HomeMy WebLinkAboutContracts & Agreements_138-2005_CCv0001.pdf - 6i,
AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of July 2005, by and between
the City of Redlands, a Municipal Corporation, organized and existing under the law=s of the State of
California, hereinafter referred to as the "City,., and DenBoer Engineering and Construction, Inc. of
the City of Palm Springs, County of Riverside, 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:
Construction of the digester modification project, complete, as required by the Contract
Documents and Specifications for: DIGESTER MODIFICATION PROJECT AT
WATER RECLAMATION FACILITY, Project No. 2-0619.
2. THE CONTRACT SUM: $5j.-3000 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 the Public Contract Code Section 22300. tn
3. TIME FOR COMPLETION: The work under this Contract is to be completed within one
hundred and sixty-five (165) 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 the 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 documents, under the Agreement,
include all of the 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.
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6. ATTORNEYS' FEES: In the event any legal action is commence
terms or conditions of the contract documents, the prevailing part in suchact'aorce or interpret the
any costs and other relief, shall be entitled to recover its reasonab e attorneys'Giron, in addition to
}s fees.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor- i
n the
of $375,000 or less shall be made by Contractor and processed by the City pursuant r oothe
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
substantiate the claim. Nothing in subdivision (a) of Public Contracts Code Sectione20 Q4t2
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
subcontractors agree to abide by California Public Contract Code Secti any
Labor Code sections 1777.1 and/or 1777on 6109, and California
.7, and certify that they are not debarred a
eligible work on this project, and are
o
9. ASSIGNMENT OF AGREEINIENT: No assignment by a party hereto of any lights
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.
I . SEVERABILITY: Any provision or pain 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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PREMIUM $6,733.00
BOND NOe 6359957
PERFORMANCE 13OND
EXECUTED IN DUPLICATE
E %#aereas, the City Council of the City of Redlands, State of California, and DenBoor Ernineerz and
Construction Tnc. (hereinafter designated as "Principal") have entered into a agrrcc :ent whereby
Principal agrees to modify digester appurtenances at the Water Reclarnation Facilit which
agreement, dated 2005and identified as T3JlOE , said
IFICAT
PROJECT AT WATER �CLAI�`)I�ITION 'FACILITY, Project No. 2-0619O
by referred
to and made a part hereof; and.
Whereas, said ,Principal is required under the terms of said agreement t
performance of said project, o furnish a bond for the
Now,therefore, said Principal and SAFECO INSURANCE COMPANY OF AMERICA
firmly bound unto the City of'Redlands (hereinafter call "City") in the penal stun ofFIVEyHU;��DRED
1LURTEEIN THOUSAND Dollars (��51____3 p00J lawful money of the Uni
which surn well and truly to ted States, for the payment of
be made, we bind ourselves, aur heirs, successors, executors and
administrators, 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 bis 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 of cials, officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and retrain 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 b th
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 affcet its obligations on this bond, and it does hereby
specifications. waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to tile
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
JULY 12 2005
DENBi=U&E
NC SAFECO INSURANCE C MP
VY OF AMERICASBAE�
gure
BX:
nature) :.` .
MICHAE D. STONC ATTORNEY IN CT
Address: 4850 ARLINGTON AVE. ,#B
(Seal and Nlrotarial Acknowledgment of
Surety) TelephRIVERSIDE, CA 9250+
one(951 343-0382
CD 5
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
y - ,ti_,rc�crc�,ercrct�r.�rer
State of California
County of RIVERSIDE ss.
On JUL 12 2085,
before me, R. CISNEROS
Date Name and Title of Officer e s
( 9 "Jane Doe,Notary Public")
personally appeared MICHAEL D. STONG
Names)of Signers)
® personally known to me
O proved to me on the basis of satisfactory
evidence
R.CISNEROS
_ COMM. #14$8731 to be the
°NOTARY PUBLIC-CALIFORNIA , persona'f'whose name�,a is/ ?�
s
RIVERSIDE COUNTY subscribed to the within instrument and
M Comm.Ex fires June 7,2008 acknowledged to me that he/she/they executed
the same in his/lin authorized
capacity(4s�, and that by his/t i+&,W
signature(,s-ron the instrument the person( 'or
the entity upon behalf of which the person(,4
acted, executed the instrument.
WITNESS my hand and official seal. r
Place Notary Seal Above
Signature of Notary Public
ryry OPTIONAL
rl Though the information below is not required by law, it may
ns relying on the
and could prevent fraudulent removal and reattachment of this form te to oanotherdocument 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
Signer's Name:
❑ Individual ="
❑ Corporate Officer—Title(s): Top of thumb here
11Partner—ElLimited ❑ General
0 Attorney in Fact
ED Trustee
❑ Guardian or Conservator
Other:
' I f�
Signer Is Representing:
®1999 National Notary ASAM aao,-9350 De Soto Am,P.O.Box 2402•Chats orm,CA 91313-2402-www_nafionalnotary.org Prod.No.5907 Reorder Ca11 Toll-Free I-800-6766827
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BOND NO
LABOR AND MATERIAL J30ND
EXECUTED � ��l T l cap
Whereas, the City CotuIcil of the City of Redlands, State of California, and DetlB ger fn ingqering and
construction, In.cy (hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to "nodify digester appurtenances at the Yater Reclamation Facili which said
agreement dated 2005, and identified. as DIGESTER MODIFICATION
PROJECT AT WATER RECLAI A"TION FACILITY, Project No. 2-0619 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, material men and other personsemploved
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil
the sum of FIVE HUNDR,PD THIRTEEN THOTTSAND Dollars 0Procedure in
513.000} for materials furnished or
or arnounts due under the Utlentploymcnt insurance Act with respect to
labor thereon of any kind, or f
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 alnount thereof,
costs arid 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 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 tinder 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$)tall be and remain in frill force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of said agrecmcnt or the specifications accompanying the same shall in any manner affect its
obligations oil this bond, and it docs hereby waive notice of any such change, exteltsiott of tithe, alteration
or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
JULY 12' 20 05
DENBOEK NG EEK G AND N TRUCTIOSEAL)
SAFECO I SUKANVPANY OF AMEKICA ko'Contr tBY.(Signtttur MICHAE D. Sare}�TTORNEY IN FACT
Address: 4850 ARLINGTON AVE. , #B
(Seal and Notarial Acknowledsinent ofS€tret RIVERSIDE, �
y) Telephone(951 } 343-0382
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of RIVERSIDE ss. �
On IjUL 1 2 2005 before me, R. CISNEROS
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Personally appeared MICHAEL D. STONG
Names)of Signers) '
C personally known to me
❑ proved to me on the basis of satisfactory
R.CISNEROS evidence
a COMM. #1488731 '
cc NOTARY PUBLIC CALIFORN{A to be the person whose namen is/i
RIVERSIDE COUNTY
N Comm.Ex ires June 7,2008 subscribed to the within instrument and
acknowledged to me that he/she/they executed �>
the same in his/h-&F� authorized
capacity(i_�, and that by his/hsf44e4
signature(s,'on the instrument the person,K, or ?�
the entity upon behalf of which the person(,a'J
acted, executed the instrument.
WITNESS my hand and official seal
Place Notary Seal Above Signature of Notary Public
i�
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
Signer's Name:
C IndividualSit
❑ Corporate Officer—Title(s): Top of Ine
f] Partner—❑ Limited ❑ General
❑ Attorney in Fact
C Trustee
El Guardian or Conservator
i
L_ Other. —
Signer Is Representing:
®1399 National Notary Association•9350 De Sato Ave.,PA_Boz 2402•Chatsworth,CA 91313-2462•www_natianalrrotaryorg Prod_No,5907 Reorder Call Toll-Free 1-800-876-6827
. '
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���'��0����� ��
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IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING TERRORISM RISK INSURANCE ACT OF 2002
| Asasurety bond customer ofone of the SAFECOinsurance uompanies (SAFE«COInsurancgCompany of
America, General insurance Company ofAmerica, First National Insurance ConP�nK American Stt83In
SW
panc8ComV8nyUrA08dCaOEc0nOmy |Osun3nCe "Omp8nW'' itiSour duty tV notifyy0V that the Terrorism RiskIn3»ranc8ActOf20O2 extends to "surety iOSuramCe"' This means that under certain circumstances wemay
b
eeUgib|HfOrrR/nburS80eOtOfCert3iDSVretvbODU |n3sBSbyth8Unit8dSt teSgOwSrnm8OtuOder@f0rnV|a8xtab|ishedbvthi6Act.
Under this formula, the United States government pays 90% oflosses caused by
certified acts ofterrorism that
excoeUastatuto,i/yestabUoheddeductiNetobepoidbvthainsuranc» company providing the bond, The Act establishes a $100 billion cap for the total of all losses to be
po/dbvoU insurers for oe��ed 8ota of
1ermr/sm. Losses onsome ornUofyour bonds may besutjSc�tothis �`
. cop,
This notice does not modify any ofthe existing terms and conditions ofany bonds issued for your acoourtth
underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or o` e
gene/oUyapplicable rules nf|ovv. oy
At this time there /s no premium change to any of your bonds resulting from this Act.
Dated: February 24, 2003
S A F E C Cog POWER SAFECO INSURANCE COMPANY OF AMERICA
r OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
KNOW ALL BY THESE PRESENTS: No. 6966
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
D.STONQ ROSEMARY CISNEROS;SHAWN BLUME,SUSAN C.MONTEON;Riverside,
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 30th
day of June 2004
4� 4 �c
CHRISTINE MEAD,SECRETARY
MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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
authority to execute on behalf of the company fidelity and surety bonds and other documen s of individuals milar chtaracter issued by theorneys-in-fact or companyin the course of its
business... On any instrument making or evidencingsuch appointment, appropriate titles with
res may be
ffixed by
or on any bond or undertaking of the company, the seal, or facsimile thereof,umay be mparessed or affixed)or fe. in any yother umanner reproduced;ment gprovtided,
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 SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of to Company setting out,
(i? The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney 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."
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations,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,I have hereunto set my hand and affixed the facsimile seal of said corporation
this
day of
E CD�p�f
SEAL MW
SEAL
1953 is y
CHRISTINE MEAD,SECRETARY
S-0974f5AEF 2101
El A'e5§stered trademark of SAFECO Corporation
06130720074 PDF
v
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
ne
(SEAL)
City of Redlands
(Owner)
By:
ay , City of Redland4, County of
ATTEST: San ernardino, California
City erk, City o' �c11yds
County of San Be ar rcl'no, California S
( EAL)
DENVER ENGINEERING & CONSTRUCTION, INC.
4575 E. CAMINO PAROCEI.A
PALM SPRINGS,CA 92264
760 327-
Nam of Contactor X
By:
7
Signature of, rize Agent
Title
i
Signature of Au prized Agent(if necessary)
Title
Contractor's License No.
CD 3
v
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
DIGESTER MODIFICATION PROJECT AT WATER
RECLAMATION FACILITY
Project No. 2-0619
Labor Code Section 3700,provides, in 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 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 1 will comply with such provisions before commencing the
performance of the work of this contract. (Labor Code section 1861)
Dated this NJ day of 20 DENSOER ENGINEERING & 'CONSTRUCTION. INC.
4575 E. CAINO PAROCELA
PALM SPRINGS, CA 02264
(7K "206
(C tractoi
(Signature)
(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.)
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RECORDING REQUESTED BY Recorded In Otttcial Records, County of San Bernardino 3/21/2007
AND WHEN RECORDED MAIL TO
LARRY WALKER 2:54 PM
MP
Auditor/Controller – Recorder
R Regular Mail
Name Office of the City Clerk
Street city of Redlands Dock 2007—0177924 Titles: 1 Pages: 1
Address P.O. Box 3005 Fees 0.00
Taxes 0.00
City& Redlands,California 92373 Other 0.00
State PAID 10.00
FEES NOT REQUIRED
PER GOVERNMENT 1200F
SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil rode Section 3053, 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.
(if other than fee,strike"In fee"and insert,for example,"purchaser under contract of purchase,"or lessee")
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 March 16, 2007. The work done was:
Digester Modification Project at Water Reclamation Facility, Project No.-2-0619
7. The name of the contractor, if any,for such work of improvement was:
DenBoer Engineering and Construction Inc uy
(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
County of San Bernardino. State of California,and is described as follows: The CitV of Redlands Water Reclamation Facili
9. The Street address of said property is 1,950 Nevada Street Redlands CA 92374
(If no street address has peen officially assigned„insert'none".)
Dated: March 20 2007
Verif�caticn for Individual Owner 1
WEN BIU'11 rojec� nager
Signature of owner or corporate officer ofu er names in paragraph 2 or his agent
VERIFICATION
1,the undersigned,say: I am the Municipal Utilities Director the declarant of the foregoing notice of completion; I have read
("President of',"Manager of',"A partner of',"owner of,at }
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.
A
Executed on March 20 ,20 07 ,at Redlands ,California. Y i
Data or signature) 'Cil where signed}
t Y'
unlcipa ls irector
Persona signature of`' Ind€_dual;,vhc is sweard tie
hat the contents of the nc€?ce of
�:omplet,cn,are true.;