HomeMy WebLinkAboutContracts & Agreements_73-2010_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 240' day of
May, 2010, by and between the City of Redlands, a municipal corporation, organized and existing
under the laws of the State of California, (hereinafter "City"'), and South West Pump and Drilling
(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party" and, together, as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following: Construction of the certain designated public improvements project, complete,
as required by the Contract Documents ( as herein defined) and Specifications for City's Mill
Creek 4. Well and Pump Rehabilitation Project (the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of Thirty Three Thousand Six
Hundred Fifty Dollars (533,650.00) as consideration for its performance 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 agent as a substitute for retention of caniings required to be withheld by City pursuant
to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within ninety(90) calendar days
from and after the date of the delivery to Contractor of the Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
allowed will result in damages being sustained by City. Such damages are, and will continue to
be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to
City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($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 City and Contractor that Five Hundred
Dollars ($500) per day is the estimated damage to City 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. CONTRACT DOCUMENTS: Contract documents, under the Agreement, include all of the
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
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any costs and other relief, shall be entitled to recover its reasonable attorneys' fees.
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 20164.2
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 all of its
subcontractors shall 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 shall 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 and their respective
successors and assigns 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.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
Mayor, City of Redlands, County of
San Bernardino, California
ATTEST:
City Clerk, City of Redlands
County of San Bernardino, California (SEAL)
l -41C .
Name of Contractor
BY.
Signature of Authorized Agent
qAM Q
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and
(hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 2010, and identified as Mill
Creek 4, Well and Pump Rehabilitation Project 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 ($ ) 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.
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 its
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
04 0,g- 2010.
(SEAL (SEAL)
.4 lue
(Surety)
BY:
(SiunaturO (Signature)
Address:
(Seal and Notarial Acknowledgment of Surety) Telephone
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands, State of California, and
(hereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement, dated , 2010, and identified as Mill Creek 4, Well
and Pump Rehabilitation Project 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
performance of said project.
Now, therefore, said Principal and as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"), in the penal sum of
Dollars(S -) 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
A, (SEAL)
a(Come (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgment of Telephone
Surety)
BID BOND
KNOWALL PERSONS BYTHESE PRESENTS,
as Principaland
Tnsuranai!: 11- 1:,J : he W as Surety, are held and fin-n1v bound unto the City
of Redlands, hereinaFtc,iri,called City. in the sum Of 10%
-- of_ Bid Amount
dollars, for the payrnent 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 Principal has submitted a bid to said City to perform all work required under tile
City's Project.Ntill Creek 4,Well and Pump Rehabilitation Project,
NOW,THLREFORE, it'said Principal is a,,Narded a contract by said City and, within the time and
in the manner required under the heading "Instructions to Bidders" bound Nvith said Spec i fi cations,
enters into a written contract on the fc)rm of agreernem, bound with said Specifications and furnishes
the required bonds, One to ,Uarantee faithful per f-orBance and the other to guarantee payment fur
labor and inaterials: then this obliLlations shall be null and void. othenkise it shall remain in tull
force and ellect. In the eVent Stitt is brought upon this bond by said City and Jud
gnuent is recovered.
said Buren shall m all costs incutTed 1�1 said City' in such suit. including a rea,
sonable attortiev's
fee to be fixed bN the court,
SIGNED AND SEALED.this 12th da v of March 010,
Solath !Jest Pump & Drilling, Inci.SFAL) Insurance Company of the West
iSEAL)
cil parr y (Surlety)
;nratar ,r (Signature) Diane M N'kelser
Address: 11455 El Camino Real
San D--;eco, CA 92103
1reiephone(858) 350-2400
(Sea] and Notarial Acknowledgment of Surety)
F31) 1 !
No. 0004214
ICC GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
( KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized ander the laws of the State of California, Explorer
Insurance Company,a Corporation duty organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State of Texas.(collectively referred to as the"Companies"),do hereby appoint
j PAUL W.LEWIS.ANN WiLLARD,DIANE M.NIELSEN
i
their true and lawful Attemev(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008.
u r� P� pt) r
Cl
INSURANCE COMPANY OF THE WEST
" O SEA[. EXPLORER iNS[RANCE,COMP.t' 'A'
1 R 4
INDEPENDENCE CASUALTI'ANL?SURL11'COMPANY
Jeffrey b.Sweeney,Assistant Secretary J.Douglas Browne,Senior Viv_Pr;�den4
State of California ;ss
County of San Dieoo
On May 21,2009,before me,JoArut Pache,Notary Public,personally appeared J_Douglas Browne and Jeffrey D Sweeney,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 they executed the same in their authorized capacities,and
that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument
I certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_
Witness my hand and official seal_
C
oft #INM4
SM DIM OOUNW
mycommwSim
JoAnn Pache,Notary Public
RESOLUTIONS I
This Power of Attomey is granted and is signed,sealed and notarized with facsimile signatures and seals under authont_v of the following resolutions adopted by the respective
Boards of Directors of each of the Companies
"RESOLVED That the.President,an Executive or Senior Vice President of the Company,together with the Secretary or any.Assistant Secretary,are
r hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of"any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The,facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying."
CERTIFICATE
1,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force
iN WITNESS WHEREOF,I have set my hand this 12 th day of March
� � I
Jeffrey D Sweeney,Assistant Secretary
To verity the authenticity of this Power of"Attomey you may call 1-800-877-1111 and ask for the Surety Division Please refer to the Power of Attomey Number,the above
named individual(s)and details of the bond to which the power is attached_ For information or filing claims,please contact Surety Claims,iCW Group, i 1455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
1
E
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON t tq PLk {off. 20 i 0, BEFORE ME, C.WAASDORP, NotaryPublic
PERSONALLY APPEARD: Lew E. Piper
Who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that his signatures on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my d anGi offi 'al seal.
C.WAASOW
COMM.0830"
Signature: pp�
C.Waasdorp, Not cmmisat X27,2013
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON 3 Ita 110 _ , BEFORE ME, LINDA ROCRA, Notary Public
PERSONALLY APPEARED: Diane M. Nielsen
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 & acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the
person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. MINDA ROCHA
'J'�
A 'I
�2
Commission # 1777932�
cciifornicr
Notary Publdc
CieCRiverside COU1,1ty IA,
Signature'
in)da Rocha,Notary
ALL PURPOSE ACKNOWLEDGMENT
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
Mill Creek 4, Well and Pump Rehabilitation Project
Labor Code Section 3700,provides, in part that:
"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 1861)
Dated this day of - '1010.)Y i6-
A/ 7
(Contractor)
-(Signature)
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be,signed and filed by the Contractor with
the Owner prior to performing the work of the contract.)
Client#: 1720 2SOUTWES
ACORD,- CERTIFICATE OF LIABILITY INSURANCEDATE o oN�'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Desert Empire Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services,Inc. LIC#OF09643 HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
77-564 Country Club Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Hartford Underwriters Ins
South West Pump&Drilling, Inc. INSURER B: Hartford Fire Insurance
Coachella,CA 92236 Highway i 11 INSURER c: Hartford Casualty Ins.
Coach
INSURER D:
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,
LTR NS TYPE OF INSURANCE POLICY NUMBER
POLICY EFFD TE DE�TIVE POLITY EXPIRATION E(MM10DIYY) LIMITS
A GENERAL LIABILITY 22UEVJC6817 04/01/09 04/01/10 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED s300000
CLAIMS MADE ®OCCUR MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
POLICY X ,Pi , Loc 2,000,000
B AUTOMOBILE LIABILITY 22UEVJC6817 04/01/09 04/01/10 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGO $
C EXCESSIUMBRELLA LIABILITY 22RHVJC7016 04/01/09 04/01110 EACH OCCURRENCE s4,000,000
X OCCUR ❑CLAIMS MADE AGGREGATE s4,000,000
$
DEDUCTIBLE
$
X RETENTION $10000 $
WORKERS COMPENSATION AND I WC STATUMIT- OTH
EMPLOYERS'LIABILITY -
PR
ANY PROPRIETORtPARTNERIEXECUTIVE E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If yes,descritsa under ••--
SPECIAL PROVISIONS 1*ow E.L.DISEASE-POLICY LIMIT $
B OTHER All risk on 72UUMUQ5501 04/01/09 04/01/10 $2,508,586
Contractors Equip
Blanket coverage
DESCRIPTION OF OPERATIONS t LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
When required in a written Contract,the Certificate holder is an additional Insured,for
loss occuring after the Contract Is executed. The additional insured status applies only
for that period of time required by the Contract.
Job-Mill Creek 4,Well and Pump Rehabilitation
CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Redlands DATE THEREOF,THE ISSUING.,INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
P 0 Box 3005 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL
Redlands,CA 92373 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE _
ACORD 25(2001/08)1 of 2 #S150161/M130934 2DNIE Q ACORD CORPORATION 1988