HomeMy WebLinkAboutContracts & Agreements_21-1985_CCv0001.pdf AM,
A G R E r M E N T
THIS AGREEMEW4, made and entered into this 20th day of
Mly _ _ _19 85 , by and between the Redevelopment Agency of
the City of .
Redlands, organized and existing- under the laws of the
State of California, hereinafter referred to as the "Redevelopment
Agency" and Terrain, Inc.
a partnership consisting of
or an individual trading as
of the City of Glendale. CA County of Los_ Anjzeles
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:
Remove and transplant fifteen palm trees to Ford Park and plant
as directed by City Park Department. The three Indian Laurel
trees on the south side of State Street between Seventh and
Eighth Street shall be boxed and delivered to the City of
Redlands Park Department yard as directed by the City Park
Department.-
Removal of existing curbs and gutters, stockpiling of granite
curbs as directed by City Public Works Director, removal of
existing sidewalks, roof drains, blockwalls, benches , three flag
poles, drinking fountains and existing underground storm drains .
Remove existing marbelite light standards, concrete light
standards and one cast iron light standard on Orange Street and
State Street. Place temporary lights for street lighting on
Orange Street and State Street.
Removal, storage and resetting four bicycle racks.
Remove all street signs on Orange Street and State Street.
Construction of new water line, water laterals and meter boxes ,
sewer main, sewer laterals, roof drains, underground electrical,
storm water drain and drop inlets.
Construction of new curb and gutter and concrete base for brick
sidewalks and walkways, including grading and removal of earth
under sidewalks as necessary. Construct brick sidewalks ,
textured concrete, concrete headers, and sandblast curbs as
directed by the landscape architect.
Remove existing pavement and underlying brick pavement on Orange
Street and State Street, grade as necessary. Construct import
base material and new plant-mixed paving to the grades shown on
the plans.
Construct parking lot east of Orange Street and west of Fifth
Street on Southern Pacific right of way.
-15-
Construct new traffic signal system at Orange Street and
Redlands Boulevard. Relocate traffic signals at Orange Street
and State Street. Install new loop detectors in Orange Street
and Redlands Boulevard. Replace and/or repair the existing loop
detector at the Orange Street and State Street entrance of the
mall.
Restriping of State Street per Caltrans Traffic Manual and
striping of parking spaces per plan.
Restriping of Orange Street per Caltrans Traffic Manual with
raised markers and striping of parking places per plan.
Furnish and install park benches, trash containers, tree grates
and frames, tree guards , bollards, light post and fixtures and
water fountains .
Install irrigation system and landscaping. Trim roots of
existing trees on State Street and Fifth Street and install root
devices.
Construct signage as designed by the landscape architect.
2. THE CONTRACT SUM:
$21-827 ,808 . 21
3. TIME FOR COMPLETION: The work to be completed within one hundred
fourteen —(114) working days excluding Saturdays, Sundays and
legal Holidays from and after the date of commencing the work.
4. CONTRACT DOCUMENTS: The complete contract includes all of the
contract documents set forth herein, to wit: Notice Inviting
Bids, Instructions to Bidders, Proposals and Bid Form, Bid Bond,
Agreement, Faithful Performance Bond, Labor and Material Bond and
Plans and Specifications and any addenda thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement th
day and year first above written.
(SEAL)
Redevelopment Agency of the
City of Redlands
By: C . ���
d&60 E
(Executive Director)
ReWevelopment Agency of the City
of Redlands
Mayor, City of Redlands, County
of San Bernardino, California
Acting as Chairman of the
Redevelopment Agency of the City
of Redlands
ATTEST:
CTt-Y) Clerk, of Redlands,
Col t
Coy of Spernardino, California
lil
(SEAL)
Terrain Inc.
(Contractor)
By: T L
(Si nature)
Duane Bartlett
Vice President
(Title)
�liynature)
O
John m n
Secretary/Treasurer
(Title)
320524 Class A-C27
(Contractor' s License No. )
-17-
AGREEMENT
AGREEMENT BETWEEN THE CITY OF REDLANDS AND TERRAIN INC. ,
FOR THE SUBSTITUTION OF SECURITIES IN LIEU OF CONTRACT
RETENTIONS FOR PHASE I REDEVELOPMENT PROJECT
WHEREAS, Terrain Inc. , a California Corporation, has
entered into a contract with the City of Redlands , dated May 20 ,
1985 pertaining to improvements for the Phase I Redevelopment
Project; and
WHEREAS, pursuant to the terms of the contract, the
City of Redlands will retain ten percent from each progress
payment until after the project is completed and accepted by
the City of Redlands ; and
WHEREAS, Terrain Inc . has requested that it be allowed
to deposit certificates of deposit at its expense in exchange
for release of contract retentions as authorized by Section 4590
of the California Government Code ;
NOW, THEREFORE, the City of Redlands and Terrain Inc .
do hereby covenant and agree as follows :
1. Terrain Inc. will purchase certificates of
deposit in such principal amounts as it may
wish, and deliver them to the City of Redlands
at such times as it may wish. The principal
amount of each certificate of deposit shall be
made payable jointly to the City of Redlands and
Terrain Inc. Terrain Inc. may arrange with the
issuing bank to have the interest earned on each
certificate of deposit paid directly to Terrain
Inc. or credited to its separate account. With
each certificate of deposit delivered to the
City of Redlands , Terrain Inc. will also deliver
a Limited Power of Attorney in the form attached
hereto, authorizing the City Manager of the City
of Redlands to endorse the certificate of deposit
on behalf of Terrain Inc . if he certifies (a) that
Terrain Inc. has breached its contract with the
City, or (b) that a legal claim or stop notice
must be satisfied from the principal amount of
the certificate of deposit, or (c) that a court
order, judgment or other legal requirement com-
pels the use of such funds .
2 . Upon receipt of each certificate of deposit and
executed Limited Power of Attorney, as required
herein, the City of Redlands will release to
Terrain Inc . the accumulated retentions from
progress payments for the subject project as
such progress payments are approved, but not to
exceed the total principal amount of all certifi-
cates of deposit delivered to the City of Redlands
in accordance with this agreement .
3. As each certificate of deposit matures , Terrain
Inc . may deliver a new replacement certificate of
deposit and Limited Power of Attorney to the City
of Redlands , and upon receipt the City of Redlands
will endorse the matured certificate of deposit
-2-
and return it to Terrain Inc .
4. Upon its determination that Terrain Inc . is
entitled to payment of all sums retained,
pursuant to the terms of the subject contract ,
the City of Redlands will endorse all certifi-
cates of deposit then in its possession which
have been substituted in lieu of contract reten-
tions by Terrain Inc . and deliver the endorsed
certificates to Terrain Inc . as final payment .
IN WITNESS WHEREOF, The City of Redlands and Terrain
Inc . have caused this Agreement to be executed and signed this
18th day of June , 1985 .
CITY OF REDLANDS
By :
Mayor
ATTEST:
City OA
Lqk
TERRAIN INC.
By : QVk4)�./
-3-
LIMITED POWER OF ATTORNEY
TERRAIN INC. a corporation organized and existing
under the laws of the State of California, with its principal
I 10C P^AC%Aa .44-1k,
office located at 955 r.9 Glendale , California, hereby
appoints the City Manager of the City of Redlands , California,
for the limited purpose of executing and endorsing that certain
Time Certificate of Deposit drawn upon Fidelity
ASavings , Glendale, California, in the amount of
C)o 1AOOO . no Said Time Certificate of Deposit is posted
in lieu of contract retentions pursuant to Government Code
Section 4590 for that certain public works contract entitled
"Phase I Redevelopment Project" dated May 20 , 1985 . The City
Manager may invoke the Limited Power of Attorney granted herein
only upon a breach of said contract by Terrain Inc . , or upon
the filing of a legal claim or stop notice with the City of
Redlands demanding or requesting said funds , or upon any order
or judgment of the court or other legal mandate , and a written
certification signed by the City Manager certifying that any
of these events has occurred shall be sufficient to invoke
the power granted herein.
The authority of the within appointed attorney in
fact to exercise the power granted herein shall commence
immediately upon execution of this Limited Power of Attorney,
and shall remain in full force and effect until endorsement of
the above described Time Certificate of Deposit on behalf of
Terrain Inc. and the City of Redlands .
DATED:
TERRAIN INC.
BY:
President
BY: .
Secretary
(Affix Seal)
s • t it � • • #
l AMERICAN SAVINGS (NOT TRANSFERABLE) it
AND LOAN ASSOCIAXION ,
Minimum Balance 3100,400,0o
A SEavIC€Of f WANCiAI.CGRPOAATKX.(W AW WG:
Account No.:
iS-04-036451-4
Acccwnthoiderlsy"Tierrain, Inc. and the City of Redlands** Issue Date: L-04-85
Principal Amoumt:V*100,000.00 Maturity Date: 7-08-85
Interest Rate: 8.850%Per Annum interest Distribution des:
This certifies that the Accounitholder has deposited the Principal Amount shown above in American Savings and Loan Association,Stockton,California.The Principal
Amount deposited shall be payable to the Accountholder on the Maturity Date.
This deposit bears simple interest from the Issue Date to Maturity Date at the Interest Rate,payable on the Distribution Dates set forth above.Interest will be computed on
actual days,on the basis of a 360 day year.
This account will not be renewed upon maturity and bears no interest after maturity.
AMERICAN SAVINGS AND LOAN ASSOCIATION
This certificate is subject to the terms and conditions on the reverse hereof. j' Stockt;,n.California
St1?G�2�+� yei+'"" ��t rig` {Author e�Sig azure