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HomeMy WebLinkAboutContracts & Agreements_31-2005_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this Ist day of March -, 2005, 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 Special Services Contractors Inc. of the City of Paso Robles, County of San Luis Obispo, 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 for the following: Construction of the 2004-2005 Water Capital Improvement Program Replacement Project, complete, as required by the Contract Documents and Specifications for the 2004-2005 WATER CAPITAL IMPROVEMENT PROGRAM REPLACEMENT PROJECT, Project No. 1-0537. 2. THE CONTRACT SUM: $1,833,748 in accordance with the ten-ns 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 270 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. 5. CONTRACT DOCUMENTS: 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. CD I 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the Z.� 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. 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 Contract 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 Contract 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 lights 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 pall 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 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By: ayo , City of Redlands, dounIty of San Bernardino,California ATTEST: ✓ $ r City,elerk, Cit=11t�� sCounty of San California (SEAL) Name of Contractor By: Signature of Authorized Agent ELY- Title Signature of Authorized Agent (if necessary) Title Li 1 -- Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department 2004-2005 WATER CAPITAL IMPROVEMENT PROGRAM REPLACEMENT PROJECT Project No. 1-0537 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 2005 ell if—Vi-1 (Signature) 74— (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.) CD 4 Bond #: 6045712 Premium: $18,804.00 PERFORTMAINCE BOND Whereas,the City Council of the City of Redlands, State of California,and Special Service Contractors, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated March 2 20 05, and identified as Construction of the 2004-2005 WATER CAPITAL EVIPROVEMMINIT PROGRAM REPLACEMENT PROJECT,Project No. 1-0537 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 faithful performance of said project. First National Insurance Now,therefore,said Principal and Company of America as surety, are held firmly bound unto the City of Redlands (hereinafter call"City,*'), in the penal sum of One Million Eight Hundred Thirty–Three Thousand Seven Hundred ** Dollars(S 1.833,748.0() 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- ** Forty–Eight 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, office f s,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 seu,?rcd hereby and in addition the face amount specified therefore,there shall be included cosis and reasonablo expenses and fees, includi­,-reasonable attorney's fees incurred by the City in succes�f-ifly enforcing such obligation, all to be tax,,-cl as costs and included in any judgment rendered. The SWU,tV hereby stipulates and `!=,,u no change, extens,., rnc, alteration or add, terms of the agreement or to the work to be performed thereunder or ffie specifications accomp­Iylrlil'-t(I c 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 arch 4 05 (SEAL) -st National Insur,-.t - (SEAL) SpetI'Lal Service Contractors, Inc.Se Comp pmy of America �( trg r� Su to ty) � u BI=- (Signature) Sign e tacy-M-115vis, Attorney–in– First NatioraIns ance Company of America fact Address: 400 or Boulevard Pleasant Hill, California 94523 (Seal and Notarial Acknowledgment of Telephone( 925)__969-2044 Surety) CD 5 POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO- OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE,WA 98124-1526 PO BOX 34526 SEATTLE,WA 98124-1526 Na. 10866 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint DIXON WRIGHT;ERIC'ALTMAN;STACY M.DAVIS;Novato, its true and lawful attoimey(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 30th day of January 2003 CHRISTINE MEAD,SECRETARY MIKE MGGAVICK,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 (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, Christine Mead, 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 4 day of March 2005 We - SEAL 1928 40 OP WA • 410 CHRISTINE MEAD,SECRETARY S-10491FNEF 7/98 t A registered trademark of SAFECO Corporation 01/3012003 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of Marin On March 4, 2005 before me, Brittany L. Spencer, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared Stacy M. Davis. NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized BRITTANY L. SPENCER capacity(ies), and that by his/her/their COMM. #1524154 Z ¢ Notary Public •California signature(s) on the instrument the person(s), Z Marin County ° or the entity upon behalf of which the M- Comm.Expires Nov.2,2008 person(s) acted, executed the instrument. WITNESS my hand and official seal. iy GNATU E OF NOTARY 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 OR 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) First National Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE of America 8D-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 ^ . - . U��8�~ �� ������U��UU �� IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING TERRORISM RISK INSURANCE ACT OE2002 THE As a surety bond customer Of one of the SAFECO in3UrOOog CO0pUOi8S (SAFECO Insurance Company of America, General |DSVr8Ou8COmpaOyOfA0erC8. Fir[tN8tioOal Insurance Company, American States Insur- ance Company or American Economy Insurance C00pamy), it is our duty to notify you that the Terrorism Risk iOsU[aOCe Act of2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement Of certain surety bond losses bythe United States government under Dformula established bythis Act. Under this formula, the United States government pays 90% Of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. LUoa8S on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bOnd, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. Bond #: 6045712 Premium: included in Perf. Bond LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California, and Special Service Contractors, Inc. . (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement, dated March 2 2005, and identified as 2004-2005 WATER CAPITAL IMPROVEMENT PROGRAM REPLACEMENT PROJECT, Project No. 1-0537 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 One Million Eight Hundred*Dollars ($1,833,748)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 successfadly 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. * Thirty—Three Thousand Seven Hundred Forty—Eight ,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 th e = r=on of this bond betoil,--, p!Hrorrned, then this obll, : 7;,,;11 shall become null an"I 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 Ms :::nnent has been duty eXCCL11e-,,,i by the Principal and surety above named, on March 4 _20- 05 (SEAL) First National insurance (SEAL) Co!24uy KA Americp=� C--------4YI urety BY: t (Signa re)Stacy Davis, Attorney— Com f in—fact First National In 'tran Company of America Address: 40 for Pleasant Hill, California 94523 (Seal and Notarial Acknowledgment of Surety) Telephone(925) 969-2044.. CD 6 SAFECO- POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE,WA 98124-1526 PO BOX 34526 SEATTLE,1VA 98124-1526 No, 10866 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint DIXON WRIGHT;ERIC ALTMAIN;STACY M.DAVIS;Novato, its true and lawful atlomey(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 30th day of January 2003 r i�t CHRISTINE MEAD,SECRETARY MIKE MCGAYICK,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 (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-aftomey 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, Christine Mead, 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 4 day of March 2005 oce SEAL 1928 .0, CHRISTINE MEAD,SECRETARY S-1049/FNEF 7.198 0 A registered trademark of SAFECO Corporation 01130/2003 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On March 4, 2005 before me, Brittany L. Spencer, Notary Public DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC" personally appeared Stacy M. Davis, , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized BRtITJtNYI. SPENCER capacity(ies), and that by his/her/their 0. ; � COMM, #1524154 Z Z} Notary Public . California signature(s) on the instrument the person(s), Marin County ° or the entity upon behalf of which the M Comm.Ex "res Nov,2,2008 person(s) acted, executed the instrument. WITNESS my hand and official seal. lJ �,vvr,u� ^41GNA RE OF NOTARY 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 OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT c SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) First National Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE of America BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Paris,CA 91309-7184 , ~ 8��U~� �� �����V���U8 �� IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING TERRORISM RISK INSURANCE ACT OF 2002 THE As 8 surety bond cU3tO08r Of one of the SAFECO in6U[8OCB CO0pOOie3 (SAFECO |O3U[8DC8 Company Of America, General Insurance Company OfAmerica, First National Insurance Company, American States Insur- ance Company orAmerican Economy Insurance CV[OpOny), it is our duty tV notify you that the 7erK}hs0 Risk Insurance Act 0f2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for [ei0bU[s80SOt of certain SUreh/ bond losses by the United States government under 8 fo|0V|8 established bythis Act. Under this formula, the United States government pays 9096 of losses caused by Certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses On some Or all of your bunds may be subject tOthis cap. This notice dO8S not modify any of the existing terms and conditions of this bond' the underlying agreement guaranteed by this bOnd, any statutes governing the terms of this bond or any generally applicable rules of law. Atthis time there is no premium change resulting from this Act.