HomeMy WebLinkAboutContracts & Agreements_111-2004_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 41h day of August , 2004, 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 Trautwein Construction, Inc.
of the City of Riverside, County of Riverside, 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 Recycled Nater Transmission Main, complete, as required by the Contract
Documents and Specifications for RECYCLED WATER TRANSMISSION MAIN,
PALMETTO AVENUE AND NEVADA STREET, Project No. 2-0439,
2. THE CONTRACT SUM: $837,354 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 forty
five(45)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,
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.
CD I
r .
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.
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 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 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
W
(SEAL) (Owner)
By:
Mayo ,
City of Redlandt,6ounty of
San
an ernardino,California
ATTEST:
City;, Jerk,City o,,K
�ds
County of San Bernardino,California (SEAL)
TRAUrWEIN CONSTRUCTION, INC
Name of Contra r
, r
By: A
Signature OfAuth�rized-Agent
Mark Trautwein, President
Title
Signature of Authorized Agent(if necessary)
Title
773764A
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal.Utilities Department
RECYCLED WATER TRANSMISSION MAIN
PALMETTO AVENUE AND NEVADA STREET
Project No. 2-0439
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 29th day of July ,2004 .
TRAUTWEIN C ONSTRUCrION
tract }
r `
(Si atu
Mark Traut in, President
(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 NO. 6272238
EXECUTED IN DUPLICATE
PERFORMANCE BOND PREMTU-,1 $10,135.00
Whereas,the City Council of the City of Redlands, State of California.,and
TRAUTWEIN CONSTRUCTION, INC.
—(hereinafter designated as "Principal"} have entered into
an agreement whereby Principal agrees to demolish designated wastewater facilities, which said
agreement,datedULY 20
_L_, 20-24 , and identified as Construction of RECYCLED
WATER TRANSMISSION MAIN, PALMETTO AVENUE AND NEVADA STREET,
Project No. 2-0439 is hereby referred to and made a part hereof-.and
Wlwxm, 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 EIGHT HUNDRED THIRTY-SEVEN
THOUSAND THREE HUNDRED FIFTY-FOUR �Dollars($837,354.00 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 nx-aniu& 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,them 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
JULY 27 _2Q 0
(SEAL) 110EAL
TRAUTWETN CO STRUCTT9N, INCA. FIRST NATIONAL INSURANCE COMPANY OrAMKICA
(C n
S, AtTii) aturel
MICHAELD. NG ATTORNEY VN FACT
Address:4850 ARLINGTON AVE. , #B
RIVERSIDE, CA 92504
(Sea] and Notarial Acknowledgment of Telephone(909 ) 343-0382
Surety)
CD 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
a County of RIVERSIDE _ r}
{
h
On +
before me, R. CISNEROS
*� Date Name and Title of officer le.g.,"Jane Doe.Notary Public l
personally appeared
MICHAEL D. STONG
Names}of Signer(s)
ly
L pro ed lto known
ontoe
t the basis of satisfactory
revidence
�a
5 to be the personX whose name(g<is/V ;
subscribed to the within instrument and
R.C SNER S r'
Comm. 1���87�1
cknowledged to me that he/she/they executed
�' _
5 NOTARyPusrto-CALIFORNIA T the same in hislih�r authorized
r t RI RS DEO iNTY
5 Comr S Ex�tres te?, 8 capacity(i ), and that by his heir '
signature(.s an the instrument the person{al or c
the entity upon behalf of which the person(
t- acted, executed the instrument.
WITNESS my hand and official seal. ?y
^. Place Notary seal Above S gnaiere or Notary Public
a OPTIONAL
Though the information below is not required by law, .it may prove vatuab;e to persons relying or,the document
i and could prevent fraudulent removal and reattachment of this form to another document.
S
Description of Attached Document
�a Title or Type of Document: ...___. -. __..... __..__.....
h
Document Date: —.--- ._.__ Number of Pages: _... .. .. }
Signer(s) Other Than Named Above:
`4
Capacity(ies) Claimed by Signer
Signer's Name:
........
f>;
( . >
S Individual Top_!tllurrtb tare
�4 .7 Corporate Officer—Title(s) ,.
... .... ..... .:.
Partner—L., Limited 0' General �
L] Attorney in Fact r
t, :J Trustee 5
{_ Guardian or Conservator h
' 7 Other h
Signer Is Representing
r:
to
`•:999^tatranur Notary Assaaa:pan "So�.�Sole Ave_.P.!7. ux r-�.. .:'xei,r�nh,s^A n, t9,s�7 wx..:ion:7,Lu r.c; ,.:; ;ttJ I+,-L,ar
"r
�2
BONI) NO. 6272238
EXECUTED IN DUPLICATE
LABOR AND MATERIAL BOND
y 'Whereas,the City Council of the City��f l�edlands, Mate of C aliforr�ia,and
i TRAUTWEIN CONSTRUCTION, IN*. - Cher inrtfter designated as "Principal")
have entered into an agreement whereby Principal agrees to demolish designated wastewater facilities,
which said agreement,dated JULY 20, 2(94, and identified as RECYCLED WATER
TRANSMISSION,PAI.,IVIi.ETTO AVENUE AICA NEVADA STREET,Project No.2.0439
is hereby referred to and made a part hereof-,and
Whereas, under the terms of said agreement, Principal is rewired 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 Fart 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 EIGHT HUNDRED THIRTY-SEVEN*Doll ($837,354.0 7for 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 cost-,and to be included in the judgment therein rendered. *THOUSAND THREE HUNDRED FIFTY-FOUR
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 lS (commencing with Section
3082)of Part 4 of Division 3 of the Civil Cotte, 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 blind be fully performed, then this obligation shall became 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 tune, alteration or addition to the
terms of said agement or the specifications accompanying thesame shall in any manner affect its
obligations on this bond,and it dries 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
JULY 27 2(10
(SEAL) (SEAL)
TRAUTWEIN CONS. UCTION, NC. FIRST NATIONAL,IURANCE COMPANY OF AMERICA
(Cot tracto
t' EY
(Si e i�naturc)
,. ....
MI HAEL NG ATTO EY IN FACT
Addrm, 4850 ARLINGTON AVE. ,#B
RIVERSIDE, CA 92504
(Seal and Notarial Acknowledgment of Surety) Telephone( 909)J4_3-x.82
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS. �y
County of RIVERSIDE
On J112 7 1004 R. CISNEROS
before me,
Date Name and'ritie of officer(e.g.,'Jane Doe.Notary Pub ic'l
personally appeared MICHAEL D. STONG
Name(s)of Signer(s)
9 personally known to me
Ll proved to me on the basis of satisfactory
evidence
to be the person�.a�'whose nameX is/ort�
R.CISNEROS subscribed to the within instrument and
'F 8873
COMM. #141
a NOTARY PUB -48873 RNIA � acknowledged to me that he/she/they executed
RIVERSIDE COUNTY the same in his/he�r authorized
M Comm.E ires June 7,2008 capacity(ie*, and that by his/her ie+r
signature(,s,'on the instrument the person*r or q
the entity upon behalf of which the person(,a'J
Xacted, executed the instrument.
WITNESS my hand and official seal
Place Notary Seal Above Signature of Notary Public
C`1
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _--• - J-__—___�-_-----...----..---.-- ----�, '�
Document Date: _ Number of Pages:
fia Signer(s) Other Than Named Above: _ _—
Capacity(ies) Claimed by Signer S
Signer's Name: — ----— -- — „ :•• ,
L Individual T,op of(numb here
❑ Corporate Officer—Title(s): _-•—,
u Partner—G Limited E.General
1-1 Attorney in Fact �?
!3 Trustee
Guardian or Conservator
t-] Other: S
Signer Is Representing:
x, zl �1�1;
0 19%Nationai Notary Associalm•9350 Oe Soto Ave_P.O.Box 2402•Chalswwh,CA 91313.2402•www.nationaouxani orq Prcu1No.5907 Reorder:Call T111 Free 1 8W,87"827
a
EXHIBIT A
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company, American States Insur-
ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be
eligible for reimbursement of certain surety bond losses by the United States government under a formula
established by this 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. Losses 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 any bonds issued for your account, the
underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any
generally applicable rules of law.
At this time there is no premium change to any of your bonds resulting from this Act.
Dated: February 24, 2003
SAFECO" POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO SOX 34526
FIRST NATIONAL SURETY SEATTLE,WA 98124-1526
P0 13OX 34526
SEATTLF,WA 98124-1526 No. 6966
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
*****"MICIIAEL D.STONG;ROSEMARY CISNEROS;SHAWN BLUNIE,SUSAN C.MONTEON:Riverside,
its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of
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 Junc 2004
r ?�t
CHRISTINE MEAD,SECRETARY ICK,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 attomeys-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-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this day ofel
P 0 4,14
SEAL
0,0 WAS
CHRISTINE MEAD,SECRETARY
S-'049,"7Nf_` 7ic'8 J A registered trademark of SAFECO Comorat!on
36/3012004 PDF