HomeMy WebLinkAboutContracts & Agreements_162-2009_CCv0001.pdf RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name Office of the City Clerk
City of Redlands
Street
Address P 0 Box 3005
City& Redlands,California 92373
State
FEES NOT REQUIRED
PER GOVERNMENT CODE
11UN b1UJ SPACE AH VE_TI tic;I INF 1'014 WCORDE[i's 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 & Engineering 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
f If other than fee strike"In fee"and irlson fix example 'Pufairtser 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 May 24, 2010. The work done was
Reservoir Recoatinq and Improvements Project Sand Canyon Reservoir Project No. 1-1070
7 The name of the contractor,if any. for such work of improvement was Paso Robles Tank, Inc..November.7S_2U0_T_
(if no mitractor 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 unincorporated area of County of San Bernardino, State of
California.and is described as follows Sand Canyon Reservoir Site
9 The Street address of said property is 11711 Sand Canyon Road. Yucaipa
{if no street address has been officiaily assigned insert*none"f
Dated May 26, 2010
Ve,fication for Individual Owner
XaSstrn Alzarrmnat dJL5ct an ger
`9?Qyfsf,9 e of owner rxW officmv of owner names in paragraph 2 ex his agent
VERIFICATION
I the undersigned,say I am the Municipal Utilities & Engineering Director the declarant of the foregoing notice of completion, I
(i,i,es,dontor, managwor, AIxt(Ineror' 'Owner of etc)
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
4�1
Executed
xecutedon, -May 26, 20,1Q, at Redlands California
9A I
tunic
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rIgineering�Director
AGREEMENT
THIS AGREEMENT, made and entered into this 21'` day of October, 2009, 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 Paso Robles Tank, Inc. of the City of Hemet,
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:
I- SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work
for the following:
Construction of the certain designated public improvements project, complete, as required by
the Contract Documents and Specifications for: RESERVOIR RECOATING AND
IMPROVEMENTS PROJECT SAND CANYON RESERVOIR, Project No. 1-1070.
2. THE CONTRACT SUM: $522,200.00 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.
3. TIME FOR COMPLETION: The work under this Contract is to be completed within ninety
(90)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$1000 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 $1000 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 InvitingBids, Instructions to
Agreement,Bidders, Proposal, Bid Bond, Ag
, Performance Bond, Labor and Material Bond, Plans,
General Conditions, Special Conditions, Special Provisions and Specifications and any
addenda thereto.
6. ATTOWNIEYS' 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.
Cts 1
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount
of $375,000 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 Contract's 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 CONTRACTORISUBCONTRACTOR: Contractor and any
subcontractors agree to abide by California Public Contract 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 bindingon another party without the written consent of
the party sought to be bound. n
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)
By. +'
Ma , r, City o dlands,` Aty f
S Bernardino, California
ATTEST:
Cir , erk, Citye ands
County of San Bernar ino, California (SEAL)
Name of Cort actor
i
By.
Signature of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
* .j` �
Contractor's License No.
CD
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities& Engineering Department
RESERVOIR RECOATING AND IMPROVEMENTS
PROJECT SAND CANYON RESERVOIR, Project
No. 1-1070
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 I will comply with such provisions before commencing the performance of
the work of this contract. (Labor Code section 186 1)
Dated this day of 1009.
ontractor)
(Si re)
(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.)
CD4
TfiE FINAL PREMIUM 13
This bond was issued in two (2) identical counterparts, KWICATED ON THE
FINAL CONTRACT PRICE
Bond No. 8904897
Premium: $3,829.00
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands, State of California, and Paso Robles Tank, Inc.
(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated October 21", 2009,
and identified as RESERVOIR RECOATING AND IMPROVEMENTS PROJECT SAND
CANYON RESERVOIR, Project No. 1-1070 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
performance of said project.
Now,therefore, said Principal and Fidelity and Deposit Company of Maryland , as surety, are held
firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of Five Hundred
Twentv Two Thousand Two Hundred ($522,200.00) lawful money of the United States, forthepayment
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, shah 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 attomey's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in anyi'udgment
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 on this bond, and it does hereby waive notice of a such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof, this instrument has been duly executed by the Principal and surety above rained, on
October 27th, 2009.
(SEAL) (SEAL),
Paso R9,bles Tank, Inc. Fidelity and Deposit CQmpany of Maryland
(Contract
BY:
(Signature) (�*ftUre) Arturo Ayala,
Attorney-in-Fact
Address: sc."I V. Brand Blvd., Penthouse Suite
Glendale, CA 91203
(Sea] and Notarial Acknowledgment of Telephone( e--,8 ) 500-4700
Surety)
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange }
On 10/27/09 before me, Daniel Huckabay, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Arturo Ayala
Name(s)of Signer(s)
who 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 acknowledged to me that he/she/they
may" executed the same in his/her/their authorized capacity(ies),
Dap iEL Nur KABAY and that by his/her/their signature(s) on the instrument the
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C G Mr° #1796314 person(s), or the entity upon behalf of which the person(s)
,r,Yuoiic California `�
��RAvcE,�uNTY acted, executed the instrument.
�n MY Ctamm.Expires Apt.24,2012
certify under PENALTY OF PERJURY under the laws of
the State of Californi regoing paragraph is true
and correct.
Witness my d and official I.
Signature
Place Notary Seal Above Signature of Nota blic
OPTIONAL
Though the information below is not required by law, it may prove valuable t 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: 10/27/09 Number of Pages: One
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name:Arturo Ayala Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
19 Attorney in Fact ❑ Attorney in Fact 1i n7thumbhere
❑ Trustee ❑ Trustee
❑ Guardian or Conservator 7Topofumb here ❑ Guardian or Conservator Top of
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary,org Item 45907 Reorder Call Toll-Free 7.800-876-6827
7M FOUL PREMK N!0
This bond was issued in two (2) identical counterparts. FA AIM ONri
T'�
rOL ,rC
11!
CON1C1 F
Bond No. 8904897
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Paso Robles Tanks. Inc.
(hereinafter designated as"Principal") have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which said agreement, dated October 21', 2009,
and identified as RESERVOIR RECOATING AND IMPROVEMENTS PROJECT SAND
CANYON RESERVOIR, Project No. 1-1070 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 persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the sum of Five Hundred Twenty Two Thousand Two Hundre Dollars ($522,200.00) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to 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
amount thereof, costs and 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 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.
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 time, alteration or addition to the
terms of said agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, of�
October 27th 2009.
E
(SEAL) (SEAL)
Paso Rqbtyss Tank, Inc. Fidelity and Deposit Camnanv of Maryland
(Contra r
BY:
(Signature) ( ' re) Aturo Ayala,
Attorney-in-Fact
Address:801 N. Brand Blvd., Penthouse Suite
Glendale, CA 91203
(Sea)and Notarial Acknowledgment of Surety) Telephone( 818 ) 500-4700
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On 10/27/09 before me, Daniel Huckabay, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Arturo Ayala
Name(s)of Signer(s)
who 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 acknowledged to me that he/she/they
DANIEL HUCKABAr executed the same in his/her/their authorized capacity(ies),
CON #1796314 M
and that by his/her/their signature(s) on the instrument the
I No<<,y o!;c Cafltorma 'rl person(s), or the entity upon behalf of which the person(s)
ORAN(,r COUNTY LL acted, executed the instrument.
%t)Comm-Expires Apr,24,2012
certify under PENALTY OF PERJURY under the laws of
the State of Cali tfie fo ing paragraph is true
and correct.
Witness my hand d official se
Signature
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: Labor and Material Bond
Document Date: 10/27/09 Number of Pages: One
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name:Arturo Ayala Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
C� Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee !Top
ElGuardian or Conservator Top of thumb here ElGuardian or Conservator 7thumbhere
❑ Other: ❑ Other:
Signer Is Representing: Signer is Representing:
0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402-www.NationaiNotary.org Item#5907 Reorder:Cafi ToN-Free t-806-876-6827
Bond No. 8904897
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and ERIC D. BARNES,Assistant
Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said y,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint Daniel HUCKABAY and Arturo AYALA,bot rn* H its true and lawful
0
agent and Attorney-in-Fact,to make,execute,seal and de vliv t act and deed: any
and all bonds and undertakings,and the executi ce of these presents,shall be as
binding upon said Company,as fully an 1 s i ey had been duly executed and
acknowledged by the regularl ce in Baltimore,Md.,in their own proper persons.
The said Assistant set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- It ow in force.
.21
IN WITNESS e said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of July,A.D.
2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Eric D. Barnes Assistant Secretary Theodore G. Martinez
State of Maryland ss:
City of Baltimore I
On this 19th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant
Setretary 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 Company
aforessaid, 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.
Maria D.A damski Notary Public
My Commission Expires: July 8,2011
POA-F 012-0079A
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board,or the President,or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
1,the undersigned,Assi3tant..Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do fit Cher certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attomey-in-Fact as provided in Article V1, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, 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."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 27th day of October 2009
Assistant Sec,.iory