HomeMy WebLinkAboutContracts & Agreements_106-2002_CCv0001.pdf Recorded in Official Records. County of San Bernardino 10/0212002
LARRY WALKER 11:23 AM
SR
�s,xeAa Auditor/Controller — Recorder
RECORDING REQUE:STCD BY R Regular Dail
AND WHEN RECORDED MAIL TO
Dock 2002—0522794 Tales: 1 Pages: 1
I Fees 0,00
Name Office of the City Clerk Taxes 0.00
Street City of Redlands other 0.00
Address P.O.Box 3005 PAID $0.00
City& Redlands,California 92373
State
LbPACE AB
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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 Department
3. The full address of the owner is P.O. Bax 3005
Redlands CA 92373
4. The nature of the interest or estate of the owner is; In fee.
{ r n ee,s n e nee n ins o examp pur ser un r on ra o
pure ase, or lessea'-)
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 September 16, 2002 The work done was:
San Jacinto Street Watermain Replacement Proiect Project No 1-0337
7. The name of the contractor,if any,for such work of improvement was:Trenching by Davis Inc.
Jul 2 2002
no con rac or or wor o i nprovemen as a w o e,mse none. a e 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: San Jacinto Street, from Palm Avenue to Highland
Avenue
9. The Street address of said property is None
no s ree a Less as een o icra y assign ,,n n e
Dated_ �e temper 18, 2002 ,
T rf cafion,o 7 v ouar owner r
s
Michael K. Pool, roject Engineer
Signature of owner or corporate officer of owner:aures in paragraph 2 or his agent
VERIFICATION
i, the undersigned, say: I am the Chief of Water Resources the declarant of the foregoing notice of completion; i have read
resr enc anager o. pa ner o wner a,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 September 18 20 02 ,at Redlands , California.
(Date of signature) (City where signed.)
r
r £
z f £'
Doug: s D. Headrick, Chief of Water Resources
are true)srgnature of the individual who is swearing that the contents of the notice of completion
are true.
AGREEMENT
THIS AGREEMENT,made and entered into this 2nd day of July_,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 Trenching By Davis, Inc. of the
City of San Bernardino. 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:
Installation of pipeline as required by the Contract Documents and Specifications for
the SAN JACINTO STREET WATERMAIN REPLACEMENT PROJECT,
Project No. 1-0337.
2. THE CONTRACT SUM: $ 23,000 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
14 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 5500
for each consecutive calendar day in excess of the specified time for completion of
Fork.
Execution of the Contract shall constitute agreement by the City and Contractor that
$544 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-, Agreement, Faithful Performance Bond, Labor and
Material Bond, Plans, General Conditions, 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
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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:
Karl N. (Kaley)Haws,Mayor
City of Redlands
County of San Bernardino, California
ATTEST:
Cityrk,City of 1 nds
County of San Bernar ino, California (SEAL)
Name of Contra
By: r fes_
Signature of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
SAN JACINTO STREET WATERMAIN REPLACEMENT
PROJECT
Project No. 1-0337
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-day of_,20
(Contractor)
(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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PERFORMANCE BOND
Whereas,the City Council of the City of Redlands, State of California, and
(hereinafter designated as "Principal")
have entered into an agreement whereby Principal agrees to demolish designated wastewater
facilities,which said agreement,dated-1 20_, and identified as SAN
JACINTO STREET WATERMAIN REPLACEMENT PROJECT, Project No. 1-0337 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.
Now,therefore, said Principal and as surety, are
held firmly bound unto the City of Redlands(hereinafter call "City"), in the penal sum of_
-Dollars($ ) 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 anywise affect its obligations on this bond, and it does herebv
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 witness -whereof, this instrument has been duly executed by the Principal and surety above
named, on 20
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgment of Telephone
Surety)
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