HomeMy WebLinkAboutContracts & Agreements_218-2006_CCv0001.pdf AGREEMENT
THIS AGREENIENT,made and entered into this 19"day of September,2006by and between the City of
Redlands. a Municipal Corporation, organi/ed and existing under the laws of the State of California,
hereinafter referred to as the "City", and Rymax. Electric, Inc., of the City of Upland , 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 to perforin
construction of the Sports Park Lighting project,complete,all as shown,specified,and made a part of
Contract No.240300-7256/47005-2.
2. For the Contract Sum of$435,084.00 in accordance with the terms and conditions of the Contract
Documents.
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
the City pursuant to and Escrow Agreement.
3. Time for Completion. All design work shalt be completed within one hundred and twenty(120)work
days from and after the date ofthe notice to Proceed.
4. Liquidated Damages.Failure oftheContractorto complete the workNithin the time allowedwill 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 MOmeS
due it,the sum as set forth in the General Provisions 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 the liquidated
damages amount 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 Conti-tactor if such delay occurs.
5. 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.
6. 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.
7. Defense Obligation. The contractor shall defend the City, its elected officials, officers, agents, and
employee,,;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.
8. Insurance. All policies of general liability and business automobile insurance required by this contract
shall name the City,its elected officials,employees,and agents as additional insureds. Any insurance
required under this contract shall be primary with respect to the City and non-contributing to any
insurance or self-insurance maintained by the City,
CD-1,5
4. Resolution of Construction Claims. Claims made by the Contractor in the amount of S375.0(i0,00 or
less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the
Public Contract-,code tcommencing with Section 20104), All claims shall be in writingand include the
documents necessary to substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code
Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case
from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201,if the City receives a third party claim in relation to this
Contract, theCity shall timely notify the Contractor. The City shall be entitled to recover reasonable
costs incurred in providing the notification required by Public Contract Code section 9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor 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.
11. 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.
12. Successors and Assigns. '17he 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.
13. 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 the City and Contractor.
CD-16
IN WITNESS WHEREOK the parties hereto have executed this Agreement in duplicate on the day and
year first written above.
CITY SE.4 11
By:---
Xa-yor,City of Redlands
County of San Bernardino,California
ATTEST:
City C*rkl City of Re4fa 's
CoLr6y of San Ftcmar"i, lifsrraia
Ryrnax Electric, Inc.
Name of Con ctor
Co TR 4 CI 0 R S FA f- By-
Signatur of Authorized Agent
President
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (�f*nere.ssary)
621770
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
SPORTS PARK LIGHTING
CONTRACT No. 244200-7256/47005-2
Every employer except the State,shall secure the payment of compensation it,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 Workers'Compensation or to undertake self-insurance in accordance with the provisions
of that Cade,and I will comply with such provisions before commencing the performance of the ivork of this
contract. (Labor Code Section 1861)
octoloer 6, 2006
:sate
Rymax Electric, Inc.
Nan�� of% u�tor �
F
i l
S atur-of Authorized agent
President
Signatory's"Title
621770
Contractor's License No.
PREMIUM ISCONT Bond No: CE2961
AND IS SUBJECT TO ADAISTMENT Premium: $8,702.00
USEO ON Eva CONTRACT P"
PERFORNLA,NCE BOND
WHEREAS, tllc City Council of the City of Redlands,State of Califamia(hercinafter designated as City),
and Amax Electric Inc
(bereinafter designated as Principal) have entered into an
agreement whereby Principal agrees to install and,complete certain designated publie imlwovoutents,which
by said agreement dated September 19,2016,and identified as CcmtractNo.240-100-7256/47005-2,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 faitUtd,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 stun of Four Hundred Thirty ZiLve, Thousand Ejht * .d&lars
(S 435,084.00 _ )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 thc'SC presents.
The condition of this obligation is such that if the above bounded Principal.,his or her heirs, executors,
administrators,successors or assigns,ihall 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
the Tin provided,or his or her part,to be kept and performed at the bine and in the manner therein specified,
and in all respects according to their true intent andmeaning.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-, otberwiie it-shall be and remain in JIM force and effect. *Four & no/100
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 attorneys fees incurred by the City in
successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendeted.
The surety hereby stipulates;and agrees that tio change,extension of time,alteration or additioa to the terms
of the agre=cnt or 0 the work to be performed thereunder or*e,4,)ecif5caij6"s accompanying the erne
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 WJTNESS VvWREO'F, this instrument has been duly executed by the Principal and surety named,
Oil October 5 2006. Bond No.
Rymax Electric, Inc Contractors Bonding and Insurance
(SEAL) QgmPapx
Y: By: Cc�
-�i-WuT. Sit-nature Joan M. Wynn
Address: 111 Pacifica, Suite 350
Irvine, M 92618
of rrim;pai and Surety) Telephone-. C_249 341-9110
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STATE OF California
SS.
COUNTY OF Orange
On1_QQ�jbefore me, R. Haas-Bates, Notary Public
PERSONALLY APPEARED Joan M.Wynn
personally known to theyrXcg �gtr}tt � €
x6kd=xo0 to be the person(jv whose name(x)islkpe subscribed to the
within instrument and acknowledged to me that$edsheAlbpy executed
the same in*fir1*j#Xauthorized capacifi(k,o,and that
signature(x)on the instrument the person(X), or the entity upon behalf
of which the person(X)acted, executed the instrument. R. HAAS-BATES
OTARY PDX-C7&TORNLA
WITNESS Iny hand and official seal. ORANGE COUNTY 0
COMM.EXP.MARCH 2D08y�
Signature �� � J�
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNERS OTHER THAN NAMED ABOVE
ID-1232(REV.5/at) ALL-PURPOSE ACKNOWLEDGEMENT
r .
State of California
County of fisn RaRIGHT THUMBPRINT(Optional)
rn��...a;��
On - 7""-a 6� before me, Allen Treichel - Notary P ibHe
MATE) _Notary
OF OFFICER•i.e.-JANE DOE,NOTARY PUBLIC-) 4
personally appeared , , ;, o
(NAME(S)OF SIGNER(SI)
CAPACITY CLAIMED BY SIGNER(S)
CINDIVIDUAL(SI
°CORPORATE
personally known to me -OR- E) roved to me on the
OFFICER(S)
asis of satisfactory (TITLES)
evidence to be the OPARTNER(S) °LIMITED
person(s) whose name(s) °GENERAL
)s/are subscribed to the OATTORNEY IN FACT
within instrument and OTRUSTEE(SI
acknowledged to me that 0GUARDIAN/CONSERVATOR
he/she/they executed the °OTHER:
same in his/her/their
ALLEN TREICHEL authorized capacity(ies),
co"U13UC-4ALIFORNLA0 and that by his/her/their
25061
NOTARYPUBL)C C SIGNER IS REPRESENTING:
SAN BERNARDINOCOUNTY O signature(s) on the (Name of Person(#)orEntity(ies)
COMKEXP.JULY 14.2UD7 instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument, RIGHT THUMBPRINT(Optional)
Witness my hand and official seal.
(SEAL) / LL
(SIGNATURE OF NOTARY)
CAPACITY CLAIMED BY SIGNER(S)
CINDIVIDUALIS)
OCORPORATE
ATTENTION NOTARY
OFFICER(5I
The information requested below and in the column to the right is OPTIONAL mTus)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any CPARTNER(S) °LIMITED
unauthorized document. OGENERAL
CATTORNEY IN FACT
THIS CERTIFICATE ride or Type of Document __ CTRUSTEE(SI
MUST BE ATTACHED CGUARDIANICONSERVATOR
TO THE DOCUMENT Number of Pages Date of Document COTHER:
DESCRIBED AT RIGHT: `
Signer(s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Persons)or Entity("res)
WOLCOTTS FORM 63237 Rev.3.94(price class 8-2A) ®1994 WOLCOTTS FORMS,INC,
ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITYtREPRESENTATION/TWO FINGERPRINTS
Bond No: CE2961
Premium: Included in Performance
Bond
PAYMENT BOND
W-MREAS, the City Council of the City ofRcdlgLnd.%r State of California(hereinafter designated as"City"),
and Inc. (hereinafter designated as "Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public improvements,which
bysaid agreement dated SMjemher 3 9,2 D06,and identiPed as Contract No.240100-7256/47005-2,in hereby
referred to and made a part hereof,and
WHEREAS, under the terms of said agreement.Principal i,%required before entering upon,the performance
of the work,to furnish a good and sufficient labor and material payment bond,with the City to secuze the
claims to which reference is made in Title I S(commencing with Section 3082)of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW,TIMRAVORE, said Principal and the undersigned as corporate surety,are held and fulidy bound
UnlbO the City=d all COntrUtOrS,SUbCOtt"CtOrl,ldbomrs,ruaterialmen,and arty 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- Four Hundred Thirty Five Thousand Eighty* dollars
(s 435,084.00 —)for mawrials furnished or labor thereon of any kind,or for amounts
due under the UTbamploytrient insurance.,act with respect to such work or labor,that said Surety Will Pay the
sante in an amount not exceeding the amountherein 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 attomcy%q 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 judgment therein rendered.
It iv hereby expressly stipulated and agreed that this boitd;vhall Mure 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 DM cion 3 of the Civil Code,so as to give a right ofaction to them or their assigns in any suit brought
upon this bond. *Four & no/100
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be anal 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 agrectnent or to the work to 15c perfbrrncct thereunder or the specificatiowk accompanying the same
shall in agnosia affect its obligations on this bond,and it does hmtry waive notice of any such change,
extension of time,alteration or addition to the terms orthe agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named.,
October 5 .2006. Bond No. CE2961
Rymax Electric, Inc, Contractors Bonding and Insurance
(SEAL) Company (SEAL)
Print' I
IP& Surety
By.
—Z
0
Signi:111 PJoan P.4ynnuite 350
I
Address: aci S
Irvine, CA 92618
(Notmied Ackwvftdamemv nf PrirwW*nd$araty) Telephone, Q49
341-9110
= 20
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STATE OF California
SS.
(`OU,,\'TY OF Orange
_ before tire, --R.--Haas-Bates, Notary Public
PERSON,ALLYAPPF-ARED Joan M.Wynn
personally known to
xk*xM to be the person(.0 whose name(X)islkw.subscribed to the
within instrument and acknowledged to me that kajshejf -executed
the same in*k1herl*Oxatithorized capacity ct,Burd that k,,ft/her/jjxk
4ignaturd on the instrument the person(X,),or the entity upon behalf
HAA E
o which the person(X)acted, executed the instrument. �
p ( 1 =t c
2 r `z'43 }A{p,p�
`QWORIN
571iVESS mY hand and official seal. ; " E COUNTY
rs .EXP.MARCH 2.2008
SignatrarP
This area for Qfticial kotarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
-ffLE(s)
PARTNER(S) D LIMITED
El GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
U OTHER:,
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OP PERSC.N(SI-OP ENTiTY(IESt
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232 REV 501) ALL—PURPOSE ACKNOWLEDGEMENT
State of California
County of RIGHT THUMBPRINT(Optional)
,,, F2o,:,, �dir�n
On
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°. G� before me, Allen Treichel - Notary P b is
(DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC'1
Personally appeared — Tz AAJ
(NAMEIS)OF SIGNERiS{)
CAPACITY CLAIMED BY SIGNERW
❑INDIVIDUAL(S)
❑CORPORATE
,?personally known to me -OR- Elproved to me on the
basis of satisfactory OFFICERS! (TITLES)
evidence to be the ❑PARTNER(S) ❑LIMITED
person(s) whose name(s) ❑GENERAL
Is/are subscribed to the ❑ATTORNEY IN FACT
within instrument and ❑TRUSTEE(S)
acknowledged to me that ❑GUARDIAN/CONSERVATOR
he/she/they executed the ❑OTHER:
ALLEN TRi=iCHEL same in his/her/their
la2so6, authorized capacity(ies)
NorARYPUBuccAuroRN(Afl and that by his/her r
UNTY /thei
STONER IS REPRESENTING:
-SAN BERNARD(NO CO0
� COMMt.EX?.JULY 14,2007-+ signature(s) on the (Name of Person(s)or Entity(ies)
)nstrumentthe person(s),
or the entity upon behalf
Of which the person(s)
acted, executed the
instrument. RIGHT THUMBPRINT(Optional►
Witness my hand and official seal.
T
(SEAL)
�r $
(SIGNATURE OF NOTARY)
CAPACITY CLAIMED BY SIGNER(S)
❑tNDIVIDUAL(S)
ATTENTION NOTARY ❑CORPORATE
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL. (TITLES)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED
unauthorized document. CIGENERAL
THIS CERTIFICATE Title IN FACT
or Type of Document ❑TRUSTEE(S)
MUST BE ATTACHED ——----- —
TO THE DOCUMENT Number of Pages Date of Document ❑GUARDIAN/CONSERVATOR DESCRIBED AT RIGHT: ❑OTHER:
-
Signer(s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(*)or Entity(ies)
WOLCOTTS FORM 83237 Rev.3.94(price class 8-2AI 1984 WOLCOTTS FORMSINC.
ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPSiSENTATIONITWO FINGERPRINTS
Recorded in official Records.County of San Bernardino 2/2112007
__
�' LARRY WALKER 2:17 PM
RECORDING REQUESTED BY , nnry*�
FV
AND WHEN RECORDED MAIL TO: � A, Auditor/Controller — Recorder
R Regular Dail
CITY CLERK
CITY OF REDLANDS DOC##: 2007—0111260 Titles: 1 Pages: 1
35 CAJON STREET
P.O. BOX 3005 Fees 0.
�� Taxes 0.00
REDLANDS CA 02373 other 0-00
PAID $0.00
nts "OT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103 NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,this notice must be filed within 10 days after completion of work. 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:
2. The full name of the owner is: CITY OF REDLANDS
3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005
REDLANDS CA 92373
4, The nature of the interest or estate of the owner is; In fee.
5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:
NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on January 30,2007. The work done was:
Redlands Sports Park Street Improvement Street Light Rewire
7. The name of the contractor for such work of improvement was: Rymax Electric
1315 East 9`' St; Upland, CA 91786 November 27, 2006
(Date of Contract)
8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of
Califomia,and is described as follows: Redlands Sports Park Phase 1
9. The street address of said property is: City Right of Way-San Bernardino Avenue between Wabash Avenue and
Dearborn Street.
Dated:February 14, 2007
Senior Civil Engineer,Public Works Department,City of Redlands
VERIFICATION
!,the undersigned,say I am the Public Works Director of the declarant of the foregoing Notice of Completion,and have read 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.
Executed on January 31,2007,at Redlands,California.
Public Works Director,Public Works Department,City of Redlands