HomeMy WebLinkAboutContracts& Agreements_149-2002_CCv0001.pdf EXECUTED IN DUPLICATE BOND NO.: 8492606
LABOR AND MATERIAL BOND PREMIUM : $4,873.00
Whereas, the City Council of the City of Redlands, State of California,and
ALBERT W. DAMES, INC. -
7---7- (hereinafter designated as
"Principal-) have entered into an agreement whereby Principal agrees to demolish designated
wastewater facilities, which said agreement, dated 20 and
identified as RECYCLED WATER TRANSMISSION MAIN, MARIGOLD A'%TENUi AND
PALMETTO AVENUE FROM MARIGOLD AVENUE TO CALIFORNIA STREET,
Project No.2-0339 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 file a good and sufficient payment bond with the City of Redlands 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 firmly bound
unto the City of Redlands and all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedure in the sum of FIVE HUNDRED FIVE* —Dollars($505,300.00
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 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 attorney's fees, incurred by the City of Redlands 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 udgment therein rendered.
*THOUSAND, THREE HUNDRED AND 00/100
It Is hereby expressly stipulated and agreed that this bond shall insure 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 said agreement or the specifications accompanying the same shall in any manner
affect Its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition.
in witness whereof, this instrument has been duly executed by the Principal and surety above
named,on SEPTEMBER 11 2002
ALBERT W. DAVIES, INC. (SEAL) FIDELITY AND DEPOSIT (SEAL)
COMPANY OF MARYLAND
ctor) q
S
(Signature) Signatuml
DWIGHT REILI ��, URNEY-IN-FACT
Address: 60 EAST NINTH STREET
UPLAND: 1:C::A�9 17 8�6
(Seal and Notarial Acknowledgment of Surety) Telephone(909) 920-5811
--- -------
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
4
Mate of California
ss.
County of San Bernardino
a
On SEPT. 11, 2002 before me, CLAUDETTE N. MARTIN, NOTARY PU$LI , ,
Data Name and IWe of officer{a.g.,`Jana Doo.Notary Public'}
personally appeared DWIGHT REILLY -------------------------------
Name(�)of Suter{s}
XX personally known to me
t I-I proved to me on the basis of satisfactory
evidence
to be the personN) whose name) istftt*
subscribed to the within instrument and
acknowledged to me that he/",ft"executed }
E
........ the same in hislftt*Alll* authorized
> RTI
— capacity(110)L , and that by histXA$"
At
_ i
signature(k;} on the instrument the person(M), or
the entity upon behalf of which the person(X)
i
.. . .'. acted, executed the instrument.
WITNESS my hand and official seal.
f'
AAA",--
Place Notary Seal Above Signature of Notary Puble 5
CLAUDETTE N. MARTIN
OPTIONAL
Though the Information below is not required by taw, it may prove valuable to persons relying on the document a
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document PAYMENT BOND
Title or Type of Document:
SEPTEMBER 11, 2002
Document Date: _2002___________Number of Pages:
Signers) Other Than Named Above; NONE
Capacity(fes) Claimed by Si ner
Y
Signer's Name: DWIGHT RE LY -------------------------
Individual -- - Top of ititarrab hrm, f�
* Corporate Officer—Title(s):
❑ Partner—L-1 limited FJ General
04 Attorney in Fact
0 Trustee
[ I Guardian or Conservator
0 Other: I
Signer Is Representing:FIDELITY AND DEPOSIT COMPANY
gOND _ - - --
0 1997 Nallonal Notary Assodation•"50 tea Soto Ave,,Pt7,Box 2402•Chatsworth.CA 41313-2402 Prod,No.5907 neorder:Call Tog-Free 1-800.876-6827
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a
A
corporation of the State of Maryland, by W. B. WLBRECHER. Vice-President, and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI. Section 2. of the BY-Laws of said Company, which are set forth on the
reverse side hereof and are hereby certified to be in full and eff the date hereof, does hereby nominate,
constitute and appoint Dwight REILLY, of UCarta, its ,`I-Aland, Cal -
awful agent and Attorney-in-Fact,to make,
execute, seal and deliver, for, and on its behalf as sur d as its deed: any and all bonds and undertakings
and the execution of such bonds or undertakings in pq ce of the stints,shall be as binding upon said Company, as
fully and amply,to all intents and purposes, as if v�d been xecuted and acknow-led-ed by the reaularly elected
e
officers of the Company at its office in Baltimo in the proper persons. This power of attorney revokes that
issued on behalf of Dwight REILLY, dated M 51� 99-,
The said Assistant Secretary does here ify that xtract set forth on the reverse side hereof is a true copy of
Article VI, Section 2,of the By-Laws of t ompany, des now in force.
IN WITNESS WHEREOF, the saiA�-e� PresidAssistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the FIDELI n D DEPOSIT COMPANY OF MARYLAND, this 15th day of
October.A.D. 1998.
ATTEST: FIDEL14 AND OSIT COMPANY OF MARYLAND
By:
T E Smith Assistant Secretary
W B. Walbrecher Vice-President
State of Maryland ss:
County of Baltimore I
On this 15th day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified. came W. B. Walbrecher, Vice-President and T. E. Smith, 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.
C'ar'ol J Fa r Notan,Public
My Commissi Expires: August 1.
L1428-012-8798
STATEDECALIEGRNABUS SP-ORTATION-ANa.11CUSING
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF COMMUNITY AFFAIRS0,�SING A
go
1800 Third Street,Suite 390
P.O.Box 952054
Sacramento,CA 94252-2054
(916)445-6000
FAX(9 16)323-6016
September 26, 2002
Karl N. Hmvs. Mayor
City of Redlands
P.O. Box 3005
Redlands, California 92345
Dear Mr. Haws:
RE: CDBG Grant##99-DRI-010; Amendment No. I
Enclosed for your files is a fully executed copy of Amendment#1 to the above referenced grant.
If you have any questions, please call me at (916) 263-0465.
Sincerely,
u
V�—1 vvu
Mimi Bettencourt
CDBG Representative
Enclosure
cc: CDBG Fiscal File
CONTRACTOR'S COPY
STATE OF CALIFORNIA
STANDARD AGREEMENT -APPROVED BY THE ATTORNEY GENERAL CONTRACT NUMBER I NO
STD.2(REV,5-91)HCC}ELECTRONIC(1/94) 99-DRI-010 1
TAXPAYER'S FEDERAL EMP-3YER IDENTzFiCATION NL M'
THIS AGREEMENT,made and entered into this 3rd day of July, 2002
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Dept. of Housing & Community Development hereafter called the State,and
CONTRACTOR'S NAME
CITY OF REDLANDS hereafter called the Contractor,
WITNESSETH:That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: ,Set forth semee to be rendered by Contractor,amount to he paid Contractor,
tune for performance or completion,and attach plans and specifications,ifariv.)
Standard Agreement No.99-DRI-0 10,made and entered into February 23. 2000 between the Department of Housing and
Community Development and the City of Redlands,is hereby amended as follows:
Second paragraph of page 1,"Term"of the original agreement is hereby deleted and replaced with a new second paragraph of page 1,
"Term", as follows:
Term: The effective date of this agreement is April 26, 2000, This agreement shall terminate on March 31,2003.
Attachment A of original agreement has been deleted in its entirety and replaced with a new Attachment A as attached hereto and
incorporated herein,incorporating the"Drug-Free Workplace Certification","Union Organizing"and"Prevailing Wages"clauses.
All other terms and conditions remain as set forth in the original agreement.
CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR If other flan,an individual,stare whether a corporation,,arra snp,erc.
De a ,
D � F)l�' nent of o)jsing & f3ommunity Development CITY OF REDLANDS Attest: —
BY R SIGNA BY(AUTHORIZEDGNATURE}
R SEG
-4"enPRIN D NAME 000�FPERSMSIGNING PRINTED NAME AND TITLE OF PERSON SIGN IG
S 'Lorrie P '
n�its L. Montgomery Karl N. Haws, Mayor
TITLE ADDRESSCitClet-Ir
Manauer, Business Management Branch P.O. Box 3005, Redlands, CA 92371
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT 20 FTF Use Only
$-0- (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR Federal Funds—CDBG FCN 14.228
THIS-CONTRACT ITEM CHAPTER I STATUTE I FISCAL YEAR Exempt from Department of
r%
$1,000,000.00 G-PrIeral Serwres 1-1 Pro,
TOTAL AMOUNT ENCUMBERED TO 2240-101-0890 50 1999 1999/00
DATEOBJECT OF EXPENDITURE(CODE AND TITLE)
$1,000,000.00 2207/46007=$1,000,000.00 Grant—Government 661702
1 hereby certify upon my Own personal knowledge that budgeted funds T B.A.NO, B,R,NO, SEP 1 8 2002
are available for the period and purpose of little expenditure stated above.
SIGNATUE•4} �
CCOUNTING OF DATE
X
CONTRACTOR o STATE AGENCY o DEPT.OF GENERAL SERVICES 0 CONTROLLER o
City of Redlands
99-DRI-010, Am #1
Attachment A
Compliance Requirements--State Laws and Regulations
Page 2 of 2
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs a, b, c, d, e and f
2. Nondiscrimination Clause
a. During the performance of this agreement, the Grantee and its subcontractors shall not unlawfully
discriminate,harass or allow harassment, against any employee or applicant for employment because of sex,
race, color, ancestry,religious creed, national origin, disability(including HIV and AIDS), medical condition
(cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave.
Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. The Grantee and subcontractors shall
comply with the provisions of the Fair Employment and Housing Act(Government Code, Section 12900 et
seq.) and the applicable regulations promulgated thereunder(California Code of Regulations, Title 2, Section
7285.0 et seq.). The applicable regulations of the Fair Employment and Housing,Commission implementing
Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations are incorporated into this agreement by reference and made a part hereof as if set forth in full.
Grantee and its subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
b. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under the agreement.
3. Union Organizing
Recipient, by signing this Grant, hereby acknowledges the applicability of Government Code 16645 through
16649 to this agreement. Furthermore, Recipient,by signing this agreement, hereby certifies that:
a. No state funds disbursed by this grant will be used to assist, promote or deter union organizing.
b. Recipient shall account for state funds disbursed for a specific expenditure by this grant, to show those
funds were allocated to that expenditure.
C. Recipient shall, where state funds are not designated as described in (2) above, allocate, on a pro-rata
basis, all disbursements that support the grant program.
d, If Recipient makes expenditures to assist,promote or deter union organizing, Recipient will maintain
records sufficient to show that no state funds were used for those expenditures, and that Recipient shall
provide those records to the Attorney General upon request.
4. Prevailing gages
a. Where funds provided through this Agreement are used for construction work, or in support of
construction work, Contractor shall ensure that the requirements of Chapter I (commencing with section
1720)of Part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by
the California Department of Industrial Relations) are met.
b. For the purposes of this requirement"construction work" includes,but is not limited to rehabilitation,
alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through
this Agreement. All construction work shall be done through the use of a written contract with a
properly licensed building contractor incorporating these requirements (the"construction contract,
Where the construction contract will be between the Contractor and a licensed building contractor,
Contractor shall serve as the "awarding body" as that term is defined in the Labor Code. Where
Contractor will provide funds to a third party that will enter into the construction contract with a licensed
building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of
funds, including but not limited to release of any final retention payment, the Department may require a
certification from the awarding body that prevailing wages have been or will be paid.