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HomeMy WebLinkAboutContracts & Agreements_71-2010_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT I`I►is Public Work Construction contact (-Contract-) is made and entered into this 24'11 day ot'\-lav, 2010, by and between the Cit} of Redlands, a mt.rnicipal corporation organized and existirlt') under the laws of` the State. of Califorrnia thereinafter "('ity"), and Paso Robles i`ank, Inc,. (hereinafter "(.o►1tractor"). C„rty arid Contractor are sometimes indivrdUally referred to herein as a "Party*' and, together, as the"Pasties.” in consideration of the nnrtual promises contained herein, City rand Contractor-agree as follows: I. SCOPE OF' WORK: Contractor shall furnish all materials and perform all of the work for the; following: C'onstrUCtiorl of the Replacement of C:'or,111try ClUb Reservoir No. 1, complete all iterns as required by the Contract Documents (tis herein defined) and Specitications for City's REPLACEMENT OF 0011-NTRY CIAJB RI Sf_:RVOIR NO. 1, Project No. 1-09712 (the "Work"). ?. CONTRACT SUJIM: City shall pati Contractor the sure of I it7ht Ifundred Sixty-Four Thousand Dollars (S864.000.00) as consideration for the pertorrnance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300. Contractor has the option to deposit securities with an escrow a(,lent as a substitute for retention of earnings regUirement to be withheld bN City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. "i EME 11'01R COMPLETION: The Work shall be completed Mthiri two hundred (200) calendar days from and after the date of the delivery to Contractor of a written 'notice to Proceed by City. -1. LIQUIDATED DAINVIAGES: Contractor's f iilLII-C to complete the Work within the tune allowed will result in darna<,les bein( sustained by Cit\. Such damavoes are. and will continue to be, impracticable and extremeIN dif`fiCult to determine. Accordingly. Contractor shall pay to Cit,,. or have. withheld from monies due to Contractor, the sum of Cine Thousand Dollars (Sl.000) for each consecutive calendar day in excess of`the specified thine for completion of Work. Execution of this Contract shall constitute agreement by City and C.'ontractor that One Thousand Dollars ($1,000) per day is the estimated darnage to C'ity Caused by the failure of* Contractor to complete the Work within the allowed time. Such sum is f'or liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 7. CONTRACT DOC C. MIa,NTS: 'T'his Contract irIcludes all ot'the Contract DOC-Unlents set forth herein, which it►elude the. fallowing: Notice Invitin{-Y Bids. Instructions to Bidders. Conti actor's Proposal and Bid Corm. I31d Bond. Faithful Performance Bond. Eabor and Material Bond, Plans, General Conditions. Special Conditions. Special Provisions and Specifications, and ani addenda thereto. CD I I. ci ,3i,r rt r m�its E's�cRobles. gim ON IFN his Ci. ATTORNEYS' FEES: in the event any action is commenced to enforce or interpret the terms or conditions ol'the Contract Docurnents, the prevaihno party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys` tees. includinft flees for use of'in-house counsel by a Party. 7. RESOLUI I IO ti OI" C'ONSTRt.,C"I' ON CLAIMS: (1airns by COtltraCtor in the arrIOLrnt of 5375,000 or less shall be rrtade by Contractor and processed by City pursuant to the provisions of'Part 3, chapter I, article 1.5 ofl,the Public C:;ontract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claire. Nothing ill 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. ELR"I"IBILITY OF ( ON'I'RA('TOR/SI.1I3('ON'I'RA(""I'OR: Contractor and all of its subcontractors shall abide by California Public Contractor's Code section 6109 and C'alif'ornia I_:abor 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 CONTRACT: NNo assignment by a Party of'any rights or interests under this Contract shall be binding on another Parti without the Written consent of the Party sou{ ht to be bound. 10. SUCCI'SSORS AND ASSIGNS: City and Contractor each binds itself. and their respective successors and assigns in respect to all covenants. agreements. and obli{(Yations contained in the Contract I_)oCuments. 11. SEVERABILITY: Any provision or part of the Contract DOC'llments 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 ripon City and Contractor. C'D 2 L Hca dim Robic,Agmt(2)doc 3 IN WITNESS NVUEREOF, the Parties have executed this Contract the day and year first written above. City of Redlands (SEAL) (Owner) By Mayor,City of Redlands,County of ATTEST.-ST.- San Bernardino, California City Clerk,City of Redlands County of San Bernardino, California (SEAL) Name of Contractor By:. Signature of Authorized Agent Tilt Sign ire ofAutho i d Agent(if necessary) Title Contractor's License No. Cly fAea\djm'A reementsTaso Robles A mt(2).doe This bond was issued in two (2) identical counterparts. TM FINAL PREMIUM 19 PREDICATED ON THE FINAL CONTRACT PRICE Bond No. 761 G20C� Pr err,1"um: OtS,965.Co PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California,and.rasc, Robles Tank, !no. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement,dated April 20th 1 2010, and identified as Construction or REPLACEMENT OF COUNTRY CLUB RESERVOIR NO. 1, Project No. 1-0972 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'andFi del i ty and Deposit Company of Maryland, as surety, are held firmly bound unto the City of Redlands(hereinafter call "City"),in the penal sum of Eight Hundred- Sixty Four Thousand and CO./lOo Dollars($ 864,COO,00 N 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 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 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 April 28th, 2010 2�ft (SEAL) (SEAL) Paso Robles Tank, Inc. FideZ11ityand LDe! Mary it! Com n of land or) it 0 e y BY: Si —(S paWe� Arturo Ayala, (Signature) i e -rt-1. A,. Attorney Address:acl- NT. Brand -P-Ivd Penr-llouse Suite., ,Seal and Notarial Acknowledgment of Tel ephone(ala Surety) CD-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 4Z28/10 before me, Daniel Huckabay, Notary Public Date Here Insert Name and Title of the Officer personally appeared _Arturo Ayala Name(s)of Signer(s) who 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) DANIEL HUCKABAY acted, executed the instrument. COMM.#1796314 I certify under PENALTY OF PERJURY under the laws of Notary Nory Public Califoror nia C ORANGE COUNTY LL the State of Ca'fforn' a oregoing paragraph is true My comm.Expires Apr.24,2012 and correct. Witness my ha�dl a d official Signature Place Notary Seal Above Signature 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: Performance Bond Document Date: 4/28/10 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name:_Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General 56 Attorney in Fact ❑ Attorney in Fact ❑ Trustee I OF ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Tap of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotaryorg Item x5907 Reorder:Call Toll-Free 1-800-876-6827 This bond was issued in t:wo (2) identical counterparts, TW FINAL PREMIUM I IaCATED ON THE FINAL CONTRACT PRICE Bcrd ',io. 7o1502CCO LABOR AND IVZATERIAL BLIND Whereas,the City Council of the City of Redlands, State of California, and Paso Robles Tank Inc. -- (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement,dated April 20th 2010, and identified as REPLACEMENT OF COUNTRY CLUB RESERVOIR Nd. 1, Project No. 1-0972 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 Title 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__ Dollars(S 80"4,COO.oo )for 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. * Eight Hundred Sixty Four Thousand and 00/100 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 it., 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 April 28th..,.:...2010,$ . (SEAL) (SEAL) Paso Robles Tank nc. Fidelit and posit rn ` oo actor) — pony of aryls: Sures (Signature) (Si C) Arturo Ayala-, Al -in--act Address: s0= n' _ Brand R ivu., P .thouse Sa,_e, G2 c-n a__ie. 12 03 (Seal anal.Notarial Acknowledgment of Surer (3, ) CD-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 4/2E10_ .. before me, Daniel Huckabay, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s)of Signer(s) who 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DANIEL HUCKABAY person(s), or the entity upon behalf of which the person(s) COMM.#1796314 acted, executed the instrument. Notary Public-California ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of 4my Comm,Expires Apr.24,2012 the State of Calif oregoing paragraph is true .dt and correct. Witness my nd and official I. Signature Place Notary Seal Above Signature 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: Labor and Material Bond Document Date: 4/28/10 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General 56 Attorney in Fact ❑ Attorney in Fact ❑ Trustee C' ❑ Trustee OF + ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www,NafionalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Bond No. 761502000 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 THEODORE G. MARTINEZ,Vice President,and ERIC D. BARNES.Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said ny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Daniel HUCKABAY and Arturo AYALA,bot rn* H its true and lawful agent and Attorney-in-Fact,to make,execute, seal and delive u I act and deed: any and all bonds and undertakings,and the executio un tice of these presents,shall be as binding upon said Company,as fully an S i ey had been duly executed and acknowledged by the regularl a 't ice in Baltimore,Md., in their own proper persons. The said Assistant r ere t set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- now in force. IN WITNESS W 0 e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of July,A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND e-00001�110"_ dr I.N "2 Eric D. Barnes Assistant Secretary By: Theodore G. Martinez State of Maryland : Ss' City of Baltimore I On this 19th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, 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 the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saitb,that they are the said officers of the Company asoresaid, and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly 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 my Official Seal the day and year first above written. Maria D. A damski Notaty Public My Commission Expires: July 8,2011 POA-F 012-0079A Company Profile Page 1 of 2 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results Company FIDELITY AND DEPOSIT COMPANY OF MARYLAND Information 1400 AMERICAN LANE, 19TH FLOOR Old Company SCHUAMBURG, IL 60196-1056 Names 800-382-2150 Agent for Service Reference Old Company Names Effective Date Information NAIC Group List Lines of Business back to top Financial Statements Agent For Service PDFs Annual Statements KAREN HARRIS Quarterly 2730 GATEWAY OAKS DRIVE SUITE 100 StatementsSUITE CA 95833 CA Supplements Company Complaint back to top Company Performance& Reference Information Comparison Data Company EFNAI "� 393(76 Enforcement Action Composite rnia Company ID 2471.4 Complaints Studies Additional Info rate Authonzed in California 01/01/1982 Find A Company License Status: UNLIMITED NORMAL Representative In Your Area CompanY YPe:T I Property& Casualty t� View Financial -- _ _—_ Disclaimer State cf Domrcile: MARYLAND back to top 111 NAIC Group List NAIC Group 0212 ZURICH INS GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance: For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY http://interactive.web.inSLiraiiec.ca.f7ov/Comnanvnrnfile/(-mmn2nvnrnfilP')PNiPnt=onrn-.ten ,D,- In 7 ,ompany Profile yam e 2- o f 2 ARINE M 1 SCELLAN ErN jS PLATE GLASS SPRINKL ER SuRE'rr TFAM ANO VEHIQ,-iz. NORKERS' COMPENSA7110N back to top 2008 California Department Of InSUrance ittp: j nte rac 0 v c,we nsuran ce.c a.-,,o v/c om oan v oro t'llel/('t)ii-it),-inx,ni,,-iCtif-')i,%wtit Check a License or Dome Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of I Contractors State License Board Contractor's License Detail - License # 784971 �-�:." DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law([1,'&P ,1 a Ea link;) If this entity is subject to public complaint disclosure, for complaint disclosure will appear below, Click on the link cr button to obtain complaint and/or legal action information. Per B&P ?0/? 17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number: 784971 Extract Date: 05/25!2010 PASO ROBLES TANK INC Business Information: P O BOX 3229 PASO ROBLES,CA 93447 Business Phone Number(805)227-1641 Entity: Corporation Issue Date: 09/25/2000 Expire Date: 11/30/2010 License Status: This license is current and active.All information below should be reviewed. A S ^t Classifications: A C33 aZA ,N This license filed Contractor's Bond number 8904872 in the amount of$12,500 with the bonding company Y SNP11 "ice ;,r1 ply Zl. l 'LeiN(; Effective Date: 09/29/2008 Bonding: x�tr B;r st�aeW ..i.l:Y2 1. The Responsible Managing Officer(RMO)LAWRENCE GENE WOMBLES certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date:03/02/2007 'This license has workers compensation insurance with the OLD)REf'USLIC:, t -NEf?At. !NSUPANCE(:,ORPORA'?'!ON Workers'Compensation: Policy Number:AICW96410900 Effective Date: 11/01/2009 Expire Date: 11/01/2010 14 Personnel listed on this license(current or disassociated)are listed on other licenses S* 'Mmmm MINE M712-0- -.editions c?tjse I i} 4Vac' i rt,-- Y Copyright©2010 State of California https://WNAw2.cslb.ca.�lov/Onllne,'�PrrviopQ/('I,A,1,t