HomeMy WebLinkAboutContracts & Agreements_87-1995_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 19th day Of December 1995 , 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 G. R. McKervev. Inc.
a partnership consisting of
or an individual trading as
of the City of County of
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:
C),
Construction of the South Mountain Pipeline Replacement project, complete, all as shown
on drawings, Contract Documents and Specification as specified, and made a part of Project
No.1-96')3.
2. THE CONTRACT SUM: $248,299.87** in accordance with the terms and conditions
set forth in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within ninety (90) 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 5200 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 5200 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.
I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
City of Redlands
(SEAL) (Owner)
B
Mayor, City of Rectlands, County of
San Bernardino, California
ATTEST:
c) ds
City Clerk," o
City f
County--af San Bern -mo, California
(SEAL)
Name of Contractor
By:
Signature of Authoriz6-&Agent
r r
Title
Signature of Authorized Agent (if necessary)
Title
Contractor's License No.
CD 2
FAITHFUL PERFORMANCE BOND
Bond No. ARB 1213
KNOW ALL PERSONS BY THESE PRESENTS EXECUTED IN DUPLICATE
That G.R. McKervey, Inc. as Contractor, and
American Reliable Insurance Company as Surety, are held and firmly bound unto
the City of Redlands, hereinafter called City, in the sum of Two HUNDRED FORTY
EIGHT THOUSAND TWO HUNDRED NINETY NINE AND 87/100*********-**** dollars, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrator, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract
Frith said City to perform all work required under the City's Project No. 1-9633.
NOW, THEREFORE, if said Contractor shall perform all of the requirements of said contract
required to be performed on their part, at the times and in the manner specified therein, then
this obligation shall be null and void, otherwise said surety will pay for the same in an amount
not exceeding the sum specified above, and as modified by change orders, and in the event suit
is brought upon this bond, a reasonable attorneys' fees to be fixed by the court.
PROVIDED, that any alterations in the work to be done or the materials to be furnished,
which may be made pursuant to the terms of said contract, shall not in any way release said
Contractor or said Surety thereunder, nor shall any extensions of time granted under the
provisions of said contract release either said Contractor or said Surety, and notice of such
alteration or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this 9th day of January 19 96.
(SEAL) (SEAL)
G.R. McKervey, Inc. American Reliable Insurance Company
(Contractq (Surety)
By:
Les Mantle (Signature) Attorney in Fact
Address: c/o Lesron Insurance Agency, Inc.
1440 N. Harbor Blvd., #610
Fullerton, CA 92635
Telephone No. (714 ) 441-4722
(Sal and.,Votarial Acknowlnkment (Y'Stiretiq
CD 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907
State of California
County of -Orange
On 1-9-96 before me, Mary Angel - Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,*JANE DOE,NOTARY PUBLIC'
personally appeared Les Mantle
NANIE,S)OF SIGNE`(S)
Ei personally known to me - OR - E proved to me on the basis of satisfactory evidence
to be the person(x) whose name(z) is
subscribed to the within instrument and ac-
knowledged to me that he/WMOMW executed
the same in his III i k,x authorized
capacity
and that by his/XXNXZXXU
t-Mi y
signature(i) on the instrument the person(i),
or the entity upon behalf of which the
y P-A f
'J" CAUF
ORA GE person(X) acted, executed the instrument.
C
WITNESS my hand and official seal.
c
iGNA7URE OF NO
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(s) TITLE OR TYPE OF DOCUMENT
PARTNER(S) ❑ LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
F-1 TRUSTEE(S)
11 GUARDIANiCONSERVATOR
OTHER.
-
DATE OF DOCUMENT
SIGNER IS REPRESENTING.
NAME OF RE RSON(S)OF,EN-11Y(IES)
American Reliable Insurance -
Company SIGNER(S)OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION-8236 Pernmet Ave_P.O.Box 7184-Canoga Park,CA 91309-7184
LABOR AND MATERIAL BOND Bond No. An 1213
EXECUTED IN DUPLICATE
KNOW ALL PERSONS BY THESE PRESENTS
That G.R. McKervey, Inc. as Contractor. and
American Reliable Insurance Company as Surety, are held and firmly bound unto
the City of Redlands, hereinafter called City, in the sum of TWO HUNDRED FORTY EIGHT THOUSAND
TWO HUNDRED NINETY NINE AND 87/100******** dollars for payment of-%rhich sum well and
truly to be made, we bind ourselves, our heirs. executors, administrators, successors. and
assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract
with said City, to perform all work required under the City's Project No. 1-9633.
NOW, THEREFORE, if said Contractor, or Subcontractor, fails to pay for any materials.
equipment, or other supplies, or for rental of same, used in connection with the performance'
of work contracted to be done, or for amounts due under applicable State law for any work or
labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified
above, and, in the event suit is brought upon this bond, a reasonable attorney's fee to be fixed
by the court. This bond shall inure to the benefit of any persons, companies, or corporations
entitled to file claims under applicable State law and will remain in force until 90 days after
completion.
PROVIDED, that any alterations in the work to be done or the materials to be furnished,
which may be made pursuant to the terms of said contract, shall not in any way release either
said Contractor or said Surety thereunder, nor shall any extensions of time granted under the
provisions of said contract release either said Contractor or said Surety, and notice of such
alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this -9th day of January —, 1996
G.R. McKervey, Inc. (SEAL) American Reliable Insurance Compag EAL)
{Contras or
(Surety)
7-t
By:
fsi iup 1,
re) Les Mantle (Signature)Attorney in Fact
Address: c/o Lesron Insurance Agency, Inc.
1440 N. Harbor Blvd., 1610
Fullerton, GA 92635
(Seal and Nofarial Acknowledgment (Y'Stireq-) Telephone No. �714 ) 441-274-2
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na5907
State of California
County of Orange
On 1-9-96 before me Mary Angel - Notary Public
DATE NAME,TIT LE OF OFFICER-E.G..-JANE DOE,NOTARY PUEUC'
personally appeared Les Mantle
NAME(S)OF SIGNER(S)
Ei personally known to me - OR - El proved to me on the basis of satisfactory evidence
to be the person(x) whose name(z) is
subscribed to the within instrument and ac-
knowledged to me that he/VUVWW executed
the same in hist I" * authorized
capacitytX9X0 and that by his/XXKXXKxU
kAARY X,!
signature(i) on the instrument the person(x),
or the entity upon behalf of which the
1'y Comit"g, ry_ person(X) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF N?YtARY
W0,11 I'VE
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
nTLE,S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) FJ LIMITED
0 GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
El TRUSTEE(S)
E GUARDIANY'CONSERVATOR
-j' OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR EN'Trf(IES)
American Reliable Insurance
Company. SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave_P.O.Box 3184-Canoga Pa,,CA 91309-7184
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office:
8655 E.Via De Ventura Scottsdale,Arizona 85258
GENERAL POWER OF ATTORNEY
GPA 25878
POWER OF ATTORNEY VALID IFNUA4BMZED IN]?ED
Know All Men by These Presents, That American Reliable Insurance Company, a corporation duly organized and existing under the laws of the State of Arizona,and
having its administrative office in Scottsdale,Maricopa County,Arizona,does by these presents make, constitute and appoint
***LES MANTLE or MATTHEW R DOBYNS***
of Fullerton and State of California its true and lawful Attorney-in-Fact,;with full power and authority for and on behalf of the Company as surety, to execute and
deliver and athx the seal ofthe Company thereto, if a seal is required, on bonds, undertakings, recognizance, consents of surety, or other written obligations in the nature
thereof, as follows
***CONTRACT BONDS(S.B.A,GUARANTFF AGREEMFNTI - MAXIMUM PENALTY $1,250,000.04)***
*OTHER CONTRACT BONDS-MAXIMUM PENALTY 5250000***
***ALL OTHER BONDS-MAXIMUM PENALTY$15,000***
THIS PC)WER OFATTOBNEYSHALL TER ARNAZ E AND 8F OFNO FCIRTIIER EFFECT AFTEI?DEC 31 1996"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President., sealed with the corporate seal of the Company and duly
attested by the Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority ofthe
following resolution adopted by the Board of Directors ofthe American Reliable Insurance Company,at a meeting held on the 29th day of July, 1993.
In witness whereof Anuaican Reliable Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto alfixed
this 12th day of December ,AD., 1995 .
�;411SiStllf/IIC�t
Ai;At l ri, t�✓fj�,
AMERICAN RELIABLE INSURANCE COMPANY
y 0
_.
' `p i` .► b
Y: '`�,t•...
State of Arizona {Ij� � Stephen C.Kolb,Vice President
SS: 111111/111
County of Maricopa
On this 12th day of December in the year 1995 before me Janat Garcia a notary public,personally appeared Stephen C.Kolb ,personally
known to me to be the person who executed the within instrument as Vice President on behalf of the corporation therein mined and acknowledged to me,that the
corporation executed it.
OFFM SFAL
JANAT GARCIA `
NONY POW•ftM of Rona
MARIODPA COUNTYAtr?TARY PUauc,
My Ct>ntdt,E Feb.13,1"j.
00011T TT'VT/'X?J"VVI TG`Tin All"i VTl7 "V Anax14T +A-"I.A1AA1 r, tasa[Tn sxrr.ta«��"ay..w:as
Recorded in Official Records, County of
RECORDING REQUESTED BY San Bernardino, Errol J. Mackzum, Recorder
AND WHEN RECORDED MAIL TO No Fee
Name Office of the City Clerk � Doc No . 19960204627
Street City of Redlands 1 0 * 7 am 06/10/96
Address P.0. Box 3005
City& 205 40015721 01 04
State Redlands, CA 92373 s 2 3 6 7 8 9 0
L J PG FEE I APF DIMS PN CPY I CRT CPY ADD NM PEN PR PCOR
5 6
NON ST LN SVY CIT-CO TRANS TAX OA CBRG EXAM
NICE 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:
Z The full name of the owner is Citv of Redlands-Municipal Utilities Deppattment
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.
Of 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 May 22, 1996 The work done was;
South Mountain Pipeline Replacement, Project No, 1-9633
7, The name of the contractor,if any,for such work of improvement was: G. R, McKeryey, I nc.
December 19, 1995
{lf no contractor for work rf improvement as a whole,insert"none'.) (Date of C75—tract)
5. The property on which said work of improvement was completed is in the city of YU aipa
County of Sart Bernardino State of California,and is described as follows In Yucaipa Boulevard between 13th Street and
approximatUl 240 feet west of 15th Street.
04 9, The Street address of said property is Ntlrte
(if no street address has been officially assigned,insert"none"J
Dated: Ma 3(7.. 1996 --
b erifrcatson tar indlu'a+owner
Blips B hazln, Prdjet n er
Signature,of owner or corporate of`=4cer c owrier itaffles in Paragraph 2 or his argent
VERIFICATION
1,the undersigned,say:I am the Municipal Utilities Director the declarant of the foregoing notice of completion.,I have read
tr ,"'tanager of"A partner 57"Cwner of,;E7
said notice of completion and know the contents thereof;the salve is true of my vvvn knowledge.
1 declare under penalty of peTiury that the foregoing is true and correct,
Executed on M 11;1-96,at Redlands ,California.
(Dine a,signature) (ic-where signed")
� r
Cary G. Pile S Munici 1 U es Director
(Personal signature r l ushfal who is ntents of the nonce of completion
are true.)
Certificate of Insurance
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
250 Newport Center Drive, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Newport Beach, California 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW.
(949)729.0777 Fax (949)729.0770
Insured's Name and Address: Companies Affording Coverage
JOHN EGAN &ASSOCIATES, INC. Company A --Continental Casualty Company
25814 Business Center Drive, Suite A
Redlands, California 92374
COVERAGES: THIS IS TO CERTIFY THAT 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,
Co. TYPE OF POLICY POLICY POLICY
LTR. INSURANCE NUMBER EFFEC.DATE EXPIR.DATE LIMITS
GENERAL LIABILITY General Aggregate $
Comml.Gen.Liability Products-Com/Ops Agg. $
Claims Made Personal&Adv.Injury $
Occurrence Each Occurrence $
Independent Contractors Fire Damage(any one fire) $
Contractual Other $
BFPD
AUTO LIABILITY Combined Single Limit $
Any Automobile
All owned autos Bodily Injury(per person) $
Scheduled autos
Hired autos Bodily Injury(per accident) $
Non-owned autos
Garage liability Property Damage $
EXCESS LIABILITY
Umbrella Form Each Occurrence $
Other than Umbrella Form Aggregate $
WORKERS' Statutory Limits:
COMPENSATION Each Accident $
AND EMPLOYERS' Disease-Policy Limit $
LIABILITY Disease-Each,Employee $
A PROFESSIONAL PRE113978344 08/2 8/29/2002 Each Claim/ $1,000,000
- LIABILITY I I I And Aggregate $1,000,000
Description of Operations/Locations/Vehicles/Restrictions/Special Items:
All operations of the Named Insured.
Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION:
CITY OF REDLANDS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MUNICIPAL UTULITIES DEPT. EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS,
P.O.BOX 3005
REDLAND,CALIFORNIA 92373 WRITTEN NOTICE TO THE ERFICATE HOLDER NAME 0 THE LEFT, BUT FAILURE TO
0 L
MAIL SUCH NOTICE SHALL IM 0 E NO OBLIGATION LIABILITY OF ANY KIND UPON THE
_P I
ATTN: TOM FUJIWARA COMPANY,IT'S AGENTS OR R� ESENTAT4VES.
Authorized Representae: RENEDate: August 24 1999
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