HomeMy WebLinkAboutContracts & Agreements_132-2006_CCv0001.pdf 4
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AGREEMENT
IN
THIS AGREEMENT, made and entered into this 20th day of ,Tune , 20 Oq 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 WEKA, Inc. 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 the Capital Improvement Program Water Pipeline Master Plan and
replacement, complete all as required by the Contract Documents and Specifications for the
CAPITAL IMPROVEMENT PROGRAM WATER PIPELINE MASTER PLAN AND
REPLACEMENT PROJECT, Project No. 1-0722.
2. THE CONTRACT SUM: $ 3,825,213 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 three
hundred thirty (330)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 this Agreement
includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions
to Bidders, Proposals and Bid Form, Bid Bond, Agreement, Performance Bond, Labor and
Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and
Specifications and any addenda thereto.
CD 1
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 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 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 Contract Code Section 20104.2
shall extend the time 1 imit or s upersede the n otice requirements provided in this c ase f rom
filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: 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 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.
CD 2
F
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:
.Oor,City of Redlands, County of
ATTEST: SAn Bernardino,California
City Cork, City of 1�ds
County of San Be " arcno, California
(SEAL)
Name of Contractor
4
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Signature of Authorized Agent
Title
Signature of Authorized Agent (if necessary)
Title
2/ ,
Contractor's License No.
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CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
CAPITAL IMPROVEMENT PROGRAM WATER
PIPELINE MASTER PLAN AND REPLACEMENT
PROJECT, Project No. 1-0722.
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 1861)
Dated this /3' day of ,2006.
(Contracto
(Signature)
WC
(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.)
CD 4
PREMIUM 1S FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
BOND #736395P
PREMIUM: $38,219 PERFORMANCE BOND
BOND IS ISSUED IN THREE (3) COUNTERPARTS
Whereas, the City Council of the City of Redlands, State of California, and WEKA, 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 June 21 2006,
and identified as Construction of CAPITAL IMPROVEMENT PROGRAM WATER
PIPELINE MASTER PLAN AND REPLACEMENT PROJECT, Project No. 1-0722 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 andDEVELOPERS SURETY AND as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"), in the penal sum of THREE MILLION
EIGHT HUNDRED TWENTY—FIVE THOUSAND TWO *(2) Dollars ($3,825,213.00 ) 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 s uccessfully enforcing such obligation, a 11 t o be t axed as costs and included in any i 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 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
June 23 2006
(SEAL) (SEAL)
WEKA, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY
10—INCon
W -trtract, urety)
BY:
(Signature) (Signature) GALE DELO,
U ATTORNEY—IN—FACT
Address: FIVE CENTERPOINTE, SUITE 530
LAKE OSWEGO, OR 97035
(Seal and Notarial Acknowledgment of Telephone(800 )223-2451
Surety)
*(I) INDEMNITY COMPANY *(2) HUNDRED THIRTEEN AND NO/100
CD 5
--amimmni
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On June 23, 2006 before me Kathleen Ryan NotaaPublic
Personally appeared Gale Delo ---------------------------------------------
[X] personally known to me - OR preved to me on the basis of satisfaetefy evidenee
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
U SAN BERNARDINO COUNTY
KATHLEEN RYAN
COMM.+ 1363196 n
NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal.
-.
My Comm.Exp.Jufy 26,2006
zz
TIONAL —
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] CO onto A TE OFFICER
Performance Bond
Title(s) Title or Type of Document
[ ] P A D P4E C f ] LIMITED
[X] ATTORNEY-IN-FACT Number of Pages
C1 GU A RDIA-1 T/!`'ONSERV A TO
June 23, 2006
Date of Document
SIGNER IS REPRESENTING:
Developers Surety And Indemnily Company Weka Inc.
Signer(s) other than Named Above
a
_ BOND #736395P
PREMIUM IS INCLUDED IN
PERFORMANCE BOND LABOR AND MATERIAL BOND
BOND IS ISSUED IN THREE (3) COUNTERPARTS
Whereas, the City Council of the City of Redlands, State of California, and WEKA, 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 June 21 2006,
and identified as CAPITAL IMPROVEMENT PROGRAM WATER PIPELINE MASTER
PLAN AND REPLACEMENT PROJECT, Project No. 1-0722 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.
Nov, 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 THREE MILLION EIGHT HUNDRED TWENTY—FIVE *(1) Dollars ($3,825,213 ) 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, on
June 23 20 06
(SEAL) (SEAL)
WEKA. INC. DEVELOPERS SURETY //AND INDEMNTIY COMPANY
.,
-(Con
tr tC?T) ? (S ty)r
BY:
( ignature) ( (Signature) GALE DELO,
ATTORNEY—IN—FACT
Address: FIVES ENTERPOINTE SUITE 530
LAKE OSWEGO OR 97035
(Seal and Notarial Acknowledgment of Surety) Telephone( 800) 223-2451
*(1) THOUSAND TWO HUNDRED THIRTEEN AND NO/100
CD 6
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On June 23, 2006 before me Kathleen Ryan, Notary Public
Personally appeared Gale Delo ---------------------------------------------
[X] personally known to me OR pr-eved to me on the basis of safisfaetei!y evidenee
-
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
8,A 6 A A Q A which the person acted, executed the instrument.
KATHLEEN RYAN
SAN BERNARDINO COMM.; 1363196
IFORNIA
Ln WITNESS my hand and official seal.
NOTARY
Comm.Exp.July 26.2006
OPTIONAL
TIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] P;BIVIDUAL
l
CORPORATE TE OF-FIGS
L J Labor and Material Bond
Title(s) Title or Type of Document
[ ] v A U T TI;t?C ( ] LIMITED
1 lL[ ] 90, 1
[X] ATTORNEY-IN-FACT Number of Pages
[ ] C_rrARD AN4;Q tet;nN7ATnv
[ ] 0444ER: June 23, 2006
Date of Document
SIGNER IS REPRESENTING:
Developers Surety And Indemnity Company Weka Inc.
Signer(s) other than Named Above
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo,
jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and
all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the attomey(s)named ii in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts
of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such
Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect'to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and fNDETvfNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February;2005,
,00$.8.11...
By: o"'( ANI) ",- ? y
David H,Rhodes,Executive Vice-President "sow, /*I,-
.. 41
4i 4n, 4,
;- s
'te OCT .�A OOT.5 i Z - _'n
0
10 .0Z1967
UJ
By: SO' 1936 ��O
Walter A.Crowell,Secretary &IF0
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
On February 1,2005,before me,Nita G Hiffineyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved
to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal. - - - - - - - - - -
G.MFFUEYER
/�L E(XHJtPl1'
Signature
yi Jan.td 2Dt19
CERTIFICATE
The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate,
This Certificate is executed in the City of Irvine,California,the 23rdday of— June 2006
By
David L.Kerrigan,Executive Vice-President
ID-1380(Rev,2105)
Recorded In Official Records.County of San Bernardino 11/2112008
LARRY WALKER ` ° Pm
RECORDING REQUESTED BYAxArxr, Auditor/Controller — Recorder
AND WHEN RECORDED MAIL.TO
C Priority Mail
F Doc#: 2008-0524786 Titles: 1 Pages: 1
Name office of the City Clerk !� I l I Fees 0.00
City of Redlands �? }}I 1 I 'axes 0.gra
Street
0.00
Address P,0. Box 3005 I i � �! i � � I �� � � ± PAID� $0.00
City& Redlands,California 92373
State
L
FEB l50T REQUIRED
P --,+ SPACE ABOVE THIS LINE FOR RECORDER'S USE
SEr''ivi 5,1 e03 NOTICE OF COMPLETION
Notice pursuant to Civil Cade 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.
(If other than fee,strike"In tee"and insert,for example,"purchaser under contract of purchase,"er 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 November 3 2008. The work done was:
Capital Improvement Program Water Pipeline Master Plan and Replacement Project, Project No. 1-0722
7. The name of the contractor,if any,for such work of improvement was: W EKA Inc.
July 19, 2 06
(if no contractor for work of improvement as a whole,insert'nori {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: Capri Ave. from Opal Ave. to Agate Ave., Opal Ave. from Capri Ave. to North
Terminus, Beryl Ave. from Florence to Mentone Blvd. and from Brighton to Capri, Florence Ave.from Turquoise to
Olivine Ave., Olivine from Florence to Naples, Pioneer Ave. from 210 freeway to Texas St., Tourmaline Ave. from
Mentone Blvd. to Capri Ave., Turquoise Ave. from Florence Ave. to Naples, Mariposa Dr. from Country Club Dr. to
Country Club Dr., Alabama St. from Industrial Park to Redlands Blvd., Garden Hill Dr., Ward Way, Verde Vista
Dr., Pennsylvania Ave. from Church St. to 600 feet west of Church St., Texas St. from San Bernardino Ave. to
Baldwin Ave., Pioneer Ave. from Webster to Orange St., Palm Ave. from Bermuda Dr. to 10 freeway, Stuart Ave.
from Eureka to Texas St. Bond St. from Olive to Fern Ave. Grove St, from Colton Ave. to Brocton Ave Buena
Vista St, from Olive Ave. to Cypress Ave., Pennsylvania Ave. from Orange St. to Clay Chestnut Ave Cul-de-sac
9. The Street address of said property is None
Dated: November 1 8 i if no street address has been officially assigned,insert"none".)
2 200
Verification for Individual wrier
RUDY VCTORIO,Prolec anager
Signature of owner or corporate officer of owner names in paragraph 2 or his agent
VERIFICATION
the undersigned,say:1 am the Municipal Utilities & Engineering Director the declarant of the foregoing notice of completion; I
("President et',"Manager cf."A partner of•*,"Qwner o"',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.
Executed on November 12,20 08 at Redlands ,California.
;Gate Cf sicr?at'rej (City where sign>eJ)
Municipaltt Ie
Engineering Director
(Personal signature of the mdm
Engineering
who is swearing that the contents of the notice of
completion are true.)