HomeMy WebLinkAboutContracts & Agreements_262-2006_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 21"day of November, 2006, 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 Nikola Corporation of the City of Irvine,
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 Sewer Main in Mentone Boulevard, complete all as required by the Contract
Documents and Specifications for MENTONE BOULEVARD SEWER PIPELINE
PROJECT, Project No. 2-0725.
2. THE CONTRACT SUM: $582,146 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 the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The work under this Contract is to be completed within sixty
(60)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 the 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 documents under this Agreement
C)
includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions
to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond.
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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 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 Contract 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 Contract 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 Contract 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
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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) (Owner)
By:
nor, City of Redlands, County of
Bernardino, California
ATTEST:
C' Clerk,C' of edlands
ounty of San ernardino, California (SEAL)
Name ofContractor
By:
Sig ature �t gent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
MENTONS BOULEVARD SEWER PIPELINE
PROJECT, Project No. 2-0725
Labor Code, Section 3700,provides,in part that:
"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-2 9' day of—#4(4v 2006.
(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.)
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$7915.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO
ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. CAC 59801
EXECUTED IN TRIPLICATE
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands,State of California,and Nikola Corporation
(hereinafter designated as "PrincipaP') have entered into
an agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement,dated Nov. 21 2006, and identified as Construction of MENTONE
BOULEVARD SEWER PIPELINE INSTALLATION PROJECT, Project No. 2-0725 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
performance of said Project
Now,therefore,said Principal andMerchants Bonding Company (Mutual) as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"), in the penal sum of FIVE HUNDRED EIGHTY TWO
THOUSAND ONE HUNDRED FORTY SIX*******Dollars(s 582,146.00*****
lawful money of the
United States, for the�payrnent 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 part, 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 -
change, waive notice of any such
S 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
November 28 2006
Nikola 0 0 (SEAL) Merchants Bonding Company (Mutual)(SEAL)
B
au e
BY.
(Signature)
Matthew Robert Dobyus—Attorney in Fact
Address: 2100 Fleur Dr.
(,Sea[ and Notarial Acknowledgment of e Ines. Iowa 50321
Surety) Telephone( .515) 43-8171
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange ss.
On k`; O before me, Mary Martignoni – Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Natthew Robert Dobyns
Names)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
MARY MA
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
M.#143
> 1 � � i+��YPJBLtC_CALI'FO he/she/they executed the same in his/her/their
- ORANGE COUauthorized capacity(ies), and that by his/her/their
� Z ma.Up. 4 signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
ignaPNotafyPtuublic
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(les) Claimed by Signer(s)
Signer's Name: Matthew Robert Dobyns Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—El Limited ❑General
CX Attorney in Fact .To"thurnib, ❑ Attorney in Fact •
❑ Trustee ❑ Trustee Top of thumb hese
❑ Guardian or Conservator ❑ Guardian or Conservator
Other: El Other:
Signer Is Representing: Signer Is Representing:
Merchants Bonding
Company (Mutual)
(12004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item NO,5907 Reorder Cao ToH-free t-800-876-6827
PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. CAC 59801
EXECUTED IN TRIPLICATE
LABOR AND MATERIAL BOND
Whereas,the City Council of the City of Redlands, State of California,and
Nikola Corporation (hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to install and complete certain designated public
improvements,which said agreement,dated November 21 2006 and identified as
MENTONE BOULEVARD SEWER PIPELINE INSTALLATION PROJECT, Project No.
2-0725,is hereby referred to and made a part 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 payment bond with the.City of Redlands to secure the claims to
which reference is made in Tide 15 (commencing with Section 3082)of Part 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 *SEE #1 BELOW* Dollars (S_5AZI46.Wbr materials furnished or labor
thereon 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 mill and void,
otherwise it shall be and remain in full force and effect.
The surety hereby StiVUlates, 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 time, alteration
or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
November 28--_ 2006
Nikola (SEAL) Merchants Bonding Company (Mutual-) (SEAL)
or) AP-2 LL ro_&
BY.
�r
0 4%gature)
Matthew Robert 10 ynsy Attorney in Fact
B7W Address:-2100---Fleur-Dr.
De!, Dines ,Iowa �21
15,
(Seat and Notarial Acknowledgment of Surety) Telephone( 515) 243– 171
FIVE HUNDRED EIGHTY TWO THOUSAND ONE HUNDRED FORTY SIX AND NO/100 DOLLARS*
CD6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange ss.
On 1, before me, Mary Martignoni — Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public's r
personally appeared Matthew Robert Dobyns
Name(s)of Signer(s) '
$ personally known to me
❑ 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 acknowledged to me that
MARY MARTOM
oxio-
COMM. 8 he/she/they executed the same in his/her/their
NOTARY P11t31 tG
t)ONGE r authorized capacity(ies), and that by his/her/their
my Cora gyp.Sept.9, , signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seat Above
S" nature f 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(s)
Signer's Name: Matthew Robert Dobyns Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
CX Attorney in Fact ITop o"thualtblh,,. ❑ Attorney in Fact •
❑ Trustee ❑ Trustee 'Fop of thumb hexa
11Guardian or Conservator
El Other: ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Signer Is Representing:
Merchants Bonding
CoRPany Mutual)
0 2004 National Notary Association•9350 De Soto Ave.,PO.Box 2402 Chatsworth,CA 91313-2402 =Item No.5907 Reorder:Call T011-Free 1-800-876
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duty organized under
the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made.
constituted and appointed,and does by these presents make,constitute and appoint
Les Michael Mantle,Matthew Robert Dobyns
of Fullerton and State of California its true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any
and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such
instrument shall not exceed the amount of:
SIX MILLION($6,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of
said Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the'Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002.
ARTICLE 11,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the
Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 16th day of January,2006.
MERCHANTS BONDING COMPANY(MUTUAL)
• 0
.06
A
1933
By
.••d��• � lid-y
STATE OF IOWA
President
COUNTY OF POLK ss.
On this 16th day of January,2006,before me appeared Larry Taylor,to me personally known,who being by me duly swam did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seat at the City of Des Moines,Iowa,the day and year first
above written.
CINDY SMYTH
T- Commission Number 173604
Durr My Commission Expires
March 16,2009 Notary Publorc,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
1, Wiliam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 28 day of Novembqr, 2006
.-OtkG C
ZLI
1933 Secretary
ly
POA 0001 (1/06)
Recorded In Official Records, County of San Bernardino 4/2612007
�� LARRY WALKER SH° PM
RECORDING REQUESTED BY ,Mir A� Auditot/Controller — Recorder
AND WHEN RECORDED MAIL TO
R Regular Mail
Doc#: 2007-0256567 Titles: 1 Pages: 1
Name Office of the City Clerk Fees 0.010
Street City of Redlands Taxes 0.00
Other 0.0e
Address P.O.Box 3005 PAID $0.00
City& Redlands,California 92373
State
L FEES NOT REQUIRED
SPACE ABOVE THIS LINE FCR RECORDER'S USE
SEVION 6103 (NOTICE OF COMPLETION p�'� ��`��`�`�'4-1
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:
City of Redlands- Municipal Utilities Department
2, The full name of the owner is
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.
(If 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 DDRESSES Int tenants or as tenants in common are:
NAMES
g. A work of improvement on the property hereinafter described was completed on April 24, 2007. The work done was:
Mentone Boulevard Sewer Pipeline Project Project No. 2-0725
7. The name of the contractor,if any,for such work of improvement was: ovem eC 2-11 2006
Nikola Corporation (Date of Contract)
(if no contractor for work of improvement as a whole,insert"none".)
8. The property on which said work of improvement was completed is in the unincorporated area of County of San Bernardino, State of
California,and is described as follows: Mentone Boulevard (SR 38) between Wabash Ave and Opal Ave
9. The Street address of Said property is None If no street address has been officially assigned,insert"none"-)
Dated: April 24 2007 )—
Veriflcation for Inoiv,dual wrier _
ro�ec an er
Signature of owner or corporate ef`acer of owner,. s in paragraph 2 or his agent
VERIFICATION
I,the undersigned,say: I am the Municipal Utilities Director the declarant of the foregoing notice of completion;I have read
(""President of,"'manager or "A partner of, caner aP,e.c.}
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. r
Executed on April 24 ,20.07., at Redlands ,California.
(date of signature; {City where signed.;
n Ct�}a I I IeS IreC OC
i Personal signasu f the,ndm t who s swearing that the c tents f fie nc ce of
comp etlon are tri~