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HomeMy WebLinkAboutContracts & Agreements_32-1999_CCv0001.pdf ..may w AGREEMENT THIS AGREEMENT,made and entered into this 6" day of Al2ri1 1999 City of Redlands, a Municipal Corporation, organized and exy�� isting under the Wand between the California, hereinafter referred to as the Cit and s of the State of a partnership consisting of Co laws or an individual trading as of the City of_ San Bernardino , Countyof tea_ nBernardino State of California, hereinafter referred to as the "Contractor' WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: gr 1 SCOPE OF WORK: The Contractor will furnish all materials and wll perform all of the work for the following: i Construction of the Mountain View Avenue Water Main, complete, all as shown on drawing, Contract Documents and Specification, and made a part of Project No. 4-9818. 2. THE CONTRACT SUM: $ 172,084,50 in accordance with the terms and conditions set forth in the Contract Documents. 3• TIME FOR COMPLETION: The work to be completed within forty five(45)consecutive 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 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 da in excess of the specified time for completion of Work. y Execution of the Contract shall constitute agreement by the City and Contractor that $500 p er da is the minimum and actual damage caused by the failure of the Contractor to complete theWork within the allowed time. Such sum is liquidated damages and shall not be construed as a penalt and may be deducted from payments due the Contractor if such delay occurs. Y, 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• PREVAILING WAGE: Contractors are hereby notified that pursuant to Sect' the Labor Code of the State of California,the City Council of the City of Redlands California.Section 1770 of Resolution No. 2325,has ascertained the en iby holidays and overtime work in the locality general this work is to be e of hourly waormges and rates for legal Of workman or mechanic needed to execute the Contract which willep moreac h c' or type Bidder. The Contractor shall comply with Sections 1770 [0 1780 inclusive of the ed Lir successful Master Labor Agreement of Southern California. Cade and 8. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Con amount of$375,000.00 or less shall be made by Contractor and roc tractor to the the provisions of Part 3, chapter 1, article 1.5 of the Public C ntracIs pde (commencingwith to Section 20104). All claims shall be in writing and include the documents necessary racing with the claim. Nothing in subdivision {a)of Public Contracts Cede Section 20104 2 shall substantiate time limit or supersede the notice requirements provided in this case from Felin xtend the Contractor. g claims by IN WITNESS WHEREOF,the parties hereto have executed this Agreement the da and written above. Y year first (SEAL) City of Redlands (Owner) By: Mayor, of Red ds, County San Bernardino, Cali is ATTEST: r tClrkd,d, Ci tylands oSan emardino,California (SEAL) El-Co Contractors, Inc. Name of Con etQr �— f: BY: ignature of Authorized Agent r Secretary/General Manager - John Wiles Title Signature of Authorized Agent(if necessary) Title 317093 ContraCtols License No. WORKERS' COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department Mountain View Avenue Water Main Project No. 4-9818 Labor Code section 3700 provides, in part: "Every employer except the State and all Political secure the payment of compensation in one or more of the�followingons or twaysns thereof, shall (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, 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 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. Dated this 9th day of Apri 199 19_ E1-Co Contractors, Inc. (Contractor) (Signature) (Seal) Secretary/General Manager - (Official Title) John Wiles (Labor Code Section 1861 provides that the above certificate must be signed and filed b th Contractor with the Owner prior to performing any work.) y e I LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Redlands, State of California, and...... El-Co Contractors INC (hereinafter designated as "principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement,date April 6, 19 99 , and identified as Mountain View Avenue Water Main, Project No.4-9818 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, materialmen, and other persons employed in the performance of the aforesaid agreed and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED SEVENTY—NINE THOUSAND EIGHTY—FOUR & 50/ffiflars(s 179,084.50 ) 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 claim 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 conditions 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 4-9, 19 99 (SEAL) (SEAL) EL—CO CONTRACTORS, INC. INSURANCE COMPANY OF THE WEST (Co actor) (Surety) 13y: (Signat (Signanfref ATT NEY—IN—FACT Address: P.O. BOX 948 FONTANA, CA. 92334 (Sea]and Notarial Acknowledgment ofSurety) Telephone No. 909-822-2221 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: BRAD J.KENNEDY its true and lawful Attorney(s)-in-Fact,with full power and authority,to execute, on behalf of the Company,fidelity and surety bonds, undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors -n the 23rd day of February, 1998,which,said Resolution has not been amended or rescinded and of which the following is a true copy: "RESO!VED,that the Chairman of the Board,the President,an Executive Vice President o, a Senior Vice President of the Company,and each of them., is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN*,,jilTNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998. MPAINy rb INSURAN F COMPANY OF THE WEST S—ATE OF CALIFORNIA John L. Hannum, Executive Vice President SS. COUNTY OF SAN DIEGO x. IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code§4121 and 4122. A Jerry Fafaul Janis Theodore CERTiFiCATE: 1.John H. Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 9TH day of APRIL 1999 IN$URA CE MPAN O E WEST /John H. Craig,Assistant Secratw iCW 37 BOND NO. 156 64 56 PERFORMANCE BOND WHEREAS,the City Council of the City of Redlands, State of California, and El-Co Contractors INC. (hereinafter designated as "principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement,date A 42ril 6, 19 99 ,and identified as Mountain View Avenue Water Main,Project No.4-9818 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. WEST Now,Therefore,said Principal and INSURANCE COMPANY OF THE , as surety,are held firmly bound unto the City of Redlands (hereinafter called "City"), in the penal sum of ONE HUNDRED SEVENTY—NINE THOUSANI EIGHTY—FOUR & 50/IOP)011ars($179,084.50 )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 conditions of this obligation is such that if the above bounded Principal, his or hers heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well truly keep and perform the covenants,conditions and provisions in the said agreement and 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 to 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 in anyway 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 work or to the specifications. In witness whereof,this instrument has been duly executed by the Principal and Surety above named, on 4-9— 19 99 . (SEAL) (SEAL) EL—CO CONTRACTORS, INC. INSURANCE COMPANY OF THE WEST ontractor), /(Surety) BY: (Signature} nature) ATTORNEY,-1,111—FACT Address: P.O. BOX 948 FONTANA, CA. 92334 (Seal and Notarial Aclarowledgawnt of Surety) Telephone No. ( ) 909-822-2221 ~ ' ^ ~ Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: BRAD J.KENNEDY its true and lawful Aftomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and other contracts ofsuretyship o[asimilar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted my the Board ofDirectors onthe 23ndday ufFebruary, 1g80.which said Resolution has not been amended orrescinded and u/which the following iuotrue copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature.; and to attach thereto the seal ofthe Company; provided however,that the absence of the uma|oho1i not affect the va1idity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this aQm day o[July 1Sea INSURANCE STATE OF CALIFORNIA John L. Hannum, Executive Vice President S8 COUNTY OFSAN DIEGO |wWITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. � Y-f Jerry FafauF janis Theodore ' °. CERTIFICATE: /.John n.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing isatrue copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution, |NWITNESS WHEREOF, |have subscribed myname asAssistant Secretary, nnthis 9TH day of APRIL 19 99 IN CE MPAN E WEST |ovv37 /i�/ 7 DATE(MM/DD/YY).,. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kennedy & Sharp Insurance Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE y p r HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17577 Arrow Blvd. , #107 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 948 COMPANIES AFFORDING COVERAGE --- Fontana CA 92334- COMPANY (909) 822-2221___________C A Gerling America Insurance Company INSURED COMPANY El-Co Contractors, Inc. B USF&G Insurance Company 1995 Nolan Street COMPANY C RLI Insurance Company San Bernardino CA 92407- COMPANY D Fremont Compensation GOVEf Axal^S ._. 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 i POLICY EFFECTIVE POLICY EXPIRATION i LIMITS LTR I DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY I GENERAL AGGREGATE $2, 000, 000 X COMMERCIAL GENERAL LIABILITY ; 07/01/98107/01/99 PRODUCTS-COMP;OP AGO $1, O O O, O O O CLAIMS MADE ! X j OCCUR i i PERSONAL&ADV INJURY $1, 000, 000 —--- -.. X OWNER'S&CONTRACTOR'S PROT! EACH OCCURRENCE $1, 0001 OOO FIRE DAMAGE(Any one fire) $ 1001 0 00 MED EXP(Any one person) $ 5 000 B AUTOMOBILE LIABILITY / / -- COMBINED SINGLE LIMIT $ X ANY AUTO 1CP30030317901 07 01 98j07/01/99 1 , 000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS {Per person} X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS ---_ I i PROPERTY DAMAGE $ GARAGE LIABILITY i AUTO ONLY-EA ACCIDENT $ ANY ALiTO / / / / 'OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE ', $ C EXCESS LIABILITY EACH OCCURRENCE i_$1, 0,0 O, 0 0 0 X UMBRELLA FORM OUL 0 0 2 7 8 6 3 07/01/98 07/07/98 1 AGGREGATE $11000, 000 OTHER THAN UMBRELLA FORM $ WC STATU i OTH- D WORKERS COMPENSATION AND ! -- /TORY LIMITS i--- ER _. EMPLOYERS'LIABILITY WN98-754566-01 07/01/98 07/01/99 EL EACH ACCIDENT Sl, 000, 000 L PROPRIETOR,` I I INCL . EL DISEASE POLICY LIMIT $l, 000, 0 00 PA:tT=`NERSEXECUTIVE - - OFFIC�RS ARE: EXCL j EL DISEASE,-,EA EMPLOYEE $1 Ir 000, 000 C oTHERUmbrella OUL0027863 , 07/07/98 / 07/01/99 . $4, 000, 000 Ea.Occ. : $4 , 000, 000 Aggregate B Installation lCP300303179-01 07/01/98 ' 07/01/99 : $443 , 000 Special Form Floater i $1, 000 Deductible DESCRIPTION OF OPERATIONS;LOCATIONSrYEHICLES/SPECIAL ITEMS Except in the case of non payment or non reporting 10 days will be given. Certificate Holder is named as Additional Insured on General Liability per attached CP-001 form. CERTIFICATE HOLDER, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Redlands EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Municipal Utilities Dept. 6 ,_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 35 Cajon Street,, 1.U�ANY URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Suite 15A _ K '' PON PANY, AGENTS OR REPRESENTATIVES. Redlands CA 92373 AUTHORIZE[,/ P ACORD'25-S(1195 0AC0RD CORPORATION 1088` POLICY NUMBER: 4 040 024 GLP COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract. Any Person, organization, partnership or joint-venture listed on a Certificate of Insurance on file with us,for which you have agreed in a written contract to provide liability insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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" performed for that insured by you or on your behalf. If the additional insured is an architect, engineer or surveyor, we won't cover "bodily injury" or "property damage", "personal injury" that results from the performance or failure to perform any "professional services" for you or on your behalf. "Professional services" include but are not limited to the following: 1. The preparing, approving, or failure to approve maps, drawings, opinions, reports, surveys, change orders,designs or specifications; and 2. Supervisory, engineering, surveying or inspection services The following is added to SECTION IV - COMMERCIAL GENERAL, LIABILITY CONDITIONS subsection 4. Other Insurance: Insurance provided by this endorsement is excess over other valid and collectable insurance available to the additional insured,whether primary, excess, contingent or any other basis. However, we will consider the insurance provided by this endorsement to be primary insurance and any other insurance provided to the additional insured shall be in excess and not contribute with the insurance provided by this policy, only if your contract with the additional insured required this insurance to be primary. Other terms: All other terms of your policy remain unchanged. Includes copyrighted material of Insurance Office,Inc.,with its permission Copyright,Insurance Services Office,Inc., 1992 CP-001 (ED.09/94) GERLING AMERICA INSURANCE COMPANY I OF 1 Recorded in Official Records, RECORDING REQUESTED BY San Bernardino, Larr County of Y Walker, Recorder AND WHEN RECORDED MAIL TODoC No . 18880273070 F 1 * 8pm 06/28/99 Name Office of the City Clerk City of RedlandsFee Street Address P.O.Box 3005 City& Redlands,California 92373 1 2 3 4 5 6 7 9 9 0 State PG FEE APF DIMS PH GPC CRT CPC ADD NNS PEN PR PCGR L i a�s7 t. svC ct c TRA DA c EXAM NOTICE OF COMPLETION 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.O. Box 3005 Redlands CA 92373 4. The nature of the interest or estate of the owner is; in fee. NlA {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 N/A 5. A work of improvement on the property hereinafter described was completed on June 16 1999 Mountain View Avenue Water Main Project No. 4-9918 The work done was: 7. The name of the contractor,if any,for such work of improvement was: EI-Co Contractors Inc. A ril 6 1999 {If no contractor for work of improvement as a whole,insert"none".} 8. The property on which said work of improvement was completed is in the city of {Date of contract} County San Bernardino State of Galifornia, and is described as follows: On Mountain RedlandswAvenue from Lu onia Avenue to San Bernana rdino Avenue 9. The Street address of said property is None no stree a cess as een o ic�a y assigne ,mser none. Dated: June 23 1999 en ica ion or n iv1 ua ner t' Tom T. Fujiwara, Projec ager Signakure of owner or corporate o icer, f ner names in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the municipal Utilities Director the said notice of completion and know the contents thereof;the same is true of my own knowledge,ant of the foregoing notice of completion; I have read resp en o , arager o a par.ner o,, wne,e,e c. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 23 ,19 99 ,at Redlands ,California, jda eT�o sTgnalu e} "" -- e ognred.) Gary G. he u icipal Utl ' es irector {Personal signature a th i ividual who is swea g that the contents of the notice of completion are true.} i