HomeMy WebLinkAboutContracts & Agreements_35-2010AGREEMENT
THIS AGREEMENT, made and entered into tlus 16th day of March, 2010, by and between the
City of Redlands, a Mumcipal Corporation, organized and existing under the laws of the State of
California, hereinafter referred to as the "City", and C P. Construction Co , Inc of the City of
Ontario, County of San Bernardino, State of California, hereinafter referred to as the "Contractor"
WITNESSETH That the City and the Contractor, for the consideration heremafter named, agree
as follows
1 SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work
for the following
Construction of the Highhne Water Replacement Project, Phase II, complete all as required by
the Contract Documents and Specifications for HIGHLINE WATER REPLACEMENT
PROJECT, PHASE II , Project No 1-0925.
2 THE CONTRACT SUM $ 1,583,309.50 in accordance with the terms and conditions set
forth in the Contract Documents
A Pursuant to Section 22300 of the 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 City pursuant to an Escrow Agreement as set
forth m the Public Contract Code Section 22300
3 TIME FOR COMPLETION The work under this Contract is to be completed within one
hundred fifty (150) calendar days from and after the date of the Notice to Proceed
4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the trine
allowed will result m 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 rnomes due it, the sum of $500 for each consecutive calendar
day in excess of the specified tune for completion of the work
Execution of the Contract shall constitute agreement by the City and Contractor that $500 per
day is the mimmum 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 Contractor if such delay occurs
5 CONTRACT DOCUMENTS. The complete contract documents under this Agreement
includes all of the contract documents set forth herein, to wit, Notice Inviting Bids, Instructions
to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond,
Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any
addenda thereto
CD 1
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.
7 RESOLUTION OF CONSTRUCTION CLAIMS. Claims by the Contractor m 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 m subdivision (a) of Pubhc Contract Code Section 20104 2
shall extend the time hmit or supersede the notice requirements provided in this case from
filing claims by Contractor
8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR. Contractor and any
subcontractors 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
9 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
10 SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners,
successors, assigns, and legal representatives m 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
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above
(SEAL)
ATTEST:
City of Redlands
(Owner)
Mayor, City of Redlands, County of
San Bernardino, California
City Clerk, City of dlands
County of San Bernardino, California (SEAL)
C P Construct1ore Co., Inc
Name of Contractor A
By MICHAEL PP'I TER
Signature of Authonzed Agent
Secretary/Trcasur-r
Title
N/A
Signature of Authorized Agent (if necessary)
N/A
Title
304795
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Descnption of Contract
City of Redlands
Municipal Utilities & Engineering Department
HIGHLINE WATER REPLACEMENT PROJECT,
PHASE II
Project No. 1-0925
Labor Code, Section 3700, provides, m 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 waste compensation insurance in this State
(b) By secunng from the Director of Industnal 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 Industnal 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 24rh day of March , 2010
C P. Const'ruct'ion Co., Inc
John Blough, Vice Prestdent
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
the Owner pnor to performing the work of the contract )
CD 4
EXECUTED IN DUPLICATE
PERFORMANCE BOND
BOND #PRF761413500
PREMIUM $14,729
Whereas, the City Council of the City of Redlands, State of California, and C P Construction Co , Inc
hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated March 16, 2010, and
identified as Construction of the HIGHLINE WATER REPLACEMENT PROJECT, PHASE
II, Project No 1-0925 is hereby referred to and made a part hereof, and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
performance of said project
Now, therefore, said Principal and Fidelity and Deposit Company of Maryland, as surety, are held firmly
bound unto the City of Redlands (hereinafter call "City"), in the penal sum of One million five hundred
eighty three thousand three hundred nine 50 Dollars (8 1,583,309 50) lawful money of the United
States, 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 if the above bounded Principal, his or hers heirs, executors,
administrator, 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 his or their 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 N,oid, 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 therefore, there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
tei ms 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 above named, on
March 18, 2010.
(SEAL)
C P Coy. action Co ,Inc �. (SEAL)
Fidelity and Deposit Company of Maryland
(Seal and Notarial Ackno„ ledgment of
Surety)
BY
(Surety)
(Signature) Dwight Reilly
Address 801 N Brand Blvd , Penthouse Suite
Glendale, CA 91203
Telephone (818) 408-2800
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ACKNOWLEDGMENT
State of California
County of ORANGE )
On March 18th 2010 before me, ALLISON RITTO, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared DWIGHT REILLY
who proved to me on the basis of satisfactory evidence to be the person( -s-) whose name fsj is/ace
subscribed to the within instrument and acknowledged to me that hefstrefthey executed the same in
his/hhefltheir authorized capacity(ies), and that by his/her/il signature(s-) on the instrument the
person(sj, 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 is true and correct
WITNESS my hand and official seal
Signature
ALLI , 4N RITTO
Commission #182A932
Bond Number PRF7614135
Power of Attorney
FIDEI ITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW Al L MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYI
State of Maryland, by Flrank Martin, Jr, Vice President and etafd F Haley, Assistant Secretary, in puri
�Wey a f said Company, wha Be rth on the next page h
ppoint Dwight Reilly/
for, and on its behalf
nstruction Co Inc
by Article VI, Section 2, t►# th
force and effect on the 4
and lawful agent and A
or undertaking number
Principal in a penalty n
(S 1.899.972
company, as fully and
officers of the Company:,'(',
The said Assistant Secreta
Laws of said Company, att1;.
IN WITNESS WHE
Corporate Seal of the said
2010
ereby nominate, co'
act, to make, execute, so
7614135 , issued on beh
ATTEST
State of Maryland ss
County of Baltimore
sum of One Million
ecution of such bond or ndertaking in pursuance of th
Dents and purpose k it had bee duly executed an
ffice in Baltimore, MD,in th r wn proper Dei ons
ed Ninet Nine Thousan
oes hereby certify that the
w in force.
ext page hereof is
AND, a corporation of the
uance of authority granted
t by certified to be in full
, its true
act and deed Bond
, as
Two and Zero Ce ,
as binding upon said
he regularly elected
ents, s
!owledge
v,o
the said Vice President an As tsk»ttit tretat have hereunto ul scri ed ;t
ELITY AND DEPOSIT COMPANY 4F MARYLAND this 18th dati o
FIDELITY AND DEPOSIT COMPANY OF MARYI AND
Gerald F Haley Assistant Secretary
By
I, Section 2, of the By
names and affixed the
ch , AD
Frank E Martin Jr Vice President
On this 18th day of March A.D 2010 , before the subscriber, a Notary Pubhc of the State of Maryland,
duly commissioned and qualified, came Frank E Martin, Jr , Vice President, and Gerald F Haley, 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
Constance A Dunn
My Commission Expires
Notary Public
July 14, 2011
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 Vice President that is
specialty authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary, shall have the power, by
and with the concurrence of the Secretary, to appoint Attorney 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, undertakings, recognizances, stipulations, policies, contracts,
agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also
all other instruments and documents which the business of the Com may require, and to affix the seal of the Company thereto "
I, the undersigned, Assi
original Power of Attorney.
and I do further certify ti
specially authorized by the
FIDELITY AND DEPOSIT
This Power of Attorney
Directors of the FIDELI
CERT]
f the FIDELITY Ai
regoing is a full, tr
'esident who execu
of Directors to appoint a
PANY OF MARYLAND.
Certificate may be signed b'
EPOSIT COMPANY OF
IT COMPANY OF M
ct copy, is in full force a
o pf Attorney was
provided in Artit
D, d
on the
he ad
echo
y certify that the
if this certificate,
1 Vice Presidents
e By Laws of the
y authority of tft following resolution of the Board of
ting duly called Ind e 1 oii the 5th day of May, 1994
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 be 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 18th day
of March , 2010
c)(06d,„,„,
L L Goucher Assistant Secretary