HomeMy WebLinkAboutContracts & Agreements_66-1998_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of January 19 99 . 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 Bakersfield
Well & Pump
a partnership consisting of
or an individual * gis ot
of the City, of--ZZAV-MOL."A County of State of
California, hereinafter9referrwed 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:
Drilling and construction of a Municipal water well, complete, all as required by the
Contract Documents and Specifications for the WELL NO. 39, Project No. 4-9980.
2. THE CONTRACT SUM: $ 289,364 in accordance with the terms and conditions set
forth in the Contract Documents.
3. TIME FOR COMPLETION: The work is to be completed within seventy (70) 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 $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 penal tv,
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
and Specifications and any addenda thereto.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
City of Redlands
(SEAL) (Owner
By: I o
Mayor, ity oTR-eV&K1sCon
of
San Bernardino, California
ATTEST:
Z�
0 TyC�6rk, Ciiy- lands
CoupXy of San B Mhdino, California
'AL)
el
A
Signature 0 U orized
Ti
Signature of Authorized Agent (if necessary)
Title
Contractor's License No.
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDN
02112/99n
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
DiBuduo & DeFendis Ins. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Lie.#0243420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O.Box 5479 COMPANIES AFFORDING COVERAGE
Fresno,CA 93755-5479
COMPANY
0243420 A CNA Insurance Companies
INSURED COMPANY
Zim Industries Inc. B Federal Insurance Company
Bakersfield Well & Pump Co.
COMPANY
4545 E. Lincoln C
Fresno, CA 93725
COMPANY
KLK D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY 1056763615 11/15/98 11/15/99 GENERAL AGGREGATE $ 2000,000
X .COMMERCIAL GENERAL LIABILITY I PRODUCTS-COMP/OP AGG $ 2.000 000
CLAIMS MADE Lx r OCCUR( PERSONAL&ADV INJURY $ 1 ow 000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 50,000
MED EXP(Any one person) $ 5,000
A AUTOMOBILE LIABILITY
X ANY AUTO 1056763629 11/15/98 11/15/99 COMBINED SINGLE LIMIT $ 1,000,000
ALL OWNED AUTOS i BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Peraccolent)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY;
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY (99)79725261EACH OCCURRENCE $ 4,000,000
X UMBRELLA FORM 11/15/98 1 U15/99 AGGREGATE $ 4000,000
OTHER THAN UMBRELLA FORM I$
A WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS`LIABILITY (98}1069024102 08/01/98 08/01/99 TORY LIMITS ER _
EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 100,000
PARTNERSlEXECUTIVE
OFFICERS ARE- = EXCL:= EL DISEASE-EA EMPLOYEE $ 1,000,000
A OTHER
Contractors 1056763615 11/15/98 11/15/99 $2,400,000 Special Form
Equipment $250.00 Deductible
DESCRIPTION OF OPERATIONSJLOCATIONS/YEHICLESISPECIAL ITEMS
Certificate holder is named as Additional Insured,per G17957C attached.
Project: Well No.39. Project No.4-9980.
CERTIFICATE HOLDER CANCELLATION:Ten Day Notice for Non-Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Redlands EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL sernBftK)RXXD MAIL
Municipal Utilities Dept.
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
35 Cajon Street,Suite 15A
Civic Center Plaza
Redlands CA 92373 �Ax x»c�e�txaa�ta�x�xx� x�xx.
AUTHORIZED
1 001011
ACORD 25-S(1195) o ACORD CORPORATION 198E
~ ~ Li-l /9b(+;
(Ed. 07/98)
CNA
Fo-^uvwc4=mt"Wn"You maw
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
�������������,� BLANKET �����������l U��������� E����o�����El�E�J��
~°��"" " " �n~� . ~°" " ~^ ~��~ ^~^^~~� ' ' '---' ' '-- - '— —INSURED
This endorsement modifies insurance provided under the hdkmwing
ClOWMERC|AlGENERAL LIAB|L|TYCOVERAGE PAR:T
\NH(] IS AN INSURED (Section 11) |samended to include included within the "products-comp\ebed operations
aaan 'insured any person ororganization (called additional hazard"
insured) vxhonn you are required to add as an additional 2. The Limits of Insurance applicable to the additional
insured onthis policy under insured are those speofiodinthe written contract nr
agreement or in the Declarations for this policy,
1, �vvd�anoonb�otnragrea«»�nt� «r whichever are less, These limits of Insurance are
2. An oru| contract or agreement where u certificate of included within and not in addition to the Limits of
insurance showing that person or organization as an Insurance shown iDthe Declarations.
addi�on�| insuredhoabeg»��ugd� buz 3. A puoaon.s or organization's status as an additional
the written ororal contract oragreement must be: insured under this endorsement ends when your
operaUonsfor that addUUona| insured are comp|eted.
�. Cu��n�ying�e�ur���ominge�eoUv� dur|ngthe
8snn of this policy;and The insuranoo provided to the additional insured does not
"
apply to "bodily \n/ury" "property damage", "personalb, Executed prior to the "bodily injury ' "PmPeMy injury', or "advertising
'|eing ini'—'ry" ahaing out of an architect's,
"personal injury", or^adve�iaingi»jury^ engineer's, or surveyor's rendering of or failure to render
The insurance provided 0othe additional insured is limited any professional services including:
as follows: 1. The pnapahng. appro�ng. or failing to prepare or
1. That person or organization is only an additional approve meps . drawings, opinions, reports, surveys,
insured w�h [eape�|o|iabi|hYarising out ot change nrders. design orspecifications; and
a. Premises you own, rent, lease, oroccupy; or 2. Supervisory, inspection, orengineering services.
bYour ongoing operations performed for Uhu� Any coverage provided hereunder shall be excess over
`
additional insured byorfor you. anyother�h valid and collectible insurance available to 'he
additional insured whether phrnery, excess, contingent or
Ths insurance provided #h� additional insured does on any other basis unless a written contract specifically
not apply to "bodily injury' or "property damage~ requires that this insurance be primary.
G-1 79-57-C Page1 of
5��
Recorded in Official Records, County of
San Berrardino, Larry Walker, Recorder
RECORDING REQUESTED BY No Fee
AND WHEN RECORDED MAIL.TO DOC No . 19990313743
F am 07/27/99
Name Office of the City Clerk
Street City of Redlands 205 20223787 02 04
Address PO.Box 3005 1 2 3 4 5 8 7 9 Q
C FEE APF GINIS PN CPY CRT GPY ADD Nii PEN PR POOR
City& Redlands,California 92373
State
L J 5
NDN ST LN SVY CIT CI) TRANS TAX DA CHRG EXAM
NOTICE OF COMPLETION PER GOVERNMENT CODE
SECTION6103
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,Q. Box 3005
Redlands CA 92373
4. The nature of the interest or estate of the owner is; In fee.
I other than fee,strike"n fee'and insert,for example. 'purchaser uncier 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 25 l..999 The work done was:
Well No. 39
7. The name of the contractor,if any,for such work of improvement was: Zim Industries dba Bakersfield Well and Pump
na con roc#or Tor worR a improvsmen as a w o e,mse none. Janus 29J999 (1751-5 of contractT-
8. The property on which said work of improvement was completed is in the city of Redlands
County of San Bernardino State of California,and is described as follows: Located on Iowa Street approximately 500 feet
South of the intersection of Iowa Street and Orange Avenue
9, The Street address of said property is None
no s#rse#a8drasa has can o icaa y assigns ,ins
Dated:_ July 20. 1999
err-�T=germ ror Mal C7w-rw
Elias Elhaztn, Project En
tneer
Signature of owner or corporate officer owner rtes tnParagraph2 or iris agent
VERIFICATION
(, the undersigned, say: i am the Municical UtilitieS Director the declarant of the foregoing notice of completion; I have read
I resp e49"'' a off"` per o?`'z�u—rer oi,
said notice of completion and knew 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 ti420 ,19 99 ,at Redlands ,California.
y e ssgne .}
X
Ga G. P IRs, Muri ip ti sties Director
(Per of s gnat e a indwdual who
are ta.) that the contents of the notice of completion
ru