HomeMy WebLinkAboutContracts & Agreements_264-2006_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 2t'day of November, 2006,by and between the City
organized and existing under the laws of the State of California,
of Redlands, a Municipal Corporation, or, I
hereinafter referred to as the"City,'' H and Contech Construction of the City of Woodland ills, County of
Los Angeles, State of California,hereinafter referred to as the"Contractor."
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as
follows:
furnish all materials and will perform all of the work to
1. Scope of Work. The Contractor will ith Disabilities Act Improvements project,
perform construction of Civic Center Americans w o. 243300-5190/43027.
complete, all as shown, specified, and made a part of Contract N
2. For the Contract Sum of$346,000.00, in accordance with the terms and conditions of the Contract
Documents.
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 the City pursuant to and Escrow Agreement.
3. Time for Completion. The work shall be completed within sixty(60)work 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 as set forth in the General Provisions 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 the liquidated
damage damages amount per day is the minimum and actualt:1e 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; Proposal and Bid Forms; Bid Bond;
Agreement; Performance and Payment Bonds; Standard Specifications and Standard Plans for Public
Works Construction; Contract Documents and Supplemental Specifications; all referenced
specifications; and any Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or
conditions of this contract the prevailing party shall, in addition to any costs and other relief, be
entitled to recovery of its reasonable attorney's fees.
7. Defense Obligation. The Contractor shall defend the City, its elected officials,officers, agents, and
employees from and against any and
all claims, losses,damages, and causes of action, including
ent act orglig
death,brought by any person or persons for or on account of any wrongful or negligent-
omission of the Contractor, its employees or agents in connection with the performance of the
Contractor's obligation under this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this
oloees, and agents as additional insureds. Any
contract shall name the City,its elected officials, em, -vrespect to the City and non-contributing,
insurance required under this contract shall be primary with res
to any insurance or self-insurance maintained by the City.
9. Resolution of Construction Claims. Claims made by thContractor in he amounof$375,000-00
or less shall be processed by the City pursuant to the proveisions of Part 3,tChapter 1t, Article 1.5 of
the Public Contracts code(commencing with Section 20104). All claims shallson
include the documents necessary to substantiae the clai . Nothing insubdivi (a)of the Public
Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements
provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201, if the Ciy receives a third party claim in relation to
this Contract,the City shall timely notify the Contractort. The City shalt be entitled to recover
reasonable costs incurred in providing the notification required by Public Contract Code section
9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by
ct Code Section 6109 and California Labor Code Sections 1777.1 and/or
California Public Contra debarred and are eligible to work on this project.
1777.7 and certify that they are not
it. Assignment of Agreement. No assignment by a party hereto of any rights or interesoughtsts undto be er this
agreement will be binding on another party without the written consent of the party
bound.
. The City and Contractor each binds itself, its partners, successors, assigns
12. successors and Assiggnsnts, agreements and obligations contained in the
and legal representatives in respect to all covena
contract documents.
13. 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 the City and Contractor.
14. Federal Labor Standards: This project is subject to Federal Labor ta
Sndards. A copy of Federal
Labor Standards Provisions(HUD) form 4010) is attached to this agreement,
IN`'FITNESS W HEREOF,the parties hereto have executed this Agreement in duplicate on the day and
year first written above.
9
A
CITY SEAL
By:
ayor,City of Redlands
County of San Bernardino,California
ATTEST:
i U
Citlerk,CitXV
ands
CountyofSanno,California
Contech Construction
Name of Contractor
9
By:
CONTRACTOR SEAL Signatur Q ,, z ge
a " fir
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
877573 B
Contractor's License No.
1
Bond No. BDC11546
THE FINAL PREMIUM IS Premium: $6,920-00
PREDICATED ON THE
FINAL CONTRACT PRICE
PERFORMANCE BOND
V;MREAS, the City Council of the City of Redlands, State of California(hereinafter designated as
designated as ,Principal")have entered into an agreement
,,City"), and Contech Construction(hereinafter design ublic improvements,which by said
agreement dated November 21, 2006, and identifi
whereby Principal agrees to install and complete ceLrtain designated P
ed as Contract No. 243300-5190/43027, is hereby
rcferrr ed to and made a part hereof; and
VMEREAS, under the terms of said agreement,Principal is required before entering upon the
work,to ftnmish a good and sufficient faithfd performance bond with the City.
performance of the work,
NOW,TEXREFORE, said Principal and the-undersigned as corporate surety, are held and firmly
bound unto the City in the sum Of Th_ree hundred fort v six thousand ch sum well and
dollars(S 000.00 ) for the payment of whi
ors,executors and administrators,jointly and
truly to be made,we bind ourselves, our heirs, success
severally, firmly by these prw CUTS-
a:, 12",,ncipal,his Or c-(--Cutors,
,,on
4iton of this obli-I -s t,,latifthealbo
Ile con'd I in all things stand to and abide by, and well and truly keep
administrators, successors or assigns,, slial in the said agreement and any alteration thereof
and perform the covenants, conditions, and provisions
made as therein provided, or his or her part,to be kept and performed at the time and in the roamer
therein specified and in all respect according to their true intent and meaning, and shall defend,
.s - officials,Officers, agents, and as therein
indemnify and save harmless the City, its elected id; otherwise it shall be and riman in full force
stipulated, then this obligation shall become null and void;
and effect, secured hereby and in addition the face amount specified therefor, there shall
As a part of the obligation es and fees,including attorney!5 fees incurred by the City in
be included costs and reasonable expens included in any judgement rcrldcred-
successfully enforcing such obligation,an to be taxed as costs and
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 teanyingthe
izations on this bond, aesereby waive notice of any such
same shall in anywise affect its obligations addition to the terms of the agreement or to the work or to the
change, extension of time, alteration or
specifications,
IN wnnsms WMREOFt this instrument has been duly executed by the Principal and surety named,
BDC11546
on avember 29
2006. Bond NO
(SEAL) Western insurance Compa
urety
Principal
By: Sim scan, At
to-
ey-in-Fact
Signature J Addres 0. Box 21030
Re o, L 15
–6
Telephone' LIL5--)—82-9-6-50--�
Ack=wledgmcnts of priwipai and Surety}
Bond No. BDC11546
Premium: See Performance Bond
PAYMENT BOND
ygEREAS, the City Council of the City of Redlands, State of Ca?ifornia (hereinafter desisted as
"Ci�ty'l,and Contech Construction install' a certain designated public designated 2, "?rincipal") ave enter:d
into an agreement whereby Principal agrees to instal and comp
improvements,which by said agreement dated Novemb r 21 46andd identified as Contract No.
243300-5190/43027,is hereby referred to and made p hereof;
WREREAS, under the,arms ol said agreement, Principal is required before enteringupon
bored with the City
performance of the work,tofurnierence�mad in Title�tS (commencinmaterials
g with Section 3082) of Part 4 of
to secure the claims to which
Division 3 of the Civil Code of the State of California.
N
OW,THEREFORE,said Principal and the undersigned as corporatesurety, are her persons held and e l y d in
y bound
unto the City and all contractors,subcontractors,laborers,matens d almen, Y
the performance of the aforesaid agreement and Yef�Sd to in the aaforesaid
Civil no/100
of the State of
p Three hundred fo y
California in the sum of ;for matenals: ::n s=ed ur Ivcor r eruct,of any��• �, or
dollars {S 00.00 said
for amounts due under the Unemployment Insurance mount hereiAct with n aboct oveuset forth, and also�intcase suit is
will pay the same in an amount not exceeding thea expenses and
brought upon this boards will pay, in additionto the curred b face�aemCo ty in uccessf�tlly enforcing ereof,costs and reasonable
h obligation,to
fees,including reasonable attorney, fees,Ln Yjudgement therein
be awarded and fixed by the court, and to be taxed as costs and to be included an the
rendered-
It is hereby expressly stipulated and agreed that this d Tiond lShall {commence g with Section 3082)ofe to the benefit of any and all ons,
companies and corporations entitled to file cleans un
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 aeon to the
or the
terms of the agreement.or to the work to be performed thereunder des herebyewa waive notice of anyas such the
same shell in agnosia affect its obligations on this band, an it
o the terms of the agreement or to the work or to the
change,extension of time,alteration or addition t
specifications.
IN WITIS QvMRC1F, this instrument y y has been dui executed b the Principal and surety named,
November 29 , 2006. Bond No
BDC11546
on
Wester insuran e ompa tEL)
Contech Construct' (SEAL) SuretY .
n
Prncipal � ;
By:
.g y J. i^pson, Attorney—In—Fa
Sigaature�_' ap ox 210�0
Adclrs :
Reno, NV 89515
(Notarial,tcloaowk411rzats o€Principal and SvrreccY)
Telephone: __ 829-6650
zw
N
G
k
State of Nevada
County of Washoe
On November 291 2006_______
_Amy J. Simpson______.
Personally appeared before me,
X who is personally known to me
-whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
to bethe signer of the above instrument, and he/she acknowledged that he/she
signed it.
....,.......--..,........................
'- DEBORAH Y.SNYDER
Notary Public-state of Nevada
pWnm*rAdnWa9W0XM € Notary Public
«.Noe 06103361,2 f Exphes January 26 2010.»,
My commission expires: January 26 2010
(Seal)
3
tihf
�Sr+;
Mw
°Y
v�: G
C 11546
WESTERN, INSURANCE COMPANY t
POWER OF ATTORNEY oration or-anized v n Y
KNOW ALL MEN BY THESE PRESENTS having
That WESTERN
principal r,INSURANCE
at the C t of,Reno A th.a corp tie ada,does hereby
existing under the taws at the State of've d
constitute and appoint
Dick L.Rottman,Bradley A.Pearce,Roger A.Hill,Janice LBowman,
R.Scott Rottman,Clovia L.Lehto,Amy J.Simpson,Melissa C.Mello
than
e is
firiore
s
Of the STATE OFNEVADA its tt�tae and lawful seal and aekrtowl�dszccany�and allch in nbond.eir �undcrtkmarate capacity tcontr contracts and othcr�u written
bone.
uaranteeing the
to sign its name as surety to,and to execute,nidelitv
instruments in the nature thereof on behalf oCtite C'omguaranteeing bonds my in tanci utuiertakingss business of jrequired or permitted m any7actions or proceedings
performance of contracts:.and executing or guara g
allowed by law,
Y has caused this instrument
In Witness Whereof..the said WESTERN TERN INSURANC i.COMPANto be sealed with its
corporate seal,duly attester{by the signatures ofits WESTERNelide SL RANnt and Cfi C)etarythis 1v Y' day of June,2006.
PAN d Sig �—
�PPOA
(Signed) ....................-......
(_ .,. )B y........ .................. . President
SEAL *a I
1994
OF
a
Sof rF 6F P£,T. _—
(Signed)By Secretary
S7.-LTL;OF NEVADA)
SS:
t ('0UNTY OF YY ASHOE)
On his 19°5 day of June,2006.before me personalty came DICK L.ROT ;lti PR th th tD N'T of the am personally RN
1 ROT t MAN'and CAROL B. 1tiGAL1,S were
INSURANCE C`O vIPANY"and CAROL B.INGALLS SECRETARY of said n �
acquainted,who being by me severally duly sworn
.said,that they.t,7e lar ,
respectively the PRL5117ENT and the SF?CRnTARat they e cul by th R*,
cal Ls or tion Ph he sat affixedtosard Powerescribed
which executed the foregoing Power of A
of Attorney was such corporate seat.that it was so attrs ., tla°`+ eR of r`' 3 J f11e ' u i d eorpurauon,and that they Signed
their Warnes thereto by like order as PRESIDLNT � tRl T
hty Commission expires the 31 st at I rich.201
........... "�, r H A,LETKN
cia A.I.etson '.votary Public
:..
Resolutions adopted by the Board of Directors
This Power of Attorney is granite Std by authority of the following
of the WESTERN INSURANCE COMPA on June 1).'006. business of the
RL;SOI..VLD,that in connection with
businesslitv signsuretv ed. xeicuted,and acknowledged byipersonrance or entities appormted
contracts and other instruments rc[atmg to said
as Attoniex'(s)-in-Fact pursuant ut a Power or Attornev
ecut inthc'sucii a nc andd in ronrbchalfhifthe these ornpanynerth rib the Chairman.or theneY an
on behalf of the Company may and shall b W
President,or a Vice President,Tointly with the Seeteeach oCthc 4regcns otary, ir er theil rc rs and the seatTire
1 the Company ma be affixed ab be
engraved.printed or lithographed. The signature of
'Wille to any Povvr of Attorney ar to any ceurposes only of executing
r ificate rel itm<g thein the naiuteponnit! icor randt,unless subsequently revoked and subject
facsimileCal s
and attesting bonds and undertakings acid other writings obligatory
to any limitations set forth therein,any such Power oower`sn extctuc BcertrneY Orrand c�ficate ntif>cd by such earing such afac.snmletsh maturerand facsimile seal tt e
valid and binding upon the C:'otnpany and any such p
shall be valid and binding upon the C'ornp xrt`F cthrespect shall haveitct {rbew d tandriauthority,unlessisubsequentl 1 revoked and.in any case,
e Compat
RESOLViy and to
ED,that Attoraey(s) nc'haIL of
subject to the terms and lirnitations of the Power of and undertakings,t nciAuorrieY Issue1ohcr writ ngs,to execute obl grit orytin he nature ither of,and any such
.
E attach the seat of the C orrrpat to any and ill bonds
w
f instrument executed by such Attormeyds) in Fact shall be as binding upon the C anap<rnv as if signed by an Executive Officer and .
is a
scaled and attested to by the Secretary of the C'ornpany.
i CAROL B,INGALLS.he enol Crc�tnpany`Vlas ad�ptRd by its Board of Directors n June 19,N INSU:R.ANCE(�OMPAN Y,do 12006 an`d that this foregoing
is
`. true:excerpt e oin the Resolution c)t
t f`Ieet
:_. I,ilio undo sitgnecl Secretary of the WESTERN'STERN t s Si.R:Y CLC(}viP•A+;Y do hereby cc
in full force and etit v that the tiarcgeing Power of
Attorney is i7�ttll torte and e`tect and h xs not been revoked
z in Tertnrterny `her�<f,l hay hcreo+,uo,et Inv rand:i rd the seat of"the��h.ShtR l SSURA xC E C/C)t1PANY on this i
is of006.
+* JNr +
A Secretary
N
WORKERS' COMPENS COMPENSATION INSURANCE CERTIFICATION
At
CIVIC CENTER AMERICANS WITH DISABILITIES ACT IMPROVEMENTS
CONTRACT No. 243300-5190/43027
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 Workers' 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)
Date
Contech Construction
Name of Contractor
V
By: I 'I
Signature AuthOriz- Agent
V,Z f-
Signatory's Title
877573,13
Contractor's License No.