HomeMy WebLinkAboutContracts & Agreements_23-2003_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/12/2003
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RECORDING REQUESTED BY A
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AND WHEN RECORDED MAIL TO M""` `"'ft Auditor/Controller — Recorder
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Name Office of the city clerk Doc#: 2003—0394585 Titles: Pages: 1
City of Redlands
Fees 0.00
Street
Address Id.0.Sox 3005 Taxes 0.00
Other 0.00
City& Redlands,California 92373 PAID $0.00
State
NOTICE OF COMPLETION PER GOVERNMENT CODE
gCTION 6103
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 than
I. 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,
ur other than tee,s n e in tee'and insert,for exampie, 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 June 4 2003 The work done was:
MUD Loft Remodel Proiect, Proiect No. 1-0365
7. The name of the contractor,if any,for such work of improvement was: Hinkley and Associates, Inc.
(if 918 2
no contractor or worko improvementas a whole,rose none Februa 003 a e on rac
& 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: 35 Cation Street, Suite 15A, Redlands
9, The Street address of said property is 35 Caion Street Suite 15A Redlands
nos res a tees as sen o icia y gne rose none.
Dated: June 10 2003
eri ICa IOn or Inaiviaual
s^
Michael K. Pool, Project Engineer
Signature of owner or corporate officer of owner names in paragraph 2 or his agent
VERIFICATION
k, the undersigned, say: f am the Chief of Water Resources the declarant of the foregoing notice of completion; I have read
res n oManager o partner o wner o,etc.I
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 10 20 03,at Redlands ,California.
Date of signature) (City where signed.)
Dougl eadrick, hie of Water Resources
{Personal nature of the individual who is swearing that the contents of the notice of completion:
are true.}
Agreement - California Street Landfill - On motion of Councilmember Peppler,
seconded by Councilmember Harrison, the City Council unanimously approved
an agreement with Janechek and Associates to furnish landfill gas engineering
services for the California Street Landfill.
Bear Valley Mutual Water Company - Due to a potential conflict of interest,
Councilmember Gilbreath did not participate in this matter; a Public Disclosure
of Potential Conflict of Interest form is on file in the City Clerk's Office. On
motion of Councilmember George, seconded by Councilmember Peppler, the
City Council approved the purchase of 54 shares of Bear Valley Mutual water
Company stock from Randy Maas for a total price of $6,750.00 with
Councilmember Gilbreath abstaininc, from the vote.
Contract Award - MUD Office Remodel - Bids were opened and publicly
declared on January 30, 2003, by the City Clerk for the Municipal Utilities
Department Loft Remodel Project 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 Hinkley and
Associates, Inc. in the amount of $79,780.00, and it would be in the best
interest of the City that this contract be awarded to said firm. On motion
of Councilmember Peppler, seconded by Councilmember Harrison, the
City Council unanimously approved this recommendation and authorized
staff to approve costs up to ten percent (10%) over the total bid amount,
and authorized the Mayor and City Clerk to execute the construction
contract on behalf of the City.
Funds - Grant Award - Family Services Unit - On motion of Councilmember
Peppler, seconded by Councilmember Harrison, the City Council unanimously
authorized the Mayor to accept the Governor's Office of Criminal Justice
Planning Grant award of$64,000.00 to maintain a Community Service Officer
serving in the Family Services Unit of the Police Department and authorized an
additional appropriation to fund the position.
Funds - Contract Award - Community Center Gymnasium - On motion of
Councilmember Peppler, seconded by Councilmember Harrison, the City
Council unanimously approved an additional appropriation in the amount of
$33,160.00 from the State Proposition 1-1 Grant fund for repairs and upgrades to
the Community Center gymnasium and awarded the contract for said project to
Tornark Sports, Inc. and authorized the Mayor and City Clerk to execute the
document on behalf of the City.
A.greement - Frederick Demke - On motion of Councilmember Peppler,
seconded by Councilmember Harrison, the City Council unanimously approved
an independent contractor agreement with Frederick Dem ke to develop and
conduct computer literacy classes for the City's Recreation Bureau and
February 18,2003
Page 4
Z,
AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of February , 20 03 , 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 a partnership consisting of
Hinkley and Associates of the City of Redlands , 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 perform all of the work
for the following:
Construction of Co-Generation Facility, complete all as required by the Contract Documents
and Specifications for the MUD LOFT REMODEL Project No. 1-0365.
2. THE CONTRACT SUM: $ 79,780 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 5500 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;Notice Inviting Bids, Instructions to Bidders, Proposals and Bid Form,
Bid Bond, Agreement, Faithful 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 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
Mayor, City of Redlands,County of
San Bernardino, California
ATTEST:
i
City C rk, City ofds
County of San Berner 'no, California (SEAL)
t. .
Name of Contractor
By:
Si re of Autho d Agent
1
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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