HomeMy WebLinkAboutContracts & Agreements_148-2002_CCv0001.pdf Recorded in Official Records,County of San Bernardino 1211112002
RECORDING REQUESTED BY LARRY WALKER 5:00 PM
ice m k BGJ
AND WHEN RECORDED MAIL TO s�_ �;QAuditor/Controller — Recorder
R Regular Mail
Name Office of the City Clerk
City of Redlands Dock 2002—0675198 Titles: 1 Pages: 1
Street Fees 0.00
Address P.0.Box 3405
Taxes 0.00
City& Redlands,California 92373 other 0.00
State PAID $0.00
NOTICE OF COMPLETION PER GOVERNNIENT CODE
SECTION O103
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is heref)yr oiveri 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.
other than tee,strike n ee an rose , or examp e, pure aser un er con rac o pure ase, or essee
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 December.1 2002 The work done was:
Recycled Water Transmission Main Project-Phase 1 Project No 2-0339
7. The name of the contractor,if any,for such work of improvement was: Albert W. Davies, Inc.
September 3 2002
(If no contractor for work of improvement as a whole,Insert"none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the incorporated area of Redlands
Countyof San Bernardino.State of California,and is described as follows:Marigold Avenue and Palmetto Avenue from Marigold
Avenue to California Street
9, The Street address of said property is None
no sree,a areas as een o a y ass'gnea, ser ne.
Dated: December 10 2002
en Ica ion or n iv, oar mer
onnng sect ngiineer
Signature er or c Pa.. e offic o ,,er.-a-ws in paragraph 2 or his agena
VERIFICATION
1, the undersigned, say: I am the Chief of Water Resources the declarant of the foregoing notice of completion; I have read
( re i en c anager o pa ner o , wner o.e c,
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 December 10 20 02 ,at Redlands ,California.
(Date of s gnavure) (City where signed.1
A
t
olt- a, ea FIC le o ater esources
{Personals Hato e o{the incivsdua!carie is sweanng that the content,of the n Mice of c=„rr#eti-on
are true.)
perform training, design and construction of modifications to the Henry Tate
Water Treatment Plant and authorized the Mayor and City Clerk to execute the
document on behalf of the City.
Agreement - Wastewater Treatment Plant - On motion of Councilmember
Gilbreath, seconded by Councilmember Harrison, the City Council unanimously
approved an engineering services agreement with Carollo Engineers for the
design of additional drying beds at the City's wastewater treatment plant and
authorized the Mayor and City Clerk to execute the document on behalf of the
City.
Contract Award - Reeveled Water Transmission Main Project - Bids were
opened and publicly declared on August 22, 2002, by the City Clerk for the
Recycled Water Transmission Main Project - Marigold Avenue and
Palmetto Avenue, a bid opening report is on file in the Office of the City
Clerk. It was the recommendation of the Municipal Utilities Department
that the responsible bidder submitting the bid for said project which will
result in the lowest cost for the City, was Albert W. Davies, Inc. in the
amount of$505,300.00, and it would be in the best interest of the Citv that
this contract be awarded to said firm. On motion of Councilmember
Gilbreath, seconded by Councilmember Harrison, the City Council
unanimously approved this recommendation, authorized the Mayor and
City Clerk to execute the document on behalf of the City, and authorized
staff to approve costs up to ten percent(10%) over the bid amount.
Contract - Janitorial Service - Police Facilities - On motion of Councilmember
Gilbreath, seconded by Councilmember Harrison, the City Council unanimously
approved a janitorial contract with Custom Service Systems for janitorial
service for all police facilities and authorized the Mayor and City Clerk to
execute the document on behalf of the City.
Subordination Agreement - Downtown Police Substation - On motion of
Councilmember Gilbreath, seconded by Councilmember Harrison, the City
Council unanimously approved a subordination, attortiment and non-
disturbance/estoppel agreement with Kiwi Associates, LLC/OSA and
Associates 2. LLC, property managers for the Orange Street Place, for the
downtown police substation and authorized the Mayor and City Clerk to execute
the document on behalf of the City,
Funds - Citizen Volunteer Patrol - On motion of Councilmember Gilbreath,
seconded by Councilmember Harrison, the City Council unanimously
authorized an additional appropriation of $9,725.00 to purchase radios for the
Citizen Volunteer Patrol (CVP) unit; funds will be transferred from the CVP
donation account to the police budget.
Resolution No. 6065 - Police Department Fees - On motion of Councilmember
Gilbreath, seconded by Councilmember Harrison, the City Council unanimously
September 3, 2002
Page 4
AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of September , 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 Albert W.
Davies, Incorporated of the City of Rancho Cucamonga , County of San Bernardino ,
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 perforin all of
the work for the following:
Project to install a recycled water transmission main at Marigold Avenue and Palmetto
Avenue from Marigold Avenue to California Street, complete in place all as required by
the Contract Documents and Specifications for the RECYCLED WATER
TRANSMISSION MAIN PROJECT, MARIGOLD AVENUE AND
PALMETTO AVENUE FROM MARIGOLD AVENUE TO CALIFORNIA
STREET,Project No. 2-0339
2. THE CONTRACT SUM: $ 505,300 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
forty-five (45)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.
CD
5. CONTRACT DOCUMENTS: The complete contract includes all of the contract
documents set forth herein, to wit; Agreement, Faithful Performance Bond, Labor and
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.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
City of Redlands
(SEAL) (Owner�
Bv:
Karl N. (Kaley)Haws, Mayor
City of Redlands
County of San Bernardino, California
ATTEST:
City rk,City o '�)nds
County of San Bernardino,California (SEAL)
-A W , D ov ic 51 -YV-1
Name of Contractor Af
Signature of Authorized Agent
t
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
RECYCLED WATER TRANSMISSION MAIN,
MARIGOLD AVENUE AND PALINMETTO AVENUE
FROM MARIGOLD AVENUE TO CALIFORNIA STREET
Project No.: 2-0339
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 I day of 2002. .
Dov,C:5
(Contractpf�
(Signature)
V ce— irtt
(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
EXECUTED IN DUPLICATE BOND NO.: 8492606
PERFORMANCE BOND PREMIUM : $4,873.00
Whereas,the City Council of the City of Redlands. State of California, and
ALBERT W. DAVIES, INC. (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�ENUE AND PALMETTO AVENUE
FROM MARIGOLD AVENUE TO CALIFORNIA STREET, Project No. 2-0339 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
faithful performance of said project.
FIDELITY AND DEPOSIT
Now,therefore, said Principal and COMPANY OF MARYLAND as surety, are
held firmly bound unto the City of Redlands (hereinafter call "City"),in the penal sum of FfVE
HUNDRED FIVE THOUSAND, THREE HUNDREDDollars(1505,300.00**** ) 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 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 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 terms of the agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in any-wise 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 onto the specifications.
In witness whereof, this instrument has been duly executed by the Principal and surety above
named,on SEPTEMBER 11 _,)002
(SEAL) FIDELITY AND DEPOSIT (SEAl-)
ALBERT W. DAVIES, INC. COMPANY OF MARYLAND
Co ctor) (Surety)
BY:(Signature) -
,a
DWIGHT REI
LY, A RNtY-IN-FACT
Address: 60 EAST NINTH STREET
UPLAND CA 91786
(Seal and Notarial Acknowledgment of Telephone(909 ) 920-5811
Surety) ----------
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of San Bernardino
on SEPT. 11, 2002 before me, CLAUDETTE N. MARTIN, NOTARY_I?U$LI
Date Noma and iilia of Officer(e.g..'Jane Doe.Notary Public-)
personally appeared DWIGHT REILLY --------------------------------
NBfT}e{3j 4t SlgttCt{31 ,
X4 personally known to me
I_I proved to me on the basis of satisfactory
evidence �,,
to be the personN) whose narnei�t) is/Att
subscribed to the within Instrument and
.< aR acknowledged to me that hel fit4f executed
w kms, UD �E-
rr Mthe same in htsllKAROW authorized �
N r
_4 X 45 8 capacity(*]K), and that by his/}�6XI
-, SAS hm,, - signature(.) on the Instrument the person O, or
the entity upon behalf of which the person(X)
acted, executed the instrument. �1
WITNESS my hand and official seat.
{• P)ace Nolary Seal Above Sfgnalure of Notary u6--��8c
CLAUDETTE N. MARTIN
OPTIONAL
i. Though the information below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: PERFORMANCE BOND
Document Date:
SEPTEMBER 11, 2002 1
Number of Pages:
Signer(s) Other Than Named Above: NONE
{ Capacity(fes) Claimed by SI ner
Signer's Name: DWIGHT RELY --------------------- ---
C Individual Top of floarib h"n
E i Corporate Officer—Tit#e(s): .------------
Partner—L-1 Limited I-I General
pq Attorney in Fact
• Trustee
Q Guardian or Conservator
Q Other:
Signer Is representing.
FIDELITY AND DEPOSIT COMPANY
tie;. _ .__ _ - - L`Z;` ,`` `-�.�`�"' '"GL'•"`�'�:,`�>` `�'z>Lc �-,e`:�i:�`;`+�.LYS:t'��z�>;L`:<`;�_zirZ;t�,�'
0 1997 National Notary Asaodailon-9350 De Solo Ave„RG Box 2402 r Chatsworth.CA 91313-2402 Prod.No 5907 rtemder Call Tollfreo 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
corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary.
in pursuance of authority granted by Article V1, 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 Upland, Cali 'ia, its tru d awful a
/>' ggent and Attorney-in-Fact, to make,
execute, sea] 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 pja`nce of th cents.shall be as binding upon said Company.as
,to all intents and purposes,fully and amply. as if t
—,d been -'ecuted and acknowledged by the regularly elected
4o
officers of the Company at its office in Balth <�d in their proper persons. This power of attorney revokes that
issued on behalf of Dwight REILLY.dated V, :�:,i 9�'5
9�
The said Assistant Secretary does here 4tify that'I, xtract set forth on the reverse side hereof is a true copy of
Article VI, Section 2,of the By
-Laws of ompany --nis now in force.
'
IN WITNESS WHEREOF, the sai e-Pr id A�-=Y
An Assistant Secretary have hereunto subscribed their names and
s
affixed the Corporate Seal of tlu;4FIDELE D DEPOSIT COMPANY OF MARYLAND, this 15th day of
October,A.D. 1998.
0ATTEST: FIDEL14 AND OSIT COMPANY OF MARYLAND
SEAL
By:
T E Smith '-�,4ssistant Secretary W B. Walbrecher Vice-President
State of Maryland ss:
Couniv 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 Com I pany
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.
My Cominissi ` Expires: August 1,?flC}Q
L141-8-012-87,98