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HomeMy WebLinkAboutContracts & Agreements_25-2002_CCv0001.pdf t AGREEMENT THIS AGREEMENT, made and entered into this 19"day of February, 2002, 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 R. Moody Construction, Inc., of Cherry Valley, County of Riverside, 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: To perform construction of the Barton House Seismic Retrofit project,complete,all as shown,specified,and made a pan of Contract No. 24330-7150/43012. 2. THE CONTRACT SUM OF: $ 52,900.00 3. TIME FOR COMPLETION: The work shall be completed within forty-five(45)work days from and after the date of the Notice to Proceed. 4. CONTRACT DOCUMENTS: The complete Contract includes all of the contract documents set forth herein,to wit; Notice Inviting Bids,Instructions to Bidders,Proposal and Bid Forms,Bid Bond, Agreement, Performance Bond, Payment Bond,Plans and Specifications,all referenced specifications,and any Addenda thereto. 5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 6. DEFENSE OBLIGATION: The Contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor, its employees or agents in connection with the performance of the Contractor's obligation under this Contract. 7• INSURANCE: All policies of insurance required by this Contract shall name the City, its elected officials, employees, and agents as additional insured, and such insurance shall be primary with respect to such additional insured and non-contributing to any insurance or self-insurance maintained by the additional insured. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY'S SEAL By: Mayor, City of REDLANDS County of San Bernardino, California ATTEST: City Cler , City of R; N S Count f San Bernard o, alifornia R. Moody Construction Inc Name of Contractor CON'TRACTOR'S SEAL By. /-7 ----7 Signature of Aulfiorized Agent Signatory's Title Signature of Authorized Agent (tfnecessay) Signatory's Title (if neeessar v) 774281 B Contractor's License No. WORKERS' COMPENSATION INSURANCE STATEMENT 1, the undersigned and authorized agent for the Contractor, am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' 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 under Contract No. 243300-7150143012. R. Moody Construction, Inc Name of Contractor By: Signature of Authorized Agent Signatory's Title 774281 B Contractor's License No. BOND NO. . 61 . ��U I PREMIUM : $1 ,323. 00 EXECUTED IN DUPLICATE PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and R. Moody Construction, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated February 19,2002, and identified as Contract No. 243300-7150/43012, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of FIFTY—TWO THOUSAND, NINE HUNDRED & N01100 dollars ($ 52 900.00***** ) 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 her heirs, executors, administrators, 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 her 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 therefor, there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement 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 named, on MARCH 1 2002. Bond No. 6138901 R. MOODY CONSTRUCTION, INC-(SEAL) FIRST NAT'L INS. Co. OF (SEAL) Principal Surety By: z By: Signature:-- DV71GHT REILL Signature ATTORNEY—IN—FACT Address: FET UPLAND, CA 91786 (Notarial Acknowledgments of Contraczor a-iJ Surety) Telephone: e22 920-5811 __) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s � rcrY t c� carr State of California ss, County of SAN BERNARDINO P, On MARCH 1 , 2002 before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC Name and Title of Officer(e.g.,'Jane Doe.Notary Public.) > Date personally appeared DWIGHT REILLY------------------------------ Name(s)of Signer(s) ! personally known to me ❑ proved to me on the basis of satisfactory evidence whose name isle to be the person() �) subscribed to the within instrument and acknowledged to me that he�4l� y,executed ` � A. � # _ °i� authorized Z the same in his/f��i IA capacityR , and that by his T i r£ . signature(g)on the instrument the person), or �-,20 2"_. the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. iSignature of Notary Public Place Notary Seal Above CLAUDETTE N. MARTIN OPTIONAL Though the Information below is not required by taw,if may prove valuable to persons relying on the document f and could prevent fraudulent removal and reattachment of this form to another document. ( Description of Attached Document Title or Type of Document: PERFORMANCE BOND MARCH 1 , 20021 f Number of Pages: Document Date: Signer(s)Other Than Named Above: NONE Capacity(ies) Claimed by Signet _________________ r crtr at here Signer's Name: DWIGHT REILLY--------- E- Individual ere D Corporate Officer—Title(s): 01 Partner—0 Limited E,General Attorney in Fact 0 Trustee El Guardian or Conservator 1:21 Other: Signer Is Representing: FIRST' NATIONAL INSURANCE COMPANY OF AMERICA ; Reorder.Call Tact-tree 1-800-876-6827 D 1997 National Notary Association-935 D_Soto Ave.,P.o.Box 2402-Chatsworth,CA 91313-2402 Prod.Ne 590 , ------------­-- FIRST NATIONAL INSURANCE COMPANY OF AMERICA POWER 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE,WASHINGTON 98105 4333 Brooklyn Avenue N.R. Seattle,'VVA 98105 No. 9932 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint REILLY;Upland, its true and lawful attorney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 25th day of May 1999 k)l, R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.- FIDELITY AND SURETY BONDS ...the President, any Vice President,the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (fi) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 1ST day of MARCH 2002 'Alkw , CeeR 44 P044 SEAL; 19 2 8 0 U Wyy fF was V R.A.PIERSON,SECRETARY S-1049/FNEF 7,198 5/25/99 PDF BOND NO. : 6138901 PREMIUM $1 ,323 . 00 EXECUTED IN DUPLICATE PAYMENT BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and R. Moody Construction, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated February 19, 2002, and identified as Contract No, 243300-7150/43012, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of FIFTY—TWO THOUSAND, NINE HUNDRED & N01100 dollars ($ 5 2,9 0 0. 0 0****** ) 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 herein above 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 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure 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 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 named, on MARCH 1 12002. Bond No. 6138901 R. MOODY CONSTRUCTION, INC. (SEAL) FIRST NAT'L INS. CO. OF _(SEAL) Principal Surety AMERICA • By: By: Signature Signature: D NICHT 'RE—ILLY ATTORNEY—IN—FACT Address: 60 EAST NINTH STREET UPLAND., CA 91786 (Notarial Acknowledg-rients of Contractor and Surety) Telephone:(_229 920-5811 CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. on - MARCH 1 , 2002before me CLAUDETTE N. MARTIN, NOTARY PUBLIC Date Name and Title of OKoere, { g.,`Jane Doe.Notary Public') personally appeared DWIGHT REILLY--------------------------- Name(s)of Signer(s) X personally known to me D proved to me on the basis of satisfactory c evidence to be the person(g) whose nameN) is/XrX subscribed to the within instrument and acknowledged to me that he/§fi)U0(,4 executed rf= the same in his/DWJMUr authorized capacity:S X!N, and that by his/tXYMU P `11 77'z-236 CAIL � � signature(?}on the instrument the personO, or 2 the entity upon behalf of which the person(k) acted, executed the instrument. WITNESS my hand and official seal. i Place Notary Seal Above Signature of Notary Public CLAUDETTE N. MARTIN OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying 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: PAYMENT BOND 2002 1 Document Date: MARCH 1 , Number of Pages: Signer(s)Other Than Named Above: NONE Capacity(ies) Claimed by Si ner Signer's Name: DWIGHT RILLY------------------------ ty P Individual Tod of thumb here 0 Corporate Officer--Title(s): Uj Partner—ll Limited D General Attorney in Fact ❑ Trustee El Guardian or Conservator D Other: ON Signer is Representing. . FIRST NATIONAL INSURANCE COMPANY } 0 1997 National NotaryAssocia#ion-9350 De Soto Ave.,Po.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toil-Free 1-800-876-6827 FIRST NATIONAL INSURANCE COMPANY OF AMERICA POWER 4333 BROOKLYN AVE NE URM OF ATTORNEY SEATTLE.WASHINGTON 98105 4333 Brooklyn Avenue N,F. Seattle,WA 98105 No. 9932 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint C"'I ****-**--*****DWIGHT REILLY;Upland, its true and lawful attorney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 25th day of May 1999 _4 V� R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President, any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof," 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation ,his 1ST day of MARCH 2002, Oxcr 2 1928 40, AIR R.A.PIERSON,SECRETARY S-1049TNEF 7198 5/25/99 PDF CSR DS DATE(MM/DD/YY) - ____o n CERTIFICATE OF LIABILITY INSURANC�DY-D 02/27j02 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 8181 E. KAISER BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM HILLS CA 92808 Phone: 719-221-5200 Fax:714-221-5210 INSURERS AFFORDING COVERAGE INSURED .. INSURER A: Evanston Insurance Com an INSURER B: American States R, Moody Construction, Inc. INSURER 39821 Lincoln Street INSURER Cherry Valley CA 92223 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING 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 INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE;POLICY EXPIRATION I LIMITS LTR, DATE MM/DD1YY DATE MMfDDtYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X'.. COMMERCIAL GENERAL LIABILITY CL041700664 04/30/01 04/30/02 FIREDAMAGE(Anyon-fire) $50,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 1'000 __- -- � PERSONAL&ADV INJURY $ 1,000,000 - - ----. GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 1,000,000 - ? POLICY PROC T- LOC JE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B r ANY AUTO 01-CE-912952-1 08/11j00 08j11j01 iEaaccident) $ 1,000,000 ALL AWNED AUTOS I BODILY INJURY X I SCHEDULED AUTOS (Per person) $ X HIRED AUTOS !BODILY INJURY X NON-OWNED AUTOS (Per accident) $ Comp $250_.____________ PROPERTY DAMAGE Coll $500 (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOEA ACC $ OTHER THAN AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE s $ - RETENTION $ -$ WORKERS COMPENSATION AND i TORY LIMITS: Eft EMPLOYERS'LIABILITY E.L EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE:$ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS(LOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Barton House Seismic Retrofit Contract #243300-7150/43012. City of Redlands, its elected officials, employees and agents are named as Additional Insureds per endorsement to follow from company. *10 Days Notice of Cancellation for Non-Payment of Premium. (xx/pr) CERTIFICATE HOLDER N j ADDITIONAL INSURED;INSURER LETTER: CANCELLATION REDLAN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL _ ..DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Redlands P.O. Box 3005 Redlands CA 92373 AUTHORIZED REPRESENTATIVE CROSBY INSURANCE INC. ACORD 25-5(7197} t�3ACORD CORP TION 19$8 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-S(7197)