA 92879 January 3, 2006
(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:The intersection of Barton Road and San Timoteo Canyon Road
9. The street address of said property is: N/A
Dated:October 16, 2006
Senior Civil Engineer,AuSlic Works Department,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 October 16, 2006,at Redlands,California.
Public Works Director,Public Works epartment,City of Redlands