HomeMy WebLinkAboutContracts & Agreements_49-1994_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of December . 19 94, 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 Paul Hubbs
Construction Co., Inc. of the City of Riverside, County of Riverside, State of California,
hereinafter referred to as the "Contractor".
XVITNESSETH: That the City and the Contractor, for the consideration hereinafter named,
agree as follows:
1. SCOPE OF 'VVORK: The Contractor will furnish all materials and will perform all
of the work for the following:
Construction of the Brine Pond Closure project, complete, all as shown on drawing
as specified, and made a part of Project No. 2-9513.
2. THE CONTRACT SUM: $246,434.10 in accordance with the terms and conditions
set forth in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within forty five (45)
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. CON`17RACT 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, Libor and Material
Bond, Plans and Specifications and any addenda thereto.
CD 1
6. ATTORNEYS' FEES: In the event legal al action is commenced to enforce or
I Zn
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' fee.
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.
(SEAL)
City of Redlands
(Owner)
By--`
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Redland-s-, County of
Ma—yyor-'-.ri—ty---o%-`
San Bernardino, California
ATTEST:
City Cle-L' Ci
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Con San Ber ar mo, California
(SEA
PAUL HUBBS CONSTRUCTION CO. , IN(%
Name ofretractor _"�
By:
Signatur Authorized Agent
JAY P. HUBBS, PRESIDENT
'Etle
Signature of Authorized gentCinecessaryj
'I itle
668976
n ractor's License No.
CD 2
WORKER'S COMPENSATION INSURANCE CERTIFICATION
"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."
PAUL HUBBS CONSTRUCTION CO. , ING.
Company Name Signatu
3500 PYRITE STREET JAY P. HUBBS, PRESIDENT
Address Signatory's Title
RIVERSIDE, CA. 92509 668576 - A
City, State, Zip State License Number and Class
(909) 360-3990 4/30/95
Telephone Number License Expiration Date
Dated this 28 day of DECEMBER 19 94.
CD 5
BOND t: 11132980613
PREMIUM: $2,957.00
PR *A IS FOR TRM
FAITHFUL PERFORMANCE BOND AEWLND 6 SUOJECT To A0jLXSCONTpACTTMWt
8MO ON Fk4L COWACPRCE
KNOW ALL PERSONS BY THESE PRESENTS
That Paul Hubbs Construction Company, Inc. as Contractor, and NATIONAL SURETY
CORPORATION as Surety. are held and firmly bound unto the City of
Redlands, hereinafter—called City, in the sum" of TWO HUNDRED FORTY SIX THOUSAND FOUR HUNDRED
THIRTY-FOUR AND 10/100--
dollars, for the payment of which sum well and truly to be made,we
bind 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 Project No. 2-9513.
NOW, THEREFORE, if said Contractor shall perform all of the requirements 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 it shall remain in full force
and in effect 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 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 "tensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this 29TH day of DECEMBER , 1994
PAUIL HUBBS CONSTRUCTION Co. (SEAL) - NATIONAL SURETY CORPORATION (SE-AL)
(Contractor) (Surety)
By A
l-
& 'lee— By:
(Signature) (Siina re) 0
THOMAS H. TYREL. , JR. , ATTORNEY-IN-FACT
Address: 17542 EAST 17TH STREET
TUSTIN, CA 92680
Telephone No. (714 ) 669-7621
(Seal and Notarial Acknowledgment of Surety)
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BOND 1: 11132980613
PREMIUM: INCLUDED IN PERFORMANCE BC
LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTS
That Paul Hubbs Construction Company, Inc. as Contractor, and NATIONAL SURETY
CORPORATION as Surety, are held and firmly bound unto the City of
Redlands, hereinafter called City, in the sumof TWO HUNDRED FORTY SIX THOUSAND FOUR HUNDRED
THIRTY-FOUR AND 10/100---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.
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 Project No. 2-9513.
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 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 29TH day of DECEMBER 19 94.
PAUL HUBBS CONSTRUCTION CO. (SEAL) NATIONAL SURETY CORPORATION (SEAL)
(Contractor)
(Surety)
A
Ry-_ By:
(Signature)
THOMAS H. TYRELL, JR. , ATTORNEY-IN-FACT
Address: 17542 EAST 17TH STREET
TUSTIN, CA 92780
X714 ) 669-7611
(Seal and Notarial Acknowledgment of Surety) Telephone No,
CD 4
GENERAL
POWER OF
ATTORNEY NATIONAL SURETY CORPORATION
KNOW ALL MEN BY THESE PRESENTS:That NATIONAL SURETY CORPORATION,a Corporation duly organized and existing under the laws of the
State of Illinois,and having its Home Office in the City of Chicago,County of Cook,State of Illinois,has made,constituted and appointed,and does by these
presents make,constitute and appoint
--- THOMAS H. TYRELL, JR. ---
IRVINE CA
its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to exec-ate,seal,acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 44 and 45 of By-laws of NATIONAL SURETY CORPORATION now in full force and effect.
"Article VII.Appointment sad Authority of Resident Secretaries,Attorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 44.Appointment.The Chairman of the Bond of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 45.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing
their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL SURETY
CORPORATION at a meeting duly called and held on the 29th day of June,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation!'
IN WITNESS WHEREOF,NATIONAL SURETY CORPORATION has caused these presents to be signed by its Vice-President,and its corporate seal to be
hereunto affixed this 2 2 n d day of August 1994
TYC,
0 NATIONAL SURETY CORPORATION
'r
Z SEPT 31970 X
01. 'Ki
By
STATE OF CALIFORNIA
COUNTY OF MARIN ss.
On this_2 2 n d day of Au g a_I_ , 19 9 4 before me personally came M.A.Mallonee
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of NATIONAL SURETY CORPORATION, the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal,that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
OFFICIAL NOTARY SEAL
A.KRIEGER
Notary Public—Calibrrila N-m,P.
MARIN COUNTY
My Comm.Exp. MAR 20,1995 CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN ss.
1,the undersigned,Resident Assistant Secretary of NATIONAL SURETY CORPORATION,an ILLINOIS Corporation,DO HEREBY CERTIFY that the
foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 44 and 45 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Maria.Dated the 29TH day of DECEMBER 19 14-
-
Residrut Assistant SecT t2ry
360 f I N Q
s
#Xfe ;y j AA
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ISSUE DATE(MRAtDOtYY)
,. • t
s 7t�/94
PRODUCER 0.t0 0H-LY-AR15—
The Lund Company CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
16400 Pacific Coast Hwy, , #215 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Huntington Reach, CA 92649 POLICIES BELOW.
310 592 4513 COMPANIES AFFORDING COVERAGE
(FAX 310 592 9621) COMPANY
LETTER A Fireman's Fund Ing. Co.
COMPANY
INSURED LETTER B Golden Eagle Ins. Co.
Paul Iiubbs Construction Co.
MP
& Paul Ilubbs Construction Company Inc, LETTEERNY C Continental Ins. Co.
3500 Pyrite Street
Riverside, CA 92509- L TTEAR"Y C
COMPANY
LETTER E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REG}UIREMENT,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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO I
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE{MMJDDtYY} GATE(MM1DOtYYI LIMITS
GENERAL LIABILITY _
GENERAL AGGREGATE $ 2,050,0067
X COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG. $ 2,tib(}(),0()o
CLAIMS MADE X OCCUR,: MXX80592162 4/9/94 4/9/95 PERSONAL&ADV.INJURY $
OWNER'S S CONTRACTOR'S PROs; 2,000,000
EACH OCCURRENCE $ 2,000,OOO
'FIRE DAMAGE(Any one fire) $
MED.EXPENSE(Any one person) $
AUTOMOBILE LIABILITY
ANY AUTO IwIX1180139014 COMBINED SINGLE $
T/9/94 4/9/95 LIMIT 1,(}00,000
ALL OWNED AUTO
SCHEDULED AUTOS BODILY INJURY $
(Per person)
HIRED AUTOS
NON-OWNED AUTOS BODILY INJURY $
(Per accident)
GARAGE LIABILITY t
PROPERTY DAMAGE $
EXCESS LIABILITY
UMBRELLA FORM EACH OCCURRENCE $
j €
AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION I STATUTORY LIMITS
AND PTC268732 00 7/1/94 7/1j95 EACH ACCIDENT $ 1,00{7,000
f
EMPLOYERS'LIABILITY # DISEASE-POLICY LIMIT $ 1,000,000
OTHER
DISEASE-EACH EMPLOYEE $ 1 000 000
j All risk Equipment Floater
Contractors Equipment IM953629 4/9/94 4/9/95
$2,525,000
€ Rented from Others $1€10,000
E
DESCRIPTION OF OPERATIONSILOCATIONSIVENICLESISPECIAL ITEMS
Certificate Holder is hereby named additional insured.
Above insurance is primary and non—contributing to any ins or self ins
CERTIFICATE O[Big CANCIwLLATION
City of Redlands
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
P. {7, box 300.5 EXPIRATION DATE THEREOF, THE ISSUING; COMPANY WILL ENDEAVOR TO
Redlands, CA 92373MAIL 45-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Elias Elhain FAX 909 798 7670 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED RiEPRESE141ATIVE _
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