HomeMy WebLinkAboutContracts & Agreements_269-2006_CCv0001.pdf AGREEMENT
THIS AGREEMENT, trade and entered into this 5'"day or December,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 America West Landscape fne.,of the City of Bellflower, County
of Los Angeles,State of California,-hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
I. Scope of Work. The contractor will furnish all materials and will perform all of the work to perform
construction of the Sports Park Landscaping Project,complete,all as shown,specified,and made a part
of Contract No. 240300-7256/47105.
2. For the Contract Sum of$1,524,865.81.in accordance with the terms and conditions of the Contract
Documents.
Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit
securities with an Escrow Agent as a subs lute for retention of earnings requirement to be withheld by
the City pursuant to and Escrow At-
, rata
3. Time for Completion. All design work shall be completed W-ithin one hundred and thirty(1 30)work
days frown and after the date of the Notice to Proceed.
4. Liquidated Damages.Failure ofthe Contractor to com-plete,the work writhin the time allowed,will result
in damages being sustained by the,City. Such damages are,and will continue to be.impracticable and
extrerneiv diffi
9- Resolution of Construction Claims. Claims made bY the COqtractor in the amount of 5375,000.00 or
less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article L5 of the
Public Contracts code(corranencing with Section 20104). All claims shall
be in writing and include the
documents necessary to substantiate the claim. Nothing Insubdivision(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 920 1,if the City receives a third party claim in relation to this
Contract, theCity 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 ContractCode Section 6109 and California LaborCode 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 withoutthe 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 deerned stricken,and all re-mining provisions shall continue to be valid
and binding upon the City and Contractor,
Z71
CD16
IN WFIALSS WIII�IIEOF,the patties hereto have executed this Agmeement in duplicate on the day and
year first written above,
C I TY SEA L
By:
actor,City of Redlands
County of San Bernardino,California
ATTEST:
C�ity�-
X"I
NaMe Of Contractor !\ Af
CON'TRACTOR SEAL By:
Si-gnahjr-Of Authorized Agent
Sinator-�*�Title
Signature of Authorized Agent ff neressar,Y)
Signatory's Title (if necessary)
--7
Contractor's License No.
CD17
WORKERS' COMPENSATIO N INSURANCE CERTIFICATION
SPORTS PARK LANDSCAPING
CONTRACT No. 2403100-7256/47105
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 w)11 comply with such provisions before commencing the performance of the work of this
contract. (Labor Code Section 18 1)
Date
A
Name of Contractor
U,
By: k
Lure of Authorized
Agew
Signatory's Title
c—,—e:),I — !? ) � �
Contractor's License No.
CM8
BOND NO: 6369990
PREMIUM: $18,749.00
PIK"ORMANCE BOND PREMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
A'HEREA-S, the City Council of the City of Redlands,State of California(heremaner aesignaieu,as u iry).
and America West Landscape, Inc.(fteireinafter designated as Mricipal) have entered inw an� agreernmt
whereby Principal agrees to install and complete certain designated public improvements, which by said
agreement dated Novomber-2 1,2006,wid identified as Contract No.240300-72156/47105,is hereby refined
to and made a pan hereof. and
WHEREAS, under the terms of said aW=ment,Principal is required before entering upon the perforinance
of the work, to furnish a good and sufficient faithful performance bond with the City.
NOW, THEREFORE, said Mnc* al acid the under-signed as corporate surety,are field and firmly bound
unto the City in the sum of,CNE W10IN1 FM RN�RM Z#M FSR TH�L&M, EIGHT q=) I dollars
Q
($1,524,86-5.81 -1 ror 4;e wyrmlilmoo-t 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 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 his 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,officem,agents,and employees,as therein stipulattA- then this obligation shall
become null and void; otherwise it shall be and remain in full forue and effect.
As a part ofthe 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.
Te 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 sWc-ifications accompanying the same
shall I in any-wise affect its obligations on this borki, 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 WYFNESS WHEREOF, this instrument has been duly executed by the Principal and surety named,
on DEME 15 2006. Bond No. 6369990
AMERICA WEST LANDSCAPEt INC. (SEA 1,) FIRST NATIONAL INSURANCE COMPANY OF AMERICA
(SEAL)
Principal surety
By2z:� € 1'0
By:
Signature siJX,1_7 L. MILLM- , ATIG;TFZ-1N-FACT
Address: 120 1&aDjQ2:L
... 111-9 #1;9, CA 926506
(NotrifirJ Aakncw4)mdsgncn1t of Prituipai and sooty) Telephone: C2j9__) 860-6612
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Aftm
State of California
ss.
County of San Bernardino
On December 15, 2006 before me, Pamela McCarthy, Notary Public
Name and Title of Officer(e.g.,"Jane Doe,Notary Publiel
Personally appeared Janet L. Miller
Name(s)of Signer(s)
I@ personally known to me
O proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
PAMELA MCCARTHY within instrument and acknowledged to me that she
g . COMm.# 1659202 z executed the same in her authorized capacity,
Z N(yfARY Q�raLlc-CALW< IAU and that by her signature on the instrument the
SAN BgRNARDINO COUNTY
My Comm.Expires Apel 30,20 0 person, or the
executedntity upon the instrument.If of which the person
acted
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
0 Corporate Officer RT THUMBPRINT
Title OFSIGNER
O Partner — 0 Limited 0 General Top of thumb here
0 Attomey-in-Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of-Lon, Aq A �,o S On before me,
Date Name ancl TlHe of Officer(e.g., ane Doe,Notary Pubic")
personally appeared
Name(s)or Signer(s)
,
%;personally known to me
L:1 (or proved to me on the basis of satisfactory evidence)
to be the rson whose name
iWt��oKy Pe (s} (�)is/ar,6 subscribed to the
Comms#t within instrument and acknowledged to me that
4" �y KWIC-CaiMorryo �{ he/skQAhg4_executed the same in his/he eir authorized
,�a"ge1°s�y capacity(i9t), and that by his/her�eir signature(, on the
ft Dec 9,200 instrument the person(; or the entity upon behalf of
which the person(,') acted, executed the instrument.
WITNESS my *Signatu
cial seal.
Place Notary Seal Above
oNotary Public
OPTIONAL
Though the information below is not required by law, 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
G Individual E.] Individual
❑ Corporate Officer — Title(s): l Corporate Officer — Title(s):
Cl Partner — r Limited [7 General :.:J Partner — C:] Limited ❑ General
Attorney in Fact •I * M
::1 Attorne in Fact * µ
=:i Trustee Top o4 thumb here Trustee Top of thumb here
Guardian or Conservator
Guardian or Conservator
Other:
L-J Other:
Signer Is Representing: Signer Is Representing:
Ccs 2006 National Notary Association-9350 De Soto Ave. P d.Boz 2402 Chatsworth,CA 91313-2462 Item No,5967 Weortler:Calf Tolt-Free 1-800-876-6827
BOND NO: 6369990
PREMIUM INCLUDED IN
PAYMENTROND PERFORMANCE BOND
WHEREAS,the City Council ofthe City afR-edlands,State of California(hereinafter designated as"City"),
and —NUUCA WM LANCSOPE (hereinafter designated as "Principal") have entered into an
agreetrient whereby Principal agrees to install and coaWlete certain designated public improvements,which
by said agreement dated November 21,2006,and identified as Contract No.240300-7256/47105, is hereby
referred to and made a Part hereof;and
WHEREAS, Under the terms ofsaid agreement,Principal is required before entering upon the performance
of the work to furnish a good and sufficient labor and material 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,THEREFOM said Principal and the undersigned as corporate surety,are hold and firmly bound
unto the City and al I contractors,MAXxodractors,laborers,materialmen,and any other persons employed in
the performance of thea* 'd t and referred to in the aforesaid Civil Code of the State of
California in the sum of
($1,524,865.81 Val ' FIVEK �U
- 5MY EaR MIENUI EM RN�RM dollars
-)for nzateriahs furnished or labor therron of any land,or for amounts
due under the Unemployment hmnance Act with respect to such work or labor,that said surety wi I I 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 rendere.(L
tt 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 1-5(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 tin-w,alteration or addition to the terms
of the agreement or to the work to be performed theremider 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 fine,alteration or addition to the,terms of the agreement or to the work or to the specifications.
IN WITNESS VMEREOF, this instrument has been duly executed by the Principal and surety named,
on DECEMBER 15 - N 2006. Ekmd No. 6369990
AMERICA WEST LFM§CAPE, INC. _(SEAL) FIRST NATIONAL INSURNACE COMPANY (SEAL)
s AMERICA
• Z";J
BY:
Signature
Addrcss-. xre AN ILLER, ATTORNEY-IN-FACT
!Materia!Acknowledgmags of Pdocipli and Stirety) T01CPhOne-. (-A-SU 860-6612
CD20
CALIFORNXA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
SS.
County of San Bernardino
On December 15, 2006 before me, Pamela McCarthy, Notary Public
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Personally appeared Janet L. Miller
Names)of Signer(s)
0 personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
PAMELA MCCARTHY executed the same in her authorized capacity,
COMM.# 1659202 z and that by her signature on the instrument the
NOTaaru
SAN BERNARDINO COUNTY person, or the entity upon behalf of which the person
My Comm.Expires April 30,2010 acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title 7Top
0 Partner — O Limited 0 General 7herme
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer is Representing:
POWER
Safeco Insurance Companies
OF ATTORNEY
` PO Box 34526
Seattle,WA 98124-1526
No. 9081
KNOW ALL BY THESE PRESENTS;
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
}}t}}t}}t}}tttt}}t•t}}}JAY P.FREEMAN,PAMELA MCCART IY;JANET L.MILLER;KELLY A.SAITMAN;Ontario,Callfornlat}}}}!}}}}}}}}ttatttt}tt
its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
I such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 8th day of Junc 2005
STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
'Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
'On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(io A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iir) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1,Stephanie Daley-Watson,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws
and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,t have hereunto set my hand and affixed the facsimile seal of said corporation
this 15TH day of DECEMBER , 2006
`�SoR4t��♦�
.SEAL ��cr - Qfd
*, 1928
♦ e STEPHANIE DALEY-WATSON,SECRETARY
S-1049/DF 4/05 Safeco and the Safeco 6W are registered tradernarla of Safeco Corporation.
MB PDF
a f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of..j
On 2 oto before me, oUyta -4 f`r
I Name a d Title of utf,cer(e.gf,"Jane Doe.Nota uWic"}
personally appeared _ j e .�, n
Names)of Signer(8)
,
impersonally known to me
C J (or proved to me on the basis of satisfactory evidence)
to be the person(o whose name( is/Wb subscribed to the
' + within instrument and acknowledged to me that
�,R� Cc he/shelthe executed the same in his/hen'lheir authorized
Loa Arm CoWr capacity(ieA), and that by his/hei*heir signature(.) on the
LeoYCorrxn. PNes p�q � instrument the person($), or the entity upon behalf of
which the person(f) acted, executed the instrument.
WITNESS my ha d a official seal.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual [:I Individual
EJ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
11 Partner — 1.1 Limited f..::_l General ❑ Partner — E.1 Limited Ci General
E Attorney in Fact q'• ❑Attorney in Fact pmluamlc
f thumb Top of here
E] Trustee C:i Trustee Top of thumb here
f-I Guardian or Conservator rj Guardian or Conservator
Other: 7 Other:
Signer Is Representing: Signer Is Representing:
2006 Natianai Notary Association•9350 De Soto Ave.,P.6.Box 2402•Chatsworth,CA 91313-2402 Item No.5967 Reorder Call Toll-Free 1-800-876-6827
Recorded in Official Records,County of San Bernardino 10/2412007
LARRY WALKER 11:27 AM
EM
R,�lr r".AXR:0k Auditor/Controller — Recorder
R Regular Mail
RECORDING REQUESTED BY;
AND WHEN RECORDED MAIL TO: Doc#:' 2007—0598140 Titles: 1 Pages: 1
Fees 0.00
CITY CLERK I 1 Taxes 0.00
CITY OF REDLANDS �, ) i PAID 50.00
35 CAJON STREET
P.O. BOX 3005
REDLANDS, CA 92373
y NOT R QUIRE€} SPACE ABOVE THIS LINE FOR RECORDER'S USE
3OVERNMENT CODE
SECTION 61.03 NOTICE OF COMPLETION
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, 2007
The work done was: Redlands Sports Park Sports Landscaping
7. The name of the contractor for such work of improvement was America Fest Landscape,Inc. 12328 Woodruff
Ave., Downey, CA 90241; Contractor's License No. 615395; and Date of Contract was January 17, 2007
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: Redlands Sports Park
9. The street address of said property is 1790 N. Dearborn Street, Redlands, CA 92374
Dated: October 12, 2007 ,1
Capital Projects Manage
Public Works Department,Ci of Rediands
VERIFICATION
1, the undersigned,say I am the Assistant 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 22, 2007, at Redlands, California. gym, r
Public Works Director
Public Works Department,City of Redlands