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AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of October 1995 b
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 Layne Western
Company / Layne Environmental Services Division of the City of Fontana, 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:
I. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the
work for the following:
Construction of the Groundwater Monitoring Well project, complete, all as shown on
drawing, Contract Documents and Specification, and made a part of Project No. 3-9517.1.
2. THE CONTRACT SUM: $43,107.22 in accordance with the terms and conditions set for
in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within thirty (30) consecutive
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 and
Specifications and any addenda thereto.
CD 1
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
City of Redlands
(SEAL) (Owner}
ayoror, 1tvtfy-6f Red17ands,-Coiunty of
San Bernardino, California
ATTEST:
farx
ino, California
0.
City C-Vrk.. City lards
County of:San Be in
Layne Western Company (SEAL)
Layne Environmental Services Division
Name of Contractor
By:
Signature of Authorized Agent
District Manager
Title
Signature of Authorized Agent (if necessary)
Title
C-57 #510011
Contractor's License No.
CD 2
Bond No. U2641596
FAnMFUL "WORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS
Tlat LAYNE-WESTERN COMPANY/LAYNE ENVIRONMENTAL SERVICES DIVISION
UNITED PA(-TFTr TNCJ1PAK1rP COMPANY as Surety, am as Contras,-tor: and
the Cry of Redlands, he are and firmly bound unto
hereinafter Called City, in the SUM Of Forty-Three Thousand, Two
Hundred Anri Nnliot)------ --- ---------------------------------------
40hir�-fOrthepaymenr
01 wtucla sum well and truly to made, we bind ourselves, our heirs, exemtors, 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 Specifications entitled„
Groundwater Monitoring Well, Project NO. 3-9517.1.
NOW, TE[EREFORE, if said Contractor shall perform all of the requirenDents 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 Orden, and in the event suit is
brought upon this bond, a reasonable attorneys, fees to be fixed by the count.
PROVIDED, that any alterations in the work to be done or the materials to ' e Alrnished, which
may be made put==to the terms of said contract, shall not in any way release said Co=mctcw
or said Surety thereunder, nor shall any extensions of time granted under the provisions of d
contract release either said Contractor or saidsaid
Surety, and notice Of such alteration or extensions
of the contract is hereby waived by said surety,
SIGNED AND SEALED this 27th day Of October 1995
LAYNE-WESTERN COMPANY/LAYNE (SF—kL)
KN','PRONMENTAL SERVICES DIVISION- UNITED PACIFIC INSURANCE COMPANY (SEAL)
,%1'(CO /7
(Surety)
V
BY:
(Signse) '
-(Signaaire)
Debra J. Scarborough, Attorney-in-Fact
Address: 4 Penn Center Plaza
" 19103
(Seat and NOUVY41 Acknowigdg"UM of&arty) Telephone No. 215 ) 864-4000
CD 4
STATE O -SAS
COUNTY OF JOHNSON
Band No. U-2641596
On October 27,1995,before me a Notary Public in and for the above county,personally appeared Debra J.
Scarboro to m perso ly known, who, berg by n e duly sworn,;did Mate that'he she €�Attu ney in fact
of United Pacific Insurance Conn any , a corporation organized and existing under the laws of the State of
Pennylvania,that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the
instrument was signed,sealed, and executed in behalf of said corporation by authority of its bard of-Directors,
and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said
corporation by fter voluntarily executed;
IN `1Tt`E S WHEREOF,I have hereunto subscribed my naive and affixed my official seal the day and year
first above written.
fAF:-,,DX
A.=L/
NoVir y Public
Bond No. 02641596
LABOR AND MA BOND
KNOW ALL PERSONS BY THESE PRESENTS
That LAYNE-WESTERN COMPANY/LAYNE ENVIRONMENTAL SERVICES DIVISION as Contractor, aW
-- UNITED PACIFIC INSURANCE COMPANY — as Surety, are hold and firmly bound unto
the City Of R=ilandS, htrCinafier called City, in the SUM Of Forty-Three Thousand, Two
Hundred and No/100--------- ($43,200.00) doll=for payment Of which sum well.and wily
to be made, we bind ourselves, our heirs, executors, administrators, S=essors, and assigns,
jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into tbt_- annexed contract
with said City, to perform all work required under the City's Project No. 3-9s17.1.
NOW, r ZEFORE, 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 perforniance 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 27th day of October 19 95
LAYNE-WESTERN COMPANY/LAYNE (SEAL) (SF AL)
ENVIRONMENTAL SERVICES DIVISION UNITED PACIFIC INSURANCE COMPANY
(CO (Surety)
BY:
k
(Signature)
Debra J. Scarborough, Att8�ey-n-Fact
AddreSS: 4 Penn Center Plaza
Philadelphia, PA 19103
(SBal and Mo=rtat AcbwwUdgmenr of&arty) Telephone No. 0215 ) 864-4000
CD 5
STATE OF KANSAS
COUNTY OF JOHNSON
Bond No. U2641596
On October 27. 1995 . before me, a Notary Public in and for the above county, personally appeared Debra J.
Scarborough to me personally known, who, being by me duly sworn, did state that he/she is Attorney in fact
of United Pacific Insurance Company a corporation organized and existing under the laws of the State of
Pennsylvania,that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the
instrument was signed,sealed, and executed in behalf of said corporation by authority of its Board of Directors,
and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said
corporation by her voluntarily executed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year
first above written.
T TR
RUDI A.STORESUND
Exp,
My Commission Expires: bly MIA
Notary Public
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
'UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL MEMNITY CONfPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called 'the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Kevin D. Kalish. Cynthia A. Whitehouse, Katherine D. Corder, Debra J. Scarborough, Kathy M. Loftus., of Kansas City,
Missouri their true and lawful Artorney(s)-i r,Fact, to make, execute, seal and deliver for and on their behalf. and as their act and deed any and all
bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sewed and attested by one other of such
officers,and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article V11 of the By-Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Ovoctom the PrONKIOM the CJ%Aw"%Sn Of the Board,WY Sono vice P"oodionit.any Vice President:ot Asawant Vicar Preowdent or Oth.*it),--deavneted by mor Board of
Dvoction,shoo have piewor and outhontif to(a)appoint Attoryerytal-infect and to authorize own to execute on behalf Of the COnrioArly,bonds"undone"*.mcoortZonic".comaciat of indomorty
and adrea ermonge obegstory In the notioe thereat,and(a)to remove any each Ancerery(sHiri-Foct at any time and revoke the pInver and Ioxhointy qnren to them.
2. Attornev(SHn-Fect atiall have powee,and atxhartry,oub"wit to the tomo and imidsoone,at the Fomrw of Attomay oqoxd to them. to traecLas,deavor on behalf of the Cornowy,bond*
end undonakiih;pc rocogrutancow,contracts of widenrewn,and otter writiogrio obbootory in the house,thereof. The cotpIxirto**of io not necoosory, for the v"ty at any bonds
tocograzanibot,comacts Of Indemnity and otter writurnis obiogatoity in the nituxo treavot.
3. AnceneytoHn-Fect shad have power and foirthonty, to infactAs affidavits radiated to be arrt*chod to bods,facognaaric". contracts of oridernruty or other condritronai ot odAgwoty
widortakiew and they*%as afte,he"power and&Ah0htV to comfy the,financial statement at the Carina"and to copies of the By-Laws at the Company at any,article or section thereof.
Thiia Powat,of Attorney of signed"sealed by tiocsomilif undw and by atitharity,of the following resolution adopted by tho Executive and Finance Committees at the Boards of Ovoctory of Rokance
kworierIce Company. United Pacific Insurance Company and Flokance, National Indemnity Cornpony, by Unammotat Consent dated to of February 28, 1994 and by the Executive and Finariimoi
Committee of the Board of Ovectora of Rehance Suety Company by Unentmato Coreemit dated"of March 31,1994.
'Resolved the the#Vnebareo of such derectors and officer"the east of the Cornqwvy may be affixed to am,such Powe of Attorney or any cortificatee relouno thereto by
Ie,Or ile,and any such Paver of Attorney of cormi"IN b*Anry fouch facsimile toonatior"or facsomito",w shoo tie valid "amairy upon the Company "any such Pinyor"
executed and ewUfwd by faceim"sognartwes and facipenno"at"I be valid and binizorn wition the Company,in the tutee with respect to any bond or Lioxfortabuni;to which 9 io
atLoaiiaid.'
IN WTTNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 6,
1996.
Qvit RELIANCE SURETY COMPANY
4;� J� RELIANCE INSURANCE COMPANY
I. Iola, 4.
0 #r CA4, *
Q UNITED PACIFIC INSURANCE COMPANY
0
it L
SIEL." S Ed L RE- ATIONAIL)NDEMNrTY COMPANY
Z
Z SEAL 1*30
"fc.
*'a
AW
STATE OF Pennsylvania
COUNTY OF Philadelphia 1i ss.
On this, March 6, 1995, before me, Valencia Wortham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive
Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
NOTARIAL SEAL
VALENCiA WCIRTHAM.Notary PUt4C
CrIy 0( prifladqiphizr. Pisa.Gau h Notary Public in and for the State of Pennsylvania
'06 r Residing at Philadelphia
My Opmmissfon Excires,Noy, 10, 1 V
1, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this y o 19
Secretary
Q111 at.4, IA 4f
'a
sy—ki,
SF-AL
Recorded in Official Records, County of
San Bernardino, Errol J. Mackzum, Recorder
RECORDING REQUESTED BY No Fee
AND WHEN RECORDED MAIL TO
Doc No . 19950437965
09 : 12am 12/21 /95
Name Office of the City Clerk
City of Redlands
Street
Address P O.Box 3005 005 1048081 01 05
City& Redlands-California 92373
State EA
L 5 6—
NON ST LN SVY CIT-CO TRANS TAX NO FEE CHRG 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 'JU-11 nacne of the owner :IS Cily offedlands - 'I'vIunicipa; Utilities venal tprient
3. The full address of the owner is P.O. Box 3005
Redlands CL 92373
4. The nature of the interest or estate of the owner is; In fee.
(if other than tee,striKe In Tee and Insert,I "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
& A work of improvement on the property hereinafter described was completed on December 5, 1995. The work done was:
Groundwater Monitoring Wells, Project No., 3-9517.1 ..
7. The name of the contractor, if any, for such work of improvement was: Layne Western Company
October 17, 1995
(If no contractor for work at improvement as a whole.insert 'none" (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Redlands
County of San Bernardino, State of California, and is described as follows: Located in the City of.Redlands, California
Street Landfill, and on Alabama Street approximately feet north of Palmetto Avenue
9. The Street address of said property is 1950 Nevada SW Redlands CA 92374
(if no street address has been oniciaily assigned,
Dated: December il. 159-9
verification for Individual
N
Elias Elhazin, Project Manago
Signature of owner or corporate officer of owner names In paragraph 2 or his agent
RECORDER'S MEMO:
i!�
pM RECORD DUE TO QUALITY
VERIFICATION OF ORIGINAL DOCUMENT
1, the undersigned, say: I am the Municipal Utilities Director the declarant of the foregoing notice of completion: I have read
i-preSIG6,11 uj, r1--y- of' A Panne'01, arh.,ot,erc)
said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 14 19 95at Redlands California,
(Date or signaturei — (7,ty where—Sigred J
Gary G. help U cipail Utl S Director
that the contents of the notice of
(Persona! signature ffhe Andi vidual who IS sw
completion are true