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HomeMy WebLinkAboutContracts & Agreements_228-2005_CCv0001.pdf AGREEMENT THIS AGREEMENT,made and entered into this 28th day of November 2005, 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 Laird Construction Co. Inc. of the City of Rancho Cucamonga, 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 Paving Project for the 2005 Water Capital Improvement Program, complete all as required by the Contract Documents and Specifications for the PAVING PROJECT FOR THE 2005 WATER CAPITAL IMPROVEMENT PROGRAM, Project No. 1-0537. 2. THE CONTRACT SUM: $233,751.20 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 thirty (30)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. 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 Z:� 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) (Ow ner By:Mayo ,Citv of Redlands, ounty of San Bernardino,California ATTEST: City"derk,City o,!�Xq#nds County of San Bernardino,California (SEAL) Laird Go i n . , Inc. Name Contra or / By: _ Signature of u ent ,L' a v Ralph J. ice President 7d, Title November 28, 2005 Signature of Authorized Agent(if necessary) Title 165211 Contractor's License No. CD 3 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 6, 2005, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer { X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. P,E 0 WITNESS my hand and official seal. 10; Vk?0PA LORRIE POYZER, CITY CLERK 4po sea % By: CA L t F 0 Teresa Ballinger, Assistant City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust jx ) Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document- Agreement Date of Document: November 28, 2005 Signer(s) Other Than Named Above: Laird Construction Co., Inc.. Ralph J. Laird, Vice President EXECUTED IN TWO COUNTERPARTS BOND #7576958 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California,and LAIRD CONSTRUCTION CO. , INC. (hereinafter designated as Tiincipan have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement dated 20___, and identified as PAVING PROJECT FOR THE 2005 WATER CAPITAL IMPROVEMENT PROGRAM, Project No. 1.0537 is hereby referred to and made a pad 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 payrhent bond with the City of Redlands to secure the claims to Which reference is made in Title 15 (cornmencing with Section 3082) of Put 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 (S 233.751.2-0for materials furnished or labor thareon-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 fime� alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _._NOVEMBER 18 20-0_5___, *** TWO HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED FIFTY ONE AND 20/100 _LAIRD CONSTRUQQ�CO. , 'kNGSEAL) I (SEAL) FIDELITY AND DEPOSIT COMPANY 01 MARYLAND / ( �4*Signa )11 / MATTHEW P. FLAKE JSip�atim) ATTORNEY—!N—FACT f Ralph J. Laird, Zce President November 28, 2005 Addre$s: 801 N. BRAND BLVD. , SUITE, PENTHOUSE GLENDALE. CA 91203 (Seal and Notarkl Aeknowkdg=at of Surcty) Telephone( 8 18 ) 409-2800 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of orange On 11-18-05 before me, Lexie Sherwood - Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Matthew P. Flake , NAMES)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 capacity(ies), and that by his/her/their . �LEXIE SHERWflOD signature(s) on the instrument the person(s), CO .#1593951 ` NOT Puat.(C#CAAU or the entity upon behalf of which the C , , ,uLYzr person(s) acted, executed the instrument. WITNESS my hand and official 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 Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One (1) © ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 11-18-05 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAs.I.E OF RERSON;S;OR ENTiTY(IES) N/A Fidelity and Deposit Company of SIGNER(S)OTHER THAN NAMED ABOVE Maryland S 959D(4/94) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.a corporation of the State of Maryland.by WILLIAM J. MILLS,Vice President.and ERIC D. BARNES. Assistant Secretary, in pursuance of authority granted by Article VI. Section 2.of the By Laws of said Company.,N, are set forth on the h nominate,constitute reverse side hereof and are hereby te hoteilf-,, certified to be in full force and effect on the da 4odsla&ruby and appoint Richard A. COON,Charles L.FLAKE,David L.CULBjF, �v 1,FtE and Lexie 4 4`- ( , , SHERWOOD,all of Anaheim,California, EACH its true Q&,* �,t�llrnakeexecuteseal y,and as its ,41y' 46aertakings,and the and deliver, for,and on its behalf as surety, Ak execution ofsuch bonds or undertakings li, 't se �s inding upon said Company,as fully and amply,to all intents and purpos ee,a d acknowledged by the regularly elected officers of persons. This power of attorney revokes that issued on 'Iti M ei Company at its pfg the Cot Iti behalf of Richard A.,&-1=,1 ,haFD avid L.CULBERTSON, Matthew P.FLAKE,Lexie SHERWOOD,dated January 14. '1005. The said Assistant t extract set forth on the reverse side hereof'is a true copy of Article VI. q��r�,dry�does hereby certify that the Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto Subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 7th day of November, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND AAA*� ell Bv: Eric D. Barnes Assistant Secretar.v . vvilliaI111 Mills i'ice Presideiii State of Maryland ss: City of Baltimore I On this 7th day of November, A.D. 2005, before the subscriber. a Notary Public of the State of Maryland. duly commissioned and qualified. came WILLIAM J. MILLS. Vice President. and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged they execution of the same, and beim_, th and saith.that they are the said officers of the Company aforesaid. by me duly sworn.severally and each for himseli'depose and that the seal affixed to the preceding instrument is the Corporate Seat of said Company, and that (fie said Corporate Seal C and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed lily official Seal the day and year first above written. C01INUMCe A. Dunn Norariv Public My Commission Expires: July 14, 2007 POA-F 012-4150H ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium y The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003,7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%.In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your band or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 CSR DS DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE LAIRD-D 11 18j05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CROSBY INS-, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. BOX 31150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92809 1 Phone: 714-221-5200 Fax:714-221-5210 INSURERS AFFORDING COVERAGE NAIC# _- INSURED 1 INSURER A: Lexington Insurance Co INSURER B: The Netherlands Insurance Co. LAIRD CONSTRUCTION CO. CORP. INSURER C: STATE COMPENSATION I1GS.FtfN4 9460 Lucas Ranch Road INSURER D: THE TRAVELERS INDEMNITY CO Rancho Cucamonga CA 91730-5797 INSURER E: ANE.INTNL.SPECIALTY LINES INS. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING '°��r 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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ----- LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS >GE NERAL LIABILITY EACH OCCURRENCE $ lOOOOOO i -----— AMA A X COMMERCIAL GENERAL LIABILITY 1462631 03/31/05 1 03/31/06 PREMISES(Ea occurenE�ce)-1�_5006d— I— CLAIMS MADEX� OCCUR( i MED EXP tAny one person) -! $Exc luded X XCU Inc PERSONAL&ADV INJURY $ 1000000 j — - BFPD Contr L7 ab GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP OP AGG j$ 2 0 0 0 0 0 0 POLICY JX PRO-JECT LOC I — AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 $ 1000000 B X ANY AUTO BA9806063 1 03/31/05 03/31/06 tEaaccident) ALL OWNED AUTOS I BODILY INJURY $ SCHEDULED AUTOS i (Parson) X HIRED AUTOS BODILY INJURY $ i(Per accident) X NON-OWNED AUTOS ---- j PROPERTY DAMAGE $ Per accident) GARAGE LIABILITY ( AUTO ONLY-EA ACCIDENT $ _ ANY AUTO � `OTHER THAN EA ACC $_ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE $ 1000000 E occuR E CLAIMS MADE BE9023429 03j31J05 03J31J06 ' AGGREGATE $ 1000000 F17 Is DEDUCTIBLE 5 X j RETENTION $10000 ` WORKERS COMPENSATION AND X I TORY LIMITS ER EMPLOYERS'LIABILITY 0460008696-05 01/01/05 01/01/06 I E.L.EACH ACCIDENT $ 1000000 C 'ANY PROPRIETOR PARTNER'EXECUTIVEj -- Y ----- -- - OFFICER=MEMBER EXCLUDED? El.DISEASE-EA EMPLOYEE $-10 0 0 0 0 0 ! If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1000000 i SPECIAL PROVISIONS below I OTHER j D IInland marine QT6608175B934 01/01/05 03/31/06 Lsd/Rent $100,000 Ded $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Paving project for the 2005 Water Capital Improvement Program, Project #1-0537. City of Redlands is named as Additional Insured. Work Comp Waiver of Subrogation to follow from company. *10 Day Notice of Cancellation for Non-Payment of Premium. (xx/pr/wcwave) CERTIFICATE HOLDER CANCELLATION REDLAN7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL 3 0 DAYS WRITTEN City of Redlands, Municipal NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Utilities Department R 2 Citrus Redlands CA 92376 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) c�A-� RPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) POLICY NUMBER: 1462631 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11—Who Is An Insured is amended to (1)All work,including materials,parts or include as an insured the person or organization equipment famished in connection with shown in the Schedule,but only with respects to such work,on the project(other than liability arising out of your ongoing operations service,maintenance or repairs)to be performed for that insured. performed by or on behalf of the additional insured(s)at the site of the B. With respect to insurance afforded to these covered operations has been completed; additional insureds,the following exclusion is or added: 2. Exclusions (2) That portion of"your work"out of which the injury or damage arises has This insurance does not apply to"bodily in- been put to its intended use by any jury"or"property damage"occurring after: person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 10 01 ISO Properties, Inc... 2000 Page I of I LX9605 ENDORSEMENT This endorsement, effective 12:01 AM, 03/31/05 Forms a part of policy no.: 1462631 Issued to: Laird Construction Co Corp By: Lexington Insurance Co PRIMARY WORDING/NON CONTRIBUTORY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is further agreed that such insurance as is afforded by the policy for the benefit of the Additional Insureds shall be primary insurance, but only as respect any Claims, Loss or Liability arising of the Named Insureds operations and any insurance maintained by the Additional Insured shall be noncontributing. Al other terms remain unchanged.