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HomeMy WebLinkAboutContracts & Agreements_33-1993_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of aa2ast 1993, 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 Tn' SERVICES INC apartnershipconsistingof 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: Removal and replacement of concrete sidewalks, including root pruning and tree trimming, at various locations in the City of Redlands, all as shown and specified as a part of Contract No. 23-6801-2960. 2. THE CONTRACT SUM: $15 , 612 . 50 3. TIME FOR COMPLETION: The work to be completed within ninety(90)work days from and after the date of the Notice to Proceed. 4. 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. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) City of Redlands (Owner) Ma or Pro Tem for Mayor, City of Redlands, County of San Bernardino, California ATTEST: ruy irk, C'ftB , tcls of San dino� California (SEAL) 4= I CZ ,4 Name of Contractor By: Signature of Authorized �ent Title Signature of Authorized Agent (if necessary) Title Contractor's License No. 10 EXZ�UTED IN THREE COUNTERPARTS BOND NO. 89400426 PREMIUM $234.00 FAITIIrUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS That IPS SERVICES, INC. VIGILANT INSURANCE COMPANY as Contractor,and as unto the City of Redlands, hereinafter called City, in the sum rof ' are FIFTEEN andmly bound SIX HUNDRED TWELVE AND 50 100---( 15 612 50) THOUSAND dollars, for the payment Of which sure well and truly to be mads, we hind 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 with said City to perform all work required under the City's Contract No, 23-6801- 2960. NOW, THEREFORE, if said Contractor shall perform all of the requirements of said therein, then this obligation shall be null and void, otherwise it shcontract required to be performed on their part, at the times and in the manner specified and in effect until 90 days after completion. all remain in full force PROVIDED, that any alterations in the work to be dune 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 6TH day of AUGUST 1993. IPS SERVICES, INC. (SEAL,) VIGILANT INSURANCE COMPANY (SEAL) (Contractor) (Surety) By By (Signature) Signature) ELKE . HAGEN, ATTORNEY-IN-FACT Address: 15 MOUNTAIN VIEW ROAD WARREN NEW JERSEY 07061-1615 Telephone No. 201 967--9400 (Seal and Notarial Acknowledgment of Surety) 3,1 EXECUTED IN THREE COUNTERPARTS BOND NO. 89400426 PREMIUM -NIL- LABOR AND MATERIAL BOND KNOW ALL PERSONS By THESE PRESENTS That IPS SERVLICES, INC. as Contractor, and VIGILANT INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of FIFTEEN THOUSAND SIX HUNDRED TWELVE AM 50/100 * dollars for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. * $ 15,612.50 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 Contract No. 23-6801- 2960. NOW, THEREFORE if said Contractor, or Sub-Contractor, 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 an work or labor thereon, said Surety will pay for the same y ame 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 Cbntractor 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 6TH day of AUGUST 1993. IPS SERVICES, INC. . (SEAL) VIGILANT INSURANCE COMPANY(SF AL - 11 (Contractor) (Surety) icy: a,�X""fv--- By.,, (Signature) (Signature)�LK HAGEN, ATTORNEY-IN-FACT Address: 19 MOUNTAIN VIEW ROAD WARREN, NEW JERSEY 07061-1615 Telephone (20 1 967-9400 (Seal and Notarial Acknowledgment of Surety) 12 POWER OF ATTORNEY Know all Men by these Presents,That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road,Warren, New Jersey, a New York Corpora- tion, has constituted and appointed, and does hereby constitute and appoint William R. Friis, Mark E. Shreckengast and Elke H. Hagen of Riverside, California--------------------------------------------------------------------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise,bands or obligations given or executed in the course of its business, and consents for the release of retained percentages and/or final estimates. In Witness Whereof,the said VIGILANT INSURANCE COMPANY has,pursuant to Its By-Laws,caused these presents to be signed by Its Vice-President and Assistant Secretary and Its corporate seat to be hereto affixed his 19th day of November t9 92 Corporate � a,7C�y 1y J VIGILANT INSUR �COMPA�Ny . `Q',flw+ rJt By /chard D.O'Connor / Geo a McClellan Ass*tent ecretary Vice-President STATE OF NEW JERSEY County Of Somerset ss. On his 19th day or November 19 92 before me IN- SURANCE COMPANY,the corporation described In and which executed he foregoing Pow®of personally and the sand Richard D.O'Coard D.O'Connor nnor nor beo me i g by me duty swoown and by me known did dto ee Assistant Secretary or the tart Secretary of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power or AttorneyIs such co Pose and say that authority of the By-Laws is Assistant Secretary of said Company,and that he signed said Power of Attorney as Assistant Secretary or said Company by like authority;and that he Is acquainted with George McClellan and knoereto ws him ed yto be the Vice-President or said Company,and that the signature of said George McClellan subscribed to said Power of Attorney Is In the genuine handwriting or said George McClellan and was thereto subscribed by authority of said 'By-taws and In deponent's presence. Notarial Seal r. '� Acknowledged and Sworn to before me � ._-- •--- an the ate a �ften �� PUBLIC X/Jel Notary Public CERTIFICATION STATE OF NEW JERSEY JANET A.SCAVONE County of Somerset ss' Notary Public,State of New Jersey NO.245S520 i,the undersigned,Assistant Secretary of the VIGILANT INSURANCE COMPANY,do hereby certify that the following is a true excerpt ufromthhe By-tpires aws of tthhe said1994 Company as adopted by its Board or Directors on June 13,1974 and most recently amended Match 3,1986 and that this By-taw is in full force and effect. "ARTICLE Xv Section 2.All bonds,undertakings,contracts and other Instruments other than as above for and on behalf of the Company which It Is authorized by law or Its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,Jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-tact designated in any resolution of the Board of Directors or the Executive Committee,or In any power or attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided In such resolution or power of attorney. Section 3.Ali powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice- President or an Vice-President,Jointly with the Searetaryoran Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairmn.Vice Chairman,President,any Vice President,any Vice President,any Secretary,any Assistant Secretary and the seal of the Companymay be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakins and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I further certify that said VIGILANT INSURANCE COMPANY Is duly licensed to transact fidelity and surety business in the State of CALIFORNIA to become sole surety on bonds,undertakings,etc.permitted or required by the laws of the United States. and Is also duly licensed And I further certify that the foregoing Power of Attorney is now in full force and effect. Given under my hand and the seal of said Company at Warren.N.J.,this 6TH AUGUST dayoi 1 r 93 Corporate Seal i o Assistant Secretary r •y CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS as Prime Contractor for City of Redlands Contract No. 23-6801-2960, hereby make the following certification and acknowledgement with respect to the applicability of Davis-Bacon and Related Acts Requirements: 1) By entering into this contract, I certify that facknowledge that the above referenced project is federally funded and I am solely responsible for complying with the Davis- Bacon and Related Acts Requirements; and, 2) The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the highest wage applicable to their work classifications,as specified by the current and applicable Federal Wage Determination. If no Federal work classification appears to apply, prime contractor shall make written request to the County to obtain applicable work classifications and wage rates prior to start of construction. When the same classification appears in both the Federal and State wage decisions, the higher wage must be paid for that classification. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. Signature, Prime Cont or Title Date 13 2, Address 10458, the Implementing entity and rules and regulations adopted pursuant thereto, Execut'',�,=ey' 111246 and 11376, Title Vii of the Civil Rights Act of 1964, the California Fair Ernpio, 3, CtIy—SAN—BERNARDINO Stale CA Zip Code 924?3-045? Practice •Act, and Other applicable Federal and State laws and regulations relating,to e 4 employment opportunity, Including laws and regulations hereafter enacted, - -9-Q21-294.72--M-- TLIephon(, Nurnbet rA�Jre Attached Is the statement Of contractor's Affirmative Action Policy, The contractor a9rros,':i of good faith effort to Meet the goals of the plan at part of these contract obligations. Contractor understands that this plan will become a management policy, part of contractor's compfor" T o, j t)5� a P,Point ed---NA—N-q—y_rL,�-,CQ�jrD0 Contractor agrees to Insert In all subcontracts on the Project bid herewith 8 Provision the subcontractors will Comply with the Provisions of the implementing entity Affirmative as Its EQuilt Ea'1100y-ent Opportunity Officer. This person has beengive() the authority to Compliance Program and rules and regulations adopted pursuant thereto, Executive Order and 11376,Title VII Of the Civil Rights Act of 1964, the California Fair Employment Practic establish, d,sseniinata And enforce the Equal Employment and Affirmative Action policies of and other applicable Federal and State laws and regulations relating to equal emr)la this conitjctot, and may be contacted at I(Address) P.O. BOX 10458 Opportunity, Including laws and regulations hereafter enacted, Contractor agrees to furnish to the Contract Compliance office, the name Of each subcont; SAN B13,11NARDINO CA 92423-0458 who furnished Supplies, goods or Services in excess of S10,000 On the Project bid herewith, names shell be furnished prior to the time the subcontractor commences work, Contractor also hereby agrees to provide the implementing entity Contract Compliance 0 i [Tatephone Ntimbe() access and Information that they may request to Assist in determining compliance c tf* concerning matters relating to Program. Any Altqrnative Actions taken by this contractor, I declare under penalty of perjury that the following is true end correct. �-4 7' 00 you rrl""tty emPlOy Any Vletnsm-lats vet0l`81187 Yes 0 No Now Many? 1 you p(esently, employ any handicapped persons? 0 Yes No Now Many? L Date ign CURRENT WORK FORCE time ALL EMPLOYEES MINORITY EMPLOYEES UNDEAUTILIZATION ANTICIPATED CCuP A T 10 14 MALE FEMALE MINORITY FEMALE HIRING GOALS TOTAL FOR TERM OF PPOjEC, CATECGORY TOTAL MALE FEMALE Asian or ArnericarAsian or Americar MINORITIES Black hispanic Pacific Indian or Black Hispanic Pacific Indian or Islander Alaskan Alaskan YES NO 1-Y-E S NO M,norily Total Ne- Native Islander --— Native A ci, I)i ni S I:r a t C 12 10 2 1 2 Professional Technical Sales Clerical 14 1 13 Skilled 52 51F 1 2 22 24 Operatives —— (Semiskilled) 7 7 2 2 Laborer (Unskilled} 33 33 18 Servirc Wcjirk(ttS 18 TOTAL i 3 49 l-3 16 44 IPS.SERVICES INCORPORATED AFFIRMATIVE ACTION PLAN FOR I .P.S. SERVICES INC. I . P.S. Services will assert leadership within the community and put forth good faith efforts to acheive full employment and- utilization of the capabilities and productivity of all our citizens without regard to race , age, color, sex, religion, ancestry, national origin , marital status or handicap. I .P. S. Services recognizes that the effective application of an equal employment opportunity plan involves more than just a policy statement and will , therefore, undertake affirmative action to make known that equal opportunities are available on the basis of individual merit, and to encourage advancement on this basis. The following Affirmative Action Plan is hereby established as the policy and practices of I .P.S. Services Inc. 1 . Our company shall recruit and hire all employees without regard to race, age, color, sex, religion, ancestry, national origin, marital status or handicap and shall take Affirmative Action to employ and advance qualified disabled veterans of the Vietnam Era. 2 . Our company shall treat all employees equally in respect to compensation and opportunities for advancement, including upgrading and promotion. 3 . Our company shall post, in conspicuous places: a. Notices setting forth the provisions of the nondiscrimination clause--"The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. " b. A statement of our obligation, under law, to take affirmative action to employ and advance qualified disabled veterans and veterans of the Vietnam Era. A statement of our obligation , undto take law, I - affirmative action to employ and advance qualified handicapped employees . THE WEST COAST'S LARGESTpPkyMf NT MAINTENANCE COMPANY P, O. Box 10458* San Bernardino, CA 92423-0458- (714) 794-2101 - 1-800-826-4163*LIC.#A-B 421528 DC IPS SERVICES INCORPORATED 4 . Our company shall actively use recruitment sources such as employment agencies , unions, and schools which have a policy of referring applicants on a nondiscriminatory basis. 5 . Our company shall insure that all solicitations or advertisements for employees state that all qualified applicants will receive consideration for employment without regard to race, color, religion , sex or national origin. 6 . Our company shall disseminate its affirmative action policy externally by informing and discussing it with all recruitment, recruitment sources , by advertising in news media, specifically including minority news media, and by notifying and discussing the Policy with all local minority, handicapped and women ' s organizations and subcontractors and shall maintian records of the organizations' responses. 7 . Our company shall make specific and constant personal , written and oral recruitment efforts directed at all local minority, handicapped and women's organizations, including schools, recruitment and training organizations. 8. Our company shall make specific efforts to encourage present minority, handicapped and women"emp I oyees to recruit their friends and relatives whose -status also comes under that of minority, handicapped or women. Our company shall maintain a file of the names and addresses of each minority and female applicant referred to us for hiring. If the applicant is not considered for employment or was not employed, the company 's file should document this and the reasons therefore. 10. Our company shall post, in conspicuous places: a. That we are bound by the terms of Section 503 of the Rehabilitation Act of 1973--that we are committed to take affirmative action to employ and advance Physically and mentally handicapped individuals. b. That we are bound by the terms of the Vietnam Veterans Readjustment Assistant Act. c . 01 our commitmen-ts under Executive Order # 11246-- Affirmative Action/Con't-- ract Compliance . 11 . Our company shall actively take steps to integrate any positions, departments or plant locations which have no women, minorities or are predominatly staffed with one Particular group . THE WEST COAST'S LARGEST PAWW NT MAINTENANCE COMPANY P. O. Box 10458-San Bernardino, CA 92423-0458 , (714) 794-2101 - 1-800-826-4163 - LIC. #A®B 421528 JI, IPS SERVICES INCORPORATED LIS V 12 . Our company shall insure that all employee specifications , selection requirements , tests, and other employee recruitment of evaluation procedures do not discriminate against minority , handicapped or women. 13. Where reasonable , our company shall develop or finance on-the-job training opportunities and participate and assist in any association or employee group training programs relevant to the company' s employee needs. 14 . Our company shall continually inventory and evaluate all minority, handicapped , and female personnel for promotion opportunities and encourage minority and female employees to seek such opportunities. 15 . Our company shall make sure that seniority practices, job classifications, rates of pay, and other forms of compensation, and other employee practices and classifications do not have an unlawfully discriminatory effect on handicapped, minority or female employees. 16 . Our company shall ensure that all company facilities are nonsegregated. 17 . Our company shall make certain that all subcontractors: a. Are in compliance with I . P. S. Services Inc. Affirmative Action Compliance Guidelines and will employ individuals without regard to race , color, religion , sex or national origin . b. Are bound by the terms of the Vietnam Veterans' Readjustment Act to employ disabled veterans of the Vietnam Era. C. Are bound by the terms of Section 503 of the Rehabilitation Act of 1973 to employ and advance qualified physically and handicapped individuals. d . Have an approved Affirmative Action Plan. 18 . Our company shall solicit bids for subcontracts from minority subcontractors subject to availability. 19 . Our company shall make certain that all supervisory personnel are aware of the company 's obligation to maint-lain a working, environment free oi' harassment, intimidation and coercion at all sites, with specific attention to minority or female individuals. 20 . Our company shall make every effort to provide after school , summer and vacation employment to minority youths. THE WEST COAST'S LARGEST PAVEMENT MAINTENANCE COMPANY Page - P, O. Box 10458- San Bernardino, CA 92423-0458 ,, (714) 794-2101 * 1-800-826-4163® LIC. #A-B 421528 MW IPS SERVICES INCORPORATED 21 . Our company shall include the provisions of our obligation to take affirmative action to employ and advance qualified : a. Disabled veterans and veterans of the Vietnam Era in every subcontract or purchase order of $10,000.00 or more, unless exempted by rules . b. Handicapped employees in every subcontract or purchase order of $2 , 500.00 or more, unless exempted by rules. 22 . Our company shall make our books, records and accounts , which relate to Contract Compliance, open to the contracting agency. THE WEST COAST'S LARGEST PAVEMENT MAINTENANCE COMPANY a Page 4 P. 0, Box 10458* San Bernardino, CA 92423-0458, (714) 794-2101 - 1-800-€326-4163 - LIC. #A-B 421528 /��y'."' ... ✓ .. w,�` � Percent Minorities of 4. Total ------------- SMSA Percent______` Does Contractor Meet SMSA Percentages? El Yes C1 No Warning Letter Issued ©ate --- Reviewed By Contract Compliance 0II77cer'--` Annual ()uatitication Dates CONTRACTS PROCESSED Date rom To Project F Dollar Arnount Contract Compliance 0"alifyinq Report For Construction Contractors and Vendors Comments AFFIRMATIVE ACTION POLICY FOR CONTRACTORS AND VENDORS Name of Contractor adopts this plan to affirm its support of a progran of equal employment opportunity, and to assUrc compliance with Executive orders 11246 and 11375, Title V11 of the Civil Rights Act of 1964, Section 503 oj- the Rehabilitation Act of 1973; the California Fair Employment Practice Act, and the implementing entity's Affirmative Action Compliance Program- This contractor agrees to. assert leadership within the community and to put forth good faith efforts to achieve full employment and utilization of the capabilities and productivity of all our citizens without regard to race, age, color, sex, religion, ancestry, national origin, marital status, or handicap. This contractor further recognizes that the effecTive'appitcation of a policy of equal employment opportunity involves more than lust a policy statement and will. the'refore. undertake affirmative action to make known that equal opportunities are available on the basis of individual merit,and to encourage advancement on this basis_ Thefollowing Affirmative Action Program is hereby established as the policy and practices of our company: Instructions: Indicate your policy by circling the applicable letter to the left of each item below.The letters are to be interpreted as follows: A- This is now a practice of our Company. 8. Our Company will adopt this policy. C. Our Company cannot or will not adopt this policy. If-C-is circled,explain reason. Use separate sheet if additional space is needed- Circle One Items 1. Our company shall recruit and hire all employees without regard to race, age, color, sex-religion,ancestry. A national origin, marital status or handicap, and will treat all employees equally in respect to compensation and opportunities for advancement. including upgrading and promotion- C Explain 2 Our company will actively use.recruitment sources such as employment agencies,unions,and schools which A have a Policy of referring applicants on a nondiscriminatory basis- C Explain 3. Our company will disseminate its affirmative action policy externally by informing and discussing it with all A recruitment sources, by advertising in news media, specifically including minority news media. and by notifying and discussing the policy with all local minority, handicapped and women's organizations and subcontractors and shall maintain records of the organizations'responses- Explain -4. Out company shall make ��otc 4fic anti cOnst,30t Pe-onal- wril:ten, and cfzf recruitment efforts dtte--t�d at ll A local minority- harid,capp--cf, ar,(j wo"Wn'Y craanazaFior r, including schools. recruitment ane ta-ri,tiq C 5- Out company shall make specific effor-Ts to encourage present minority, handicapped and women employees A to recruit their friends and relatives whose status also comes under that of minority, handicapped or women. Explain 6. Out company will maintain a file of the names and addresses of each minority applicant and female A applicant referred to the company for hiring, and if the applicant is not considered for employment or was not employed, the company's file should document this and the reasons therefor- C Explain 7- Our company shall notify the implementing entity Contract Compliance Officer when the A union or unions with whom our company has a collective bargaining agreement have not referred to the company a minority,'handicapped, or female worker sent: for by the company or the company has orher information that the union referral process has impeded the company's effort to meet the established goals of affirmative action. C Explain —C- 8. Our company will actively take steps to integrate any positions, departments or plant locations which have A no women or minorities or are almost staffed with one particular group- C Explain--c— yt 9. Our Company shall insure that all employ" specifications, selection requirements. tests,and other employee A recruitment or evaluation procedures do not discriminate against minorities,handicapped,or women- C Explain —C- 10- Where reasonable.our company shall develop or finance on-the-job training opportunities and participate and A assist in any association or employee group training programs relevant to the company's employ"needs. C Explain Our company shall continually tnven-cr-v ,it minority, handicapped, and female Oersonnel for A IPromotion opportunities and enc --* �; I �'efrl-afe efoPioyeet to ice such oppor-tunitle'. 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