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HomeMy WebLinkAboutContracts & Agreements_159-2004_CCv0001.pdf 271-6, r AGREEMENT n THIS AGREEMENT,made and entered into this day of 20LIL 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", City of Pomona, County of Los Angeles, the "Contractor". State of California, Reyes etr1ed toc asf he 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 w for the following: ark Construction of the California Street Landfill—East Side Landfill Closure Improvements, complete as required by the Contract Documents and Specifications for CALIFORNIA STREET LANDFILL — EAST SIDE LANDFILL CLOSURE IMPROVEMENTS, Project No. 3- 0536. 2. THE CONTRACT SUM: $205,670 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 thirty- five(35)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. CD 1 5. CONTRACT DOCUTNIENTS: The complete contract documents, under The Agreement, 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, Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto. 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. i 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 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. 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 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 ? IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. {SEAL} City of Redlands {Owner} By: Nfay r, City of Redlands, County of ATTEST: San Bernardino, California City Jerk, City 1' ds unty of San Bern 'no, California {SEAL} 1 `` Name'bf Contractor By: Signature of Authoriz d Agent f ,. Title ;Sign /;P1- Signature ature 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 CALIFORNIA STREET LANDFILL—EAST SIDE LANDFILL CLOSURE IMPROVEMENTS, Project No. 3-0536 Labor Code, Section 3700 provides, in part: "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 1&61) C i__ Dated this day of 20ry LA- Gam, (Contractor) Ix (Signature) t § (Official Title) (SEAL) (Labor Code Section 11361 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 BOND NO. 087 27 642 ` 2 7 0 EXECUTED IN THREE ( 3 ) PARTS M 4rVhWrea.tloCkyafftCroof&&10& &MCCIIIMftlil6adREYES CONSTRUCTION, INC. ( as'�lrifrei"`}i mteead iaito ea spoesm *busby p agrs to deeraiis! des* d to ing hmakhm wam 01 p 11re I.dyed 20--, gad ideatiiisd as ----I- -a a at CAUPOWU Na.3�is ba+�j► eed'o ad ttredt a part ba+ea�aad said Ph i is togmai w&r 60 sovw of SW WWMW 10 Cath a bond ft drt hilliff �oaf�iidpt�oct. FIDELITY AND DEPOSIT COMPANY NMI,ielttiif,laidP ad OF MARYLAND «.._ - , as strep►, aye wid an*bond aatoieCky4f20&M t(iraliaatWgdoCkollaiepeardaS4(Two Hundred Five Thousand, Six Hundred Seventy & No/1OOthA_Drdw(S 2051670.QO 1 itou awY of do UWW SWIm fort die p"ar m9 of%fth a wW ad W w be sada,in bisd a--I d er.Ow id, > Fwagla,=Nomad ,joiady W dsr%erraiia►,fin*by*Cp . Tie::Qor"i"of dris aiiipseiorr is so&fit if fire abac irmm"P&CW•Yrs at bm!ob%uvem& add. ar asrri�ss,s�is aY ttiia�c ltud t0 aad abidt i►p;aad•�and tom►tcaep ad pexfocm tleecsaerrsress,co�tioeet aad pfaioaec ie flee said advocaat atl a4►attetados t6ateof earJt av dtesais prcrrfideri,ar iris or 6*pact,a be bqt ad pstfou As titre ad is tltt attar ti060 spoc"and in A ar poW sauft a tiiW on idatt ad MWO&acrd»A dehw4 i A 1103 and sane iratatkea t�lgti,ipt+dk+esod o�iCiris,a atd ere�io�see;,as f%ft s Lte k d M deie bwoww*andrai*n*= ism i*A be aadresairs iafWJWoeatdaf5e& As a pact o[��aecaaed lrerebs►and it adeiitias tie fsot aarefWrc� ffieea sba� be incl AW coot aad n aos"atr omu ad Peas,bftft eeart+frrite s fess iaamred by ft OW in weasAW lodo id a so*abljogm AN ID he toad art coca ad isdsdad its MY 00000 taredt W& Tut may bw&y a4ml "ad s@aw an as dwmr,a mdw of*m Aswdm or ski w ft f m of ft Weeare,at.ar oo tit ra *ao It p"Kwd haswi w or do*"Wdm - - do MW siadt in=11wiia offin its oiNSWO es as tics iowL ad it*0 h "we tr fice of my 06 . airaerp,Oocteasiortr of date dwadu ar NNWAN to fire trams of dw otr b/ie w+qd or m►do it sriftat aierda&db it ota t has boo a WC"by tic Pr+tarciPrat ad meW airooe osme&an October 26th OV—0(SEAL) (SEAL) REYES CONSTRUCTION, INC. FIDELITY ANY OF MARYLAND BY: BY. - r OW OWN($jpww) ATTORNEY-IN-FACT Surety .. ; 8Q1 NO BRAND BLVD rrrrr GLENDALE, CA. 9.1203 VW and NetwW Arkruawipdkp of of Tzhoca¢(818 )409 2800 SMr) CD S F CALF S"Mtie of C allomiet ss. {;outw of ORANGE on I0-26-04 $ • BARBARA J. BMWER er. Ma..a'i�ir.ttlefsep�.-s�oe�.w�gnrtif pagan ,gppewsd OWES M BROWN 204w undy women Is w,e to be to personN whale fmwm(# left subscrted b ifw wart b eauaw t ad ada awbdgttd b me to to Burne In tem 1 41 A.►. � nd} ano t y �r C Twort#t1 skp (o)an Ste ittsbntmwt gte pees*v),or Nofagr ptttt-Cue mft ste upon befug of which the person(*) 16 6 VCu"Ma""Juim=1 hww OPnONAt Th*tVb rws bsawk,Wiuvubea:by aK a awr1+raw.m1 11 w i w the dw n"sW wad ptwwwt kAMA fanf rwaoatsM detie aarbar erobawtsit D a s r of AlbaflhW©ocupwi tt lftwTw*ofDoaerAwt PERFORMANCE BOND NO. 087 27 642 Do mmttOet: 10-26-04 NUat erofPages: ONE (1) &We"O dw-r tan Named Above; REYES CONSTRUCTION, INC. t�aper�tiste}ted by SkpW Signers tfarrte: OW-Ex K. BROW Q kxBvklw dt ❑ CopoteAW Ofter - ❑ Partner--❑ .lmiied O Genersi XXKA*nyi~ ❑ Tatmlee ❑ Chan a C.onesn"or ❑ Oster. sigrW isRAF P-4 N wig FIDELITY AND DEPOSIT COKPANY OF MARYLAND 4ll�N�mlwlu�Agaio.r..9�n.arAn.rJae.oa�oe•e►.wMtat 11�-,rr�ueiwrMuryay Pon&*LSW porh�Oa�.,eeN6G.Bar BOND NO. 087 27 642 EXECUTED IN THREE ( 3) PARTS LABM AND AT IAL ROM VPMftftt. of*oCkyafXA1 okg M Q(CWHomikmd R YES CONSTRUCTION. INC. ..�.. tft"W w des%Pmd as `vdack"M hot em10 liar>asamommwhom*pkiisni won"d ffxa*dsmipamed fad kits.wbi, am I dowdy 30 - ad idMatiW arc CALEWPONOMMAS't F LANWIM-KWOMLAMWULCLOOMNAMOVOMMMh et14L 3400 is baeby aeiees f to a■darmb a put t Mao asd 'Yfiwewtm.�deetiteasreass�sdd a�smssaty Arittrtipml im>aMgsssb+msi bssderos:�L apaia the�e at do%a*.ta►Ab a smd ad didm ppme bad via tie My oflOedtMwk 00 setattse rice shins is Whft Mft==JS undo is IM B(comamcirg WA 3eraios X=Q(FW 4 of Iiiri: m 3 of do CH Cada afdba atm of Cavomk Mmo la lmh o said PlsitM'b arra tts mdmb"n o mlv mmb may.aftum f#ittitrifr bard.mw At My of ledmWb and alt a Imboashss,,MOM�ad 466 pm o m dotstpimyd J%ffie lifi omme of tisss;ofmalaid aeaerstesst ami su.1 oil*im es aior mad clab d(cm Poet&=in dbsoaastd ***SEE BELOW *Now of my kiA grim anronrMM&O aadar die iistaatpissrnae 9 boom ooe All milt ssreepect"s"v vat or Idw to said waywM pg ft arra in= nwam scot aaas:aes#t se amo" bm matt hdk ad airs is cable so is blostdlst apes*&bea4 wS pair,is own b do face astraMnt ftoe ih cart and -in 1 dle errparw and lam iaoioft nratartioicie swororit's fim iacamed by tin:Co' of Redd ire sem►a4mbg sash obfgmiw to be aer+M M ad End by fire came:mi f r be tared as►costs w d t+s be kWh dW is tb*)K%owat dsrnais sssnrdcee 1 ***TWO HUNDRED FIVE THOUSAND, SIX HUNDRED SEVENTY AND NOJ100ths ($205,670.00) DOLLARS k g bmby opmady slpW d ad agmd tis Sk bead da hurtle d the bdt of aw asstd alit 10 M 0 R, aor*etsrisra and ooepa-Minn ded ib f* chins andtr rj& IS(GIMMU80bg:rink Scour 3062)cf Part 4 of VrvWm 3 of do to CW ss at r#w a:Int otac*o swim w their aml4W i =ynko0m dtb boo& Sbodd the o dsfition of this bond bo fogy per**=tbisr dAyaiarr sba0 becom=8 and voK abwwioa it elsak be ad re Set in fig fame and d AwL Tta samy haft sfWmbft ad mess that ace ci moM amWm of tiMrts:sawn iaa wakfaios q tba Caen of*aid aSreenrwtt or As p dop &e use Am is my mrmr affect its � band,asdit dmstearacbir waive seooice afarsryr satsiteiaa�,eroieaaioeaCtisrt, -lip t is 1 8r wbemm nrheaeoi,ft h it 1, art Drs beesst dilly acacmd bar dw ilMs3pni and m wq abyss twrtoeti.ar _2CT�OBE,R 26th_ 2 04 REYES CONSTRUCTION, INC.( FIDELITY A F MA YLAND BY: 3Y• fBR ATTORNEY-IN-FACT Surety Ad = -801 NO. BRAND BLVD GLENDA E. CA . 91203 MW ad Nosw M iUb a dgrsoew dam) Tieio#h oft t 818-4 C Q-7 fit}. CD 6 h ��e CALWOMM ALS V State of Cawnrrtia Cqrity Of ORANGE ' On 10-2604 beforeme, BARBARA J. BENDER p ,appeared OWES M. BROWN Xgpenonaly known to no tD be the persono) whose r** b/am subscribed to the wto* k%#uffWA and mea to me the her�,�hed the same in hftftMdftA* wed WI A J.6ENM Q"ckWNB), and that by hWkxNak Carnrcbeio,r#1444946 e(a}on the ir1strwnnertt the person(:),or Nobry ftdft-Cal kwft the upon beton of which the person(* lei 0"Ve,COU* OpTrox" rt of er 90 k+ra►nrde w babW At nor RKPAW by tK JW MrPWW M*N is m pecans fetkD w ft doami W and taoWplm*w hwd"W r,sMOW aW W88mbri"ar f*&*n 10 anaRrer abc�er�t Dem"m of Aftdwd Dom Tfeor7�peofDocument LABOR .& MATERIAL BOND NO. 087 27 642 DoctiawdOarte: 10-26-04 ONE (1.) Number of Pages: Sigrner(s)OtfierThan Named Above; REYES CONSTRUCTION, INC. Capat tty&sj CWMed by Signer Signer's Name: OWEN M. BROWN ❑ k'tvkkW Top d ftet hWe ❑ Corponds Ofter--TMe(s): h ❑ Partner--❑Lffibed ❑Genera! XIKAlhaeney4n Fad ❑ Tnustee 0 Gumdan or C.onm vapor ❑ Other. Suer is. y3epr ng.FIDELITY AND DEPOSIT COMPANY OF MARYLAND O108YM/OsYltel�yAMCdifRt•l3�pr8o1a11re.PA.801c'�IGZ•Gr�e�.CA9f3Y3 @• ygg PM&WSW -- R/O/AlcCl076/FMi, OW }y 5ZURICH r TI�CIS IMPCJRTANT DISCLOSURE .NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your Part. ` Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act) under this bond is $,waived. This amount is reflected in the total premium for this bond. Disclosure of Availabili of rove--for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act)with terms, amounts, and limitations that do not diger materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Coat an 's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year, for 2004, 10%of direct earned Premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from Policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States, on which United. States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. v, These disclosures are informational only and do not modify your band or affect your rights under the bond, Copyright Zurich American Insurance Company 2003 a. WE 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 M. P. HAMMOND,Vice President, and L. L. GOUCHER,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the BY-Laws of said Company, whit set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof' dwf nate,constitute and to make,execute seal and deliver, for,and on its behalf as surety, and as its act and appoint Owen M.BROWN,of Anaheim,California, its true and Im n ngs,and the execution of such bonds or undertakings ii P U11 s pursuan amply, to all intents and purposes,as ifth On said Company, as fully and the Company at its office , B ztec ged by the regularly elected officers- of in a] ��4XOr - , 1. -lThis Power of attorney revokes that issued on behall'of Owen M I ,`6 _7 r 0 " r YThe said Assistant � eC��,.at tfy a hat the extract set forth on the reverse side hereof is a true COPY of Article VI, Section 2,of the By- (im any,and is now in force, IN WITNESS WfR F the said Vice President and Assistant Secretary have hereunto sutheir names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, thbsiscribed I I th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ¢ti0 DUO By: L. L. Goucher Assistant Secretary M. P. Hammond 6'ice President State of Maryland City of Baltimore j ss: On this I I th day of February, A.D. 2003, before the subscriber. a Notary Public of the State of Maryland, duly coin rn i ssioned and qualified. came' M. P. HAMMOND, Vice President. and L. E GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledoed the execution of he same, and being by me duly sworn, severally and each for him-self deposeth and saith, that they are the said officers of the Company aforesaid, d, and that the seal affixed to he 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. written. I have hereunto set my hand and affixed my Official Seal the day and year first above O&WOO Sandra Lynn Moone.v- Notary Public My Commission Expires; January 1,2004, POA-F 012-4160