HomeMy WebLinkAboutContracts & Agreements_139-2003_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this I st day of July , 20 03 , 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 a partnership consisting of Genesis
Construction of the City of Hemet , County of Riverside , 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 Zone 1300 & 1520 non-potable water systems, complete all as required by the
Contract Documents and Specifications for ZONE 1300 & 1520 NON-POTABLE WATER
SYSTEMS,Project No. 1-0323.
2. THE CONTRACT SUM: $ 658,777 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 Forrn,
Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond, Plans, General
Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto.
CD
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.
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 rights 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
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) (towner)
By.
Mayor, City of Redlands,County of
ATTEST: San Bernardino, California
City rk,City e ands
County of San Bernardino, California (SEAL)
Hemet Mfg. Co. , Inc. dba
Genesis Construction
Name of Contractor
By: , r-;
t -037
Signature of Authorized Agent
Bruce E. Perry, President
Title
Signature of Authorized Agent(if necessary)
Title
433661 A,B, HAZ MAT
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
ZONE 1300 & 1520 NON-POTABLE WATER
SYSTEMS, Project No. 1-0323
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 day of A 20 C,2.
Hemet Mfg. Co. , Inc. dbd
Genesis Construction
(Contractol
(Signature)
Bruce E. Perry, 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
TWO ORIGINAL BONDS ISSUED Bond #6199589
Premium: $7722.00
PERFORMANCE BOND Premium is for contract term and
is subject to adjustment based on
final contract price;
Whereas,the City Council of the City of Redlands, State of California,and t Manurag--f— company,
Inc. dba: Genesis Construction "hereinafter designated as "Principal"} have entered into
an agreement whereby Principal agrees to demolish designated wastewater facilities, which said
agreement,dated July 1st , 2003' and identified as Construction of ZONE 1300 & 1520
NON-POTABLE WATER SYSTEMS, Project No. 1-0323 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 Safeco Insurance Compare of America as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"), in the peria—Is—um-"'of six d Fifty
Eigh L Thousand Sevent Hundred seventy Seven NCE)011ars a �j�Mmdre
�,777_�00 � 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 pad, 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
—July 8th 20 03
Hemet Manufacturing company, 17n;. (SEAL)
dba: Genesis construction Safeco Insur Company f America (SEAL)
Contractor)
BY:
(Si ature)
Bruce E. Perry, President (Sign re)
JamesBal ssarel Jr., At -in-Fact
Address: 2677 No. Main Street
(Seal and Notarial Acknowledgment of Santa Ana, CA 92075
Surety) Telephone( 714 ) 437-3042
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego S&
On before me, Penny E. Kelley, Notary Public
Date Name and Title of Officer(e.g.,"Jane We.Notary Public')
personally appeared James Baldassare, Jr.
Name(s)of Signers}
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person M whose nameO i
sw
subscribed to the within instrument and
tea. bswcow
acknowledged to me that he executed
PEN,Vn
ELLEY the same in hisXXXX%a authorized
COMM, #112�-71656
0 capacity kW, and that by his/XXxTmw
1C-rAL,F'
SAN LRNIA �S
signature(x) on the instrument the persorU, or
rn C()U N T§e 0
[)e-,q:-, _�f�n-Xpires -4
V11, E In)26 the entity upon behalf of which the person(X)
b,2004
Y
acted, executed the instrument.
WITNESS,.mv hand and cial
Place Notary Sea[Above
Signatqrqof Notary Public
OPTIONAL
n Though the information below is not required by law, it may prove valuable to persons relying on the document
y t lyin
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
r.
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
E, Individual INNEENUS
Fj Corporate Officer Title(s): TbD of the here
Partner—F j Limited 0 General
L-1
Ej Attorney in Fact
1_1 Trustee
L 1 Guardian or Conservator
Other:
X
Signer Is Representing:
N.taq, 9350 D�,`Mc P0 B-?41,V 11,ilq
POWER SAFECO INSURANCE COMPANY OF AMERICA
S A F E C a GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
KNOW ALL BY THESE PRESENTS: No. 4273
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
*****J,T.WARNOCK;BART STEWART;CHRISTINE A.PATERSON;LAWRENCE F.MCMAHON;LETICIA SAN MARTIN;JAMES BALDASSARE,JR,;San Diego,
its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th day of February 2002
R.A.PIERSON,SECRETARY /fMMIKE llilPGAVICCK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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 aftomeys-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 seat,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 SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations,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 seal of said corporation
this 8th day of - July 2003
EC
SEAL
SEAL
X
ear
R.A.PIERSON,SECRETARY
S-09741SAEF 2/01
0 A registered trademark of SAFECO Corporation
217702 PDF
CALIF AACKNOWLEDGMENT
State of California
County of Riverside
On July 15,2003v, before , , __. ._Tia M. Miller, Notary Public
personally appears _ Bruce E. Perm
x': personally known to nye
proved to rite on the basis of satisfactory
evidence
to he the nerso%afj whose nas e�xf isl
subscribed to the within instrument and
acknowledged to me that he,,4146A�vey executed
the same in his
Commission h �`rr EauthorizedIF AA M.F-1 i ILLEER
�
- ll a achy i if and that by his �r
. mature on the instrument the oerson�,or
- t the entity upon behalf of which the rorsf
Y =. acted, executed the instrument,
WITNESS ray hand and official seal-
Place
ter,S—w Ab.-e 4 6,13mary plut&-
OPTIONAL
dough the tworrn flan behow is not mquired bYbw it may prove katuable to persons r iyyn on the document
could proVent f!`%3uduienl F'oPY?oval<t.Y.rd reptiae,'(;t',Pnt o b-his form,to anotherdo:,.J 3tf'nt
Description of A cher! Document r.
Title or Type of Document: Performance Bond_#6199589-City of Redlands Project 1-0323
Document Datta: 7/8/03 Duplicate Draft
M �w� � Number utPages:
.__a-_ 1
Signer(s)Cher Than Named Above: Christine A. Paterson-Safeco insurance Co.Of America
Calc {les)Claimed Sinner
Signer's Name: Bruce E Per esu„
individual _
.t-
y ;
tt x Co ate Officer--Tirlfs _President
r Pa. r— Limited n ref
Attorney in Fact
rustee
t
�F
Guardian or Conservator i
Other i
S= nor,s Represerting: Hemet Mfc. Co Inc. dba Genesis Construction
_ �_ _
��. 9 0-SW. , v rzr _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego ss.
On Ju� 2003 , before me, Penny E. Kelley, Notary Public
Date Name and Ti{le ofi Offacer(e.g., Jane Doe,Notary Public"j
personally appeared James Baldassare, Jr.
Name(s)of signer{s}
& personally known to me
proved to me on the basis of satisfactory
evidence
to be the
person whose name()
subscribed to the within instrument and
acknowledged to me that he executed
the same in hisXXXXI= authorized
PENg� r � bW
capacitY , and that by his/
q„ _ signature(X) on the instrument the persons or
S the entity upon behalf of which the person
(g}
DE
�'ssi—n F, 1 �r acted, executed the instrument_
eo 2004
WITNESS,my hand and official seal
1 Place Notary seal Above sin ,
9 of Notary Public
OPTIONAL
Though the information below is not required by law., it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
Ll Corporate Officer—Title(s): Top of thumh,here
C Partner—J Limited 0' General
0 Attorney in Fact
E- Trustee i
i l Guardian or Conservator
1 Other:
r ---
- ---
��� i E
Signer Is Representing, _
3
erg f4e.59-7 Re-. e, Call To re. 1FW,F76682
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
C aunty of Riverside ss.
Cn Ju 15 2003 before me, __.. Tia M Miller Notary Public
pe;sonall y appeared Bruce E
X personally known to rico
16 proved to nre on the basis of satisfactory
}` evidence
f;
to be the personpO whose nameW is
subscribed to the within instrument and
acknowledged to me that he/Oa6fthey executed
the same in hisi cit r auM.WLLERthc�rized
capacityhi ,. and that by his fir; r
si natur son the instrument the person(K, or
ft"de CCU*t the entity upon behalf of which the persons- "
x_, acted, executed the instrument,
WITNESS my stand and official soaL
t
, .
r
OPTIONAL
i trough the information bcdow is not r-egtured by ow rt may provp va sable to t rso s rcjyjryg rvr the dricue
rit
..= and conid prevef#f.fraudulent removal o',°e."l a.n J'a atta%:f7'7ent of v7„%-^1"737 to another ,.,v tf,�`i�.eP?t_
Description of Attached Document
Title or Type ofDocument: ,Payment Bond#6199589`:City of Redlands Proiect 1-0323
Document Date: 718/03 Duplicate Draft------ ___--- :smbe of Pa e 1
Signer's)Other Than Darned Above: Christine A. Paterson-Safeco Insurance Co. Of America
apa ity(ie )Claimed by Signer
>' Signer's Name: Bruce E. Perry e e u
Individual --
. x
Corporate Officer®Titf isy President
Partner Limited General
Attorney in Fact
Tr€Fstee X;
Guardian or conservator
61,
Other:
x
r ,
Signer eC i Representing:_Hemet Mfc. Co Inc. dba Genesis Construction
SKI glkA- P
Awl",4W111