HomeMy WebLinkAboutContracts & Agreements_30-2000_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this
—21" day of March , 20 0 , 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 DDH Apple Vallev
onstructic n Inc
a partnership consisting of
or an individual trading as
of the City of Apple-Y-4-11ey 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:
L SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the
work for the following:
Construction of water transmission mains, complete in place all as specified in the Contract
Documents (Drawings and Specifications), and made a part of Project No. 4-0020.
2. THE CONTRACT SUM: $516.530.77 in accordance with the terms and conditions set
forth in the Contract Documents.
3. TIME FOR COMPLETION: All the work under this Contract to be completed within one
hundred (100) working days from and after the date of the Notice to Proceed. All work in Iowa
Street to be completed within thirty (30) working days from and after the date of the Notice to
Proceed.
4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the times
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 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, Proposals and Bid Form,
Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond, Plans and
Specifications and any addenda thereto.
CD I
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: `
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
Ci to , City of
Coun of San Bern , California
(SEAL)
lt> '6. T WN )
Name of Con for l
By:
Siig� `n.,,ae df Authorized Agent
Title
Signature of Authorized Agent (if necessary)
Title
6. ?005
Contractor's License No.
CD 2
Issued in two original counterparts Bond#5995103
PERFORMANCE BOND Premium$8,668.00
Whereas,the City Council of the City of Redlands,State of California,and DDH Apple Valley
Construction,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.�h 2�1 �, 20-20_, and identified as NEVADA STREET, PARK AVENUE,
ALABAMA, STREET, CENTER STREET, & IOWA STREET WATER TRANSMISSION
MAINS,Project No."020 is hereby referred to and made a put hereof;and
Wherem,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 First National Insurance Co.of America as suret
y,are held
firmlyboxvWWatotbe-CiLy of Redtands(hereinafter call-City"),in the perW sum of five hundred sixteen thousand,
h
ei,g
t hundred thirty dollars&77/00 Ilars(S 516,830.77 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 trine intent and meaning,and shall defend,indemnify and
save harmless the City, its elected officials, offlqers, 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 ficts, including reasonable attorney's fees incuri-cd 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, afteration 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
March 30, OU
(SEAL) (SEAL)
DDH Apple Val �ons ction,Inc. First Nation"5urance Co.of America
KContractor)
urety)
Matth C.We0,'§ffNR4 in Fact
Ad :22677 N. Main St.,#600
Ana,
Ca 9?
_7
vtaAna,Ca92705
.,/'Telephone( 714 437-3044
CD 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.590*
State of Califarnia
County of RIVERSIDE
On March 30,2000 before me, VERONICA L.PRATT,NOTARY PUBLIC $
DATE NAME,TMX OF OFFICER-F-G..*JANE DOE,NOTARY Pt1BLIC•
personally appeared MATTHEW C. WELTY
NA {s)OF SIGNER(s)
❑ personally known to ms-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
Mose name(s) N/bre subscribed to the within Instrument and
ackrKWedged to me that helshelthey executed the same in
his/her/their authorized capacity(les), and that by hishrerAheir
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the Instrument.
WITNESS'my hand and offlcial seal.
sIGNATURE Of NOTARY
OPTIONAL
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
T AS)
❑ PARTNER(S) LIMITED
GENERAL.
❑
ATTORNEY-IN-FACT
TRUSTEE(S)
❑ GUARDIANICONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING. DATE OF DOCUMENT
NAM OF PERSON(S)OR BMTYPES)
SIGNER(S)OTHER THAN NAMED ABOVE
3 40671GEU W7 01943 NATIONAL NOTARY ASSOCIATION•VW Remmet Ave.,P.O.Boot 7154•Canoga Park,CA 91309-71 a4
Bond#5995103
Issued in two original counterparts Premium included
]LABOR AND MATERIAL BOND
Whereas,the City Council Of the City of Redlands,State of California,and DDH Apple Valley Construction,Inc.
--_-__(hereinaftcr designated as "Principal-) have entered into an
agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement,dated-LEch 21 204 and identified as NEVADA STREET,PARK
AVENUE, ALABAMA, STREET, CENTER STREET & IOWA STREET, WATER
TRANSMISSION MAINS,Project No.4-MU is hereby referred to and made a pan 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 Put 4 of Division 3 of the Civil
Code of the State of California.
Novv,tberefom said Principal and the undersigned as corporate surety, are held firmly bound unto the
City of Redlands and all contractors,subcontractors, laborers,materialmen 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* pollars,(S 516,830.77 .)for materials furnished of
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 iii the judgment therein rendered.
* five hundred sixteen thousand,eight hundred thirty dollars and 77/00
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 agm-cracrit 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
March 30. �2020L.
(SEAL) (SEAL)
DDH Apple
,,)(alley, truction,Inc. First Natipnal Insurance-Co)of America
rntractor)
urety
e
2677 N
Wft'o'WePin Fact
{Signature) Z_--�44atihe 7. )Afelt�'
Z'>OtA b L'(5 00
A .2677 N. Main St.,#600
S Ana,Ca 92705
(Sol"d NOW"Ad=V-ft*=W°"' }
A SwVlyj /!elephone( 714 437-3044
CD 5
TOTAL P.08
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No.sso•
State of California
County of RIVERSIDE
On March 30,2000 before me, VERONICA L.PRATT,NOTARY PEMLIC ,
DATE NAME,TITIZ OF OFMCER-F-M.*JANE DOE,NOTARY PUSUC'
personally appeared MATTHEW C. WELTY ,
NAMe(S)OF SIGNER(S)
Q personally Wvm to me-OR• Q proved to me on the basis of satisfactory evidence to be the person(s)
Mose name(s) istare subscribed to the within instrument and
acknowledged to me that hefsheAhey executed the same in
his/her/their authorized capacity(les), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS hand and official seaj--
Y � r
SIGNATURE OF NOTARY
OPTIONAL.
Though the data below is not required by taw, 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
Q INDIVIDUAL
Q CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITIAS)
Q PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
(� OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAM Ort PERSOWS)OR EFrMQZS)
SIGNER(S)OTHER THAN NAMED ABOVE
$ 4087tGEV 8t97 01993 NATIONAL.NOTARY ASSOCIATION•8235 Remmet Ave.,P.Q.Bou 7184•Canoga Pork,CA 91309-7134
POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
OF ATTORNEY SEATTLE,WASHINGTON 98105
4333 Brooklvn Avenue N.E.
Seattle,WA 98105 No. 9762
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
C.WELTY; Corona,
its true and lawful attorney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 28th day of September 1999
k). 4XO�Mko
R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation
this 3oth day of Mareh
Qfpo
L
19 2 a
R.A.PIERSON,SECRETARY
S-1049/FNEF 7/98
09/29/1999 PDF
... 03/30/2000-
.r ... ..:.<S..e >..-::..,...:..Y`.-..?;,iy ,�;+�cn...\i�:'t>':�::-:.... .,k�. :'C�:-:�- 9�'�i�-i• ..�.�.'� ;
1>: rt\rD .; � � DATEIM�DD/YYl
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
CALBOND SURETY INSURANCE AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
400 S. RAMONA SUITE 205 _COMPANIES AFFORDING COVERAGE
CORONA, CA 91719 COMPANY
(909) 371-8147 FAX (909) 371-2027 A ROYAL SURPLUS INSURANCE CO.
•INSURED COMPANY
DDH APPLE VALLEY CONSTRUCTION, B GOLDEN EAGLE INSURANCE CORP.
INC. COMPANY
9312 DEEP CREEK ROAD C RLI INSURANCE CO.
APPLE VALLEY, CA 92308 COMPANY
(760)247-4810 FAX (760)247-8684 D
r7.
j..
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.
COTYpE RISURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ULTS
LTR DATE(MMfDDJYYI DATE IMVDD"Y
GENERAL LIABILITY GENERAL AGGREGATE s2, 000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPOP AGG $1, 000, 000
CLAIMS MADE 1:xl OCCUR PERSONAL 8 ADV INJURY $1, 000,000
A nX OWNER-S&CONTRACTOR'S PROT KHAT 2 0 0 3 2 11/28/99 11/28/00 EACH OCCURRENCE $1,000, 00
0
FIRE DAMAGE(Any ane fire) $5 0, 0 0 0
MED EXP("one p«,) $ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $1000,000 0 0 O 0 0 0
ANY AUTO , �
ALL OWNED AUTOS BODILY INJURY
$
X SCHEDULEDAUTOS (Per person) _
B X HIRED AUTOS CCP 527338-02 11/28/99 11/28/00 BODILYINJURY
X NON-OWNED AUTOS
(per acctde+Rl $
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS UABRUTY EACH OCCURRENCE s4,000, 000
C X UMBRELLA FORM OUL 0043515 11/28/99 11/28/00 AGGREGATE $4,000__,_000
OTHER THAN UMBRELLA FORM $
WC STATU- O H- :' ..�5}......�..,...��,.�•-r,..
WORKERS COMPENSATION AND X TORY LIMITS ER _
EMPLOYERS'LIABILITY EL EACH ACCIDENT $1, 000,000
B THE PROPRIETORt FVI INCL NWC-478420-04 07/25/99 07/25/00 ELDISEA&E-POLICYLIMIT $1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DSEASE-EA EMPLOYEE $1, 000,000
OTHER
DESCRIPTION OF OPERATIONSdLOCATIONSNEMCLESISPECUU.ITEMS
CERTIFICATE HOLDER THE CITY, THE CONSULTANT, THE SAN BERNARDINO COUNTY, & THE
SAN BERNARDINO COUNTY FLOOD DISTRICT ARE NAMED AS ADDITIONAL INSURED PER THE
1 ATTACHED FORM. PROJECT# 4-0020 NEVADA ST TRANSMISSION MAINS
SHOULD ANY OF THE ABOVE DESCRIBED POUaES BE CANCELLED BEFORE THE y
CITY OF REDLANDS EXPIRATION DATE THEREOF, THE ISSLMO ANY WILL ENDEAYOR TO MAN.
35 CAJON STREET S T# 15A 45*DAYS WRITTEN NOTICE TO THE T?FKATE R NAMED TO THE LEFT•
REDLANDS,CA. 92373 TO rAI1 SUCH NOTICE L
.QF_ ANY `UPON THE COMP ITS TIVES.
1-0 'w TA
,. 4i � .:eru �'>s & anz►�. i�&i`�a `� �� �/ If �;y�tiitSAs�
POLICY NUMBER:.
KHA 120032
v COMMERCIAL GENERAL UABIUTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES O
R
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization.
ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE OBLIGATED BY VIRTUE OF A
WRITTEN CONTRACT OR BY THE ISSUANCE OR EXISTENCE OF A PERMIT, TO PROVIDE INSURANCE
SUCH AS IS AFFORDED BY THIS POLICY.
(if no entry appears above, information required to complete this endorsement will tai shown in �e Declarations
as applicable to this endorsement)
WHO IS AN INSURED(Section ll) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work"for that insured by or for you.
IF YOU ARE REQUIRED BY A WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY
SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4-OTHER INSURANCE DOES
NOT APPLY,BUT ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY.
CITY OF REDLANDS
35 CAJON STREET SUITE 15 A
REDLANDS,CA. 92373
ALSO NAMED AS ADDITIONAL INSURED : THE CITY, THE CONSULTANT, THE SAN BERNARDINO
` COUNTY, & THE SAN BERNARDINO COUNTY FLOOD DISTRICT
CG 20101155 Copyright, Insurance Services Office, Inc., 1954 Page 1 of 1 13
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