HomeMy WebLinkAboutContracts & Agreements_41-2002_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 11 th day of April , 2002 , 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 ARB. Inc.
of the City of Lake Forest, County of Orange , 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 for the following:
Sliplining of high density polyethylene pipe for the inlet pipeline, complete in place all
as required by the Contract Documents and Specifications for the CRAFTON
RESERVOIR INLET PIPELINE PROJECT,Project No. 1-0200.
2. THE CONTRACT SUM: $ 17,400 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 in Public Contract Code section
22300.
3. TIME FOR COMPLETION: The work under this Contract to be completed within
thirty (30)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 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 of$500
for each consecutive calendar day in excess of the specified time for completion of
Work.
Execution of the Contract shall constitute agreement by the City and Contractor that
$500 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
Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: The complete contract includes all of the contract
documents set forth herein, to wit; Agreement, Faithful Performance Bond, Labor and
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Material Bond, Plans, General Conditions, Special Conditions, Special Provisions And
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.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the
amount of$375,000.00 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 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 Public
Contracts 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 any
subcontractors agree to abide by California Public Contractor's 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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
City of Redlands
(SEAL) (Owner)
By:
Karl N. (Kasey) Haws, Mayor
City of Redlands
County of San Bernardino, California
ATTEST:
City Cl er , City ofvkr
a�,,sCounty of San BermC�O, California -- (SEAL}
Akfi
Name of Co `tracto .
;i
By:
Sinature o Authoized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
CRAFTON RESERVOIR INLET PIPELINE PROJECT
Project No. 1-0200
Labor Code section 3700 provides, in part:
"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 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 day of
200 z—
Aft,Anc.
kontract
sm Aft preddoot
(( fficial TANe)
(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.)
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Bond No. 24015030
Premium: $157.00
MRFORMAWCF� BOND
Whereas,the C Couricilof the City of Redlands,State of California,and
il�RB, Inc. {hereinafter ereinalter designated as "Principal")
gave entered into an agreement whereby Principal agrees to demolish designated wastewater
facilities,which said agreettim dared 2402 and,idearif Jied as CRAFTON
RESERVOIR INLET PUIELM PROJECT, Project No. 1-0200 is hereby rc:fcrrtd to and
made a part hereof,and
Whereas,said Principal is requkcd under The terms of said agreement To furnish a bond for The
faithful performance of said project.
Now,therefore,said Principal and Liberty Mutual Insurance Company _ as surety, are
held firmly bound unto the City of Redlands(hereinafter call"City"),in the penal setup of
Seventeen Thousand Four Hundred and 00/100--- Dollars($ 17,400.00 fia�W-fu I
rn10—ny of the United States, for the payment of which surn 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 srantl,to and abide by,and well
and truly keep and perforin 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 ft 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 aull and void;
otherwise it shall be and remain in full force and effect.
As a part of t
'the obligation secured hereby and in,addition the face amount specified therefore,
there sh4li be included costs' and reasonable expenses and fees, including reasonable anorney'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 terms of the agreement or to the work to be performed thereunder or The specifications
accompanying The same shall in anywise affect its obligations an 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.
"n witness whereof, This instrument bas been duly executed by the Principal and surety above
aam&tL on April 12 >0 02 ,
B, Inc. (SEA (S{SEAL.)L) Liberty Mutual Insurance Company
Co actor) (Sit ty)
(91
;14
Co
Donna J. Frowd Attorney-ire-fact
H- I M, OER11SIC-01'P')
GF-145RAL COUNS%o M B McGowan & Associates Insurance Agency, Inc,
1450 Grant Ave., Ste. ovato, CA 94945
cal and Noutial Acknowledgment of Telephone(415 ) 892-1080
CD
CALIFORNIACAALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On April 12, 2002 before me, DONNA L. WELSH, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G-,'JME DOE.NOTARY PUBLIC*
personally appeared DONNA J. FROWD
RXIX(S)OF 02179(9)
personally known to me -OR-❑ proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) islare
subscribed to the within instrument and ac-
knowledged 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
❑ Vv-C'r- J person(s) acted, executed the instrument.
WITNESS)rKy—hand and i I seal.
SIGMATURE OF 1%0TAW
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
traudulent reattachment of this toren.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TTTLE(s)
❑ PARTNER(S) ❑ LIMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S) NUMBER OF PAGES
❑ GUARDIAN/GONSEHVATOR
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PE {S)OR ENTITY(IES)
THE SURETY COMPANY
SIGNER(S) OTHER THAN NAMED ABOVE
Bond No. 24015030
Premium: Included on Performance Bond
LABOR AND MATMAL BOND
Whereas.,the City Councilof the City of RedlanAs,State of California,and
ARB,
Inc..--- (hereinafter designated as
-Principar) have entered into an agreement whereby Principal agrees to demolish designated
wastewater facilities,which said agreement,dated_ April Ti 2002. and
identified as CRAnON nSERVOIR R*TUT PIPELINE PROJECT,Project No.1-0200 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 Codc 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, mawrialmen and other
persons employed in the performance of The aforesaid agreement and referred to in the aforesaid
Code of Civil Procedure in tilt sutra of **See Below -Dolh-as qj7,40�0.00
for materials furnished or labor thereon of any kind,or for amounts due under the UnemploymenT
Insurance Act with respect t'o's'uch worlic or labor,that said surety will pay the same in an amount
not exceeding the amount heTeinabove 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, incLarcd by the City of Redlands in successfully enforcing such
obligation,To be awarded and fi.-ced by the court,and to be taxed as costs and to be irtcluded in the
judgment therein rendered.
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_
Shouldthe condition of this bond be fully performed,then this obligation shall become nail and
VOK otherwise it shall be and remain in full force and effect_
Thesurety 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 my manner
affect its obligations on this bond,and it does hereby waive notice of any such chaal c.cxrmsion
of time,alteration or addition.
In witness whereof this instritment has been duty execured by the Principal and surety above
named,an April 12 -)a 02
ARB, c. (SEAL) (SEAL)
Lib rt Mutual Insurance CoT4ny
(Contract
syct��
JOHN VE1W-SJC4(S'9' -) FRAC C#0L;`NSEL Donna J, Frowdz fe)--'wom9y-i-n--Ta-cT—
c/o M.B. McGowan &Associates Insurance Agency, Inc.
Address:
14,�0 Grant Ave.. Ste, 210, Nova 94945
x'tarml Acknow1cdgIn3tril of Surety) TcicPhan-(415 892-1080
**Seventeen Thousand Four Hundred and 00/100---
CD 6
CALIFORNIA
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On April 12, 2002 before me, DONNA L. WELSH, NOTARY PUBLIC
OATS NAME,TITLE Of OFFICES-E.G..'JANE DOE.NOTARY PUBLIC'
personally appeared DONNA J. FROWD
RMI!M)M SI&VA(S)
NX personally known to me -OR-0 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 ac-
knowledged 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),
-7- -:nor the entity upon behalf of which the
person(s) acted, executed the instrument.
ESQ mit hand ficial seal.
Al
S)GNATURE/OF NOTARY
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
n INDIVIDUAL
n CORPORATE OFFICER
TITLE(S) TITLE 08 TYPE OF DOCUMENT
n PARTNER(S) D LIMITED
EJ GENERAL
ATTORNEY-IN-FACT
n TRUSTEE(S) NUMBER OF PAGES
EJ GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESEUnNG: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTrTY(IES)
THE SURETY COMPANY
SIGNER(S) OTHER THAN NAMED ABOVE
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED N RED BACKGROUND. 800809
This Rower of Attorney limits the act of those named herein, and they have no authority to bund the Company except in the
inner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
£ BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS. That Liberty Mutual Insurance nce Carpets (tete "Company"), a Massachusetts
mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name,
constitute and app,int, MICHAEL B. MCGOWAN, SUSAN J MCGOWAN, DONNA L.WELSH,DONNA J. FROWD, ALL
OF THE CITY OF NOVATO,STATE OF CALIFORNIA.......... ..... . ..
E .......................................... .... .............. ... .... . ..... .................................
.......................................... .... ............... .... ...... ...... ..................................
......................................... .. ..... ............. ...... .... ..................................
..... .:., .., ,...,,, ... . ......... ..,.. .....,, ..... ..... .,,.,;. ....,
each indi#iduas y if there be more than one named, its true and lawful attorney in-fact to crake, exec€ate,seat, actino ledge and deliver,for and on its
behalf as surety and as its dot and deed, any and all undertakings, bonds, recognizances and other surety€bligatdns in the penal sura not exceeding
; `
SEVENTY-FIVE MILLION AND 001104 __ _._._ _ .—DOLLAR� 0 75,400,000.00 each, and the executer t such bonds c r �
I undertakings, it pursuance of these presents shall be as binding upon the Company as if they had been duly sighed by the president and attested by
€,
the secretary nary of the Company,n their own proper persons.
That"his power �Made and executed pursuant to and by authority of the following By-law and Authorization:CL E-
€
j ARTICLE XVI Execution of Contract Section 5.Surety Bonds and Undertakings.
U)t Ants officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
11mitations as ,he chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the
I } company to make, execute, seal, acknowtedae and deliver as surety any and all undertakings, bonds, rerognizances and other surety
Il. obligations. Such atierreys-in-Pact,subject to rt-e(irritations set forth in their respective powers of attorney, shall have tial power to bind the
cc company by their signature and execution of any such instruments and to attach hereto the seal of the company. When so executed such
to
instruments shat',be as binding as if signed by the president and attested by the secretan y.
i
iBy the following instrument the chairman or the president has authorized the officer or other official named thereinto appoint attorneys-in-fact: W
tu Pursuant to Article XVI. Section:5 of the By-laws, Assistant Secretan Garnet . Elliott is hereby authorized to appoint such attorneys-in-fact�. Y y pp Y
€ 4.4.
as may be necessary to act in behalf of the company to hake, execute, seal; acknowledge and deliver as surety any and all undertakings,
i bonds,recognizances and other surety obligations,
€I
li That the Bvdaw and the Authorization above set Porth are true codes thereof and are now in full force and effect.60
{
IN WITNESS Wi-EREOF this instrument has been subscr.bed by its authorized officer and the corporate seat of the said L,verty Mutual insurance j
'Company has been alfixadt .n Pfyroutheet!ng,Pennsylvania his_ — day of__..c -__ _ _--� --______—_.-- -- - --
II ''
LIBERTY MUTUAL INSURANCE COMPANY E
By
Garnet W.Elliott.Assistant Secretary *�
Ij 2 COMMONWEALTH ONWEALTH F PENNSYLVANIA ss � >
0 M COUNTY OF MONTGOMERY
On this.__ nJday of _ -- A.B. X41__., bet`ore e, rotary Pu Iic: P�erso tally came he Individual, known to00
> me to be the therein desk,°, iduai and officer, of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowied- I£
I god that he executed* a h a << I the seal affixed to the said preceding instrument is the corporate seat 0*said company;and that said corporateco
Zealand and his sign u y gas duly affixed and subscribed tel the said instrument by authority and direction of the sant company. 00
;Cil TEST11NIO g REEF i set my hand and affix my offic€a€seal at I�Iy ou meeting,P ,the and dear first above °rifler.
>y
Notary Public
t
i
CERTIFICATE
1, the unde,sgni s�t re#a y of Liberty Mutual Insurance Company, opt hereby certify that the original power of attorney, of which the
foregoing is a full.true andC copy,;.1'- -.a in Buil`orCe and effect on the date of this certificate:and I-do f;irt=i£'r certify that the officer who executed the
said cor=e;of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as pros ded in Article
i XVL Section W of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insuran=ce
Co=mpany at a meeting duly called and held on the 12th day of Match, 1939.
i
VOTED that the gacsimite or rtrecha calla eproduced sig ature of any assistant secretary of the company 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.
j IN TESTIMONY WHEREOF, t have hereunto subscribed my name and affixed'he corporate seal of the said company,this__..12th day of
i
- April 2002.
i is :stant Secetary
I
HIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER - RAe�t� 20 03:.._.-__.._.
Recorded in Official Records, County of San Bernardino
4 7/16/2002
-: LARRY` WALKER 0:55 AM
RECORDING REQUESTED BY `^p Auditor/Controller — Recorder VT
AND WHEN RECORDED MAIC_TO `
,<
� R Regular Dail
C Office 2002-03��Op08p
Name ce of the City Clerk 9 Titles: 1 Pages: 1
City of Redlands
Street Fees
Address P.0.Box 3005 Taxes
Other
City& Redlands,California 92373 PAID
State se.eg
J -
�WAUE ABOVE I HIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion. (See reverse side for Complete requirements.)
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- Municipal Utilities Department
3. The full address of the owner is P.O. Box 3005
Redlands CA 92373
4. The nature of the interest or estate of the owner is; In fee.
strike(I other then tee, ee and insert,lot exampie, puronaser under contractu r
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:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on .lune 1 9 2002 The work done was:
Grafton Reservoir Inlet Pipeline project
7. The name of the contractor,if any,for such work of improvement was: ARB Inc.
April 2002
no contractor or worka improvementas a whole,inserta aof Contract)
8. The property on which said work of improvement was completed is in the unincorporated area of Mentone
County of San Bernardino, State of California,and is described as follows: North of Fifth Avenue East of Crafton Avenue and
South of Third Street
9, The Street address of said property is None
no street address has been officially ass ne . se none
Dated: June 27. 2002
verification for Individual
Michael ool, roI ngineer
Signature of owner or corporate o icer or owner names in paragraph 2 or his agent
VERIFICATION
1, the undersigned, say: f am the Chief of Water Resources the declarant of the foregoing notice of completion; I have read
I'vresident 'Manager o. partner o ner o,etc,)
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 June 27 ,20 02 .at Redlands ,California.
(Date of signature) (City where signed,)
Dougl . Headrick, hie o Water Resources
(Personal46nature of the individual who is swearing that the contents of the notice of completion
are true,)