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HomeMy WebLinkAboutContracts & Agreements_60-2005_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 11tray of APRIL. 2005, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of Z__ California, hereinafter referred to as the "City" and E. J. Meyer Company of the City of Highland, 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 non-potable waterline and appurtenances, complete all as required by the Contract Documents and Specifications for: FOR REDLANDS COUNTRY CLUB, NON- POTABLE WATER SYSTEM PROJECT, Project No. 1-0581. 2. THE CONTRACT SUM: $494,444 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 forty-five (45)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 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, General Conditions, Special Conditions, Special Provisions 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. CD 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 lights 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 Z� provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By: ayor City of Redlands, (.;o my of San rnardino, California T ST: City Y Clerk Cit of Redlands ° County of San Bernardino, California (SEAT,) E. J. MEYE C PANY Name of Co act By: Sig ure of Authorized Agent MICHAEL CORCORAN, VICE PRESIDENT Title Signature of Authorized Agent(if necessary) Title 218385 Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department REDLANDS COUNTRY CLUB, NON-POTABLE WATER SYSTEM PROJECT, Project No. 1-0581. 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-11th day of APRIL 2005 E. J., ME)rXR/,qbMPANY n 66r) A (Signature) MICHAEL CORCORAN, VICE PRESIDENT (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 EXECUTED IN TWO COUNTERPARTS BOND# 4388589 PREMIUM: $8,406 PERFORMANCE BOND Whereas,the City Council of the City of Redlands, State of California,and E.J-Me er Comtianv (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to construct waterline and appurtenances,which said agreement, dated , 20 ___, and identified as Construction Of REDLANDS COUNTRY CLUB, NON-POTABLE WATER SYSTEM PROJECT, Project No. 1.0581 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 GREAT AMERICAN INSURANCE COMPANY as surety, are hold firmly bound unto the City of Redlands(hereinafter call "City"), in the penal sum of-FOUR HUNDRED NINETY- FOUR HUNDRED FORTY-FOUR & NOL100 Dollars($494 ,444.00 _J 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 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 APRIL 8 -20--9-5 . (SEAL) (SEAL) GREAT AMERIQkN INSURANCE COMPANY E.J. MYYVR C I Z - Sur ) ctor) BY- A� A. a ATTORNEY-IN-FACT aqure) HARD A. COON (Signature}re 71t1c zx"�4x Address: 750 THE CITY DR ORANGE, CA 92868 (Seal and Notarial Acknowledgment of Telephone�14 )_74O-_2400________� Surety) CD 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of orange On 4-08-05 before me. Lexie Sherwood - Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Richard A. Coon NAME(S)OF SIGNERS} personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their LEXIESHER311304 WOOD"'K signature(s) on the instrument the person(s), 0 CONIUM,#1 0 NWARY PUBLIC-CALIFORM A0 or the entity upon behalf of which the 2 ORANGE COUNTY 0 COMM,EXP,JULY 27,2005 A person(s) acted, executed the instrument. WITNESS my hand and official seal. ­-SIG-NATURE 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 El INDIVIDUAL El CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) El LIMITED 0 GENERAL One (1) ® ATTORNEY-IN-FACT NUMBER OF PAGES F-1 TRUSTEE(S) ❑ GUARD IAN/CONSERVATOR OTHER: 4-08-05 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PfRSON(S)OR ESTf-,Y(;ES) -N//A Great American Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE S 959D(4194) EXECUTED IN TWO COUNTERPARTS BOND# 4388589 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND Whereas,the City Council Of the City of Redlands, State of California,and E-J. MEYER COMPANY (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to construct waterline and appurtenances, which said agreement, dated 20_, and identified as REDLANDS COUNTRY CLUB, NON-POTABLE WATER SYSTEM PROJECT, Project No. 1.0581 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. Now, 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 Dollars($4 9 4,4 4 4.0.9 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 duty executed by the Principal and surety above named, on 209.5 ** FOUR HUNDRED NINETY—FOUR THOUSAND FOUR HUNDRED APRIL 8 (SEAL) FORTY—FOUR & NO/100 DOLLARS. (SEAL) E.J. ME OM GREAT AME AN INSURANCE COMPANY (Sre) RICHARD A. BY: 00 (Signature) ATTORNEY—IN—FACT I i Address:750 Tp CI DR ORA�vE CA 9236E (Seal and Notarial Acknowledgment of Suret- Telephone(7 14 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of orange On 4-08-05 before me, Lexie Sherwood - Notary Public } DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Richard A. Coon NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized )SOT E�IE � � capacity(ies), and that by his/her/their Co I3))304 signature(s) on the instrument the person(s), ARY PUBLIC-CAE.I ORMA ORANGE COUNTY or the entity upon behalf of which the c .Ext.JULY 7,2005 person(s) acted, executed the instrument. WITNESS my hand and offi I 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 Payment Band TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one (1) © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 4-08-05 DATE OF DOCUMENT SIGNER IS REPRESENTING: / NAME OF PE€?SDN{S)OR ENIITY(IES) N/A Great American Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE S 959D(4194) n GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET' CINCINNATI,OHIO 45202• 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 14191 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of tine laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorneyin-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L.CULBERTSON ALL OF ALL CHARLES L. FLAKE ANAHEIM UNLIMITED MATTHEW P.FLAKE CALIFORNIA RICHARD A. COON LEXIE SHERWOOD This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact narned above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17th day of, JUNE , 2004. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVrD c.KiTCHrN (513-369-3811) On this 17th day of JUNE 2004, before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn, deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under-the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American insurance Company by unanimous written consent dated March 1,I993. RESOLVED: That the Division President.the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and herelry is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf'of the Company,as surety,any and rill bonds,undertakings and contracts of'suretyship,or other written obligations in the nature thereof. to prescribe their respective duties and the respective limits oftheir authority:and to revoker any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company+may be affixed by,facsimile to any power of attorney or certificate of either given,for the execution of any bond,undertaking,contract or suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch off icer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affr".zetl. CERTIFICATION 1,RONALD C.HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 11 1993 have not been revoked and are now in full fierce and effect. Signed and sealed this 8TH day of, APRIL 2005 S 1029T(11/0 1) ... TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 4 3 8 8 5 8 9 effective 4-08-05 In accordance with the Terrorism Risk Insurance Act of 2002,we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury,will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90%of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any,attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. Recorded in Official Records, County of San Bernardino 10125/2005 LARRY WALKER 2:45 PM RECORDING REQUESTED BY �� MA �" AuditorlController — Recorder AND WHEN RECORDED MAIL TO R Regular Mail Dock 2005—0800372 Titles: 1 Pages: 1 Flame Office of the City Clerk ! City of Redlands Fees 0.00 Street Taxes 0.00 Address P.0. Box 3005 i Other 0,00 PAID City& Redlands,California 92373 50.00 State L SPACE ABOVE THIS UNE r0 MIRRIQUIRED NOTICE OF COMPLETION PER GOVERNMENT CODE Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete taif?efs 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. 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 fee"and insert,for example,"purchaser under 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 October 18, 2005 . The work done was: Redlands Country Club Non-Potable Water System Project Project No 1-0581 T The name of the contractor, if any,for such work of improvement was: E. J. Meyer Compal {If no contractor for work of improvement as a whole,insert 2005 "none".) A ril 11(Date 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: City of Redlands Country Club Non-Potable Water System from Redlands Heights Well through Ford St Jordan Dr Beverly Dr Westwood Ln Mariposa Dr., and bridal trail to the Redlands Country Club 9. The Street address of said property is None 'if no street a19drpnS has ween nttlr!aih_:assionad �none" Dated: October 19, 2005 Verification for Individual Owner Wen ua rolec Engine Signature of owner or corporate officer of owner es in paragraph 2 or his agent VERIFICATION 1,the undersigned,say: I am the Chief of Water Resources the declarant of the foregoing notice of completion;I have read said notice of completion and know the contents thereof;the same is true of'my knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 19 20 05 ,at Redlands .California. (Date of sfgneturfh (City where signed.` e£ xv Ppf E s 4 f oug a f ea ric , Chiet of Water Kesources (Persona[sib att-e f he individual wraps swearing that the contents of the rnot ce of co pie._n are true