HomeMy WebLinkAboutContracts & Agreements_211-2005_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this first day of November,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 Vance Corporation of the City of Rialto 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 perform
construction of the Redlands Sports Park Project,Phase I project,complete,all as shown,specified,and
made a part of Contract No. 240300-7256/47005.
2. For the Contract Sum of$6,671,915.00, 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. The work shall be completed within one hundred and ten(I 10)work days from
and after the date of the Notice to Proceed. n 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 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 Contractor 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
employees 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-17
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or
less shall be 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 the Public Contracts Code
Section 210104.2 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,the City shall timely notify the Contractor. The City shall be entitled to recover its 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. The 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-18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and
year first written above,
CITY SEAL
i`
Bv:
ayoVof
ty of Redlands
Coun San Bernardino,California
ATTEST:
c
LZ. o
CityClerk,City of Rgdt ndA
County of San Bern, ino California
Vance Corporation
Name of Contra or
CON TRA SEAL By: ( 5
Signature of Authorized Agent
Verner E. Thomas
Executive Vice President
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
414567
Contractor's License No.
CD-19
WORKERS' COMPENSATION INSURANCE CERTIFICATION
REDLANDS SPORTS PARK PROJECT, PHASE I
CONTRACT No. 240300-7256/47005
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 Workers'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)
11-03-05
Date
Vance Corporation
Name of Contract
t r
By:
Signature of Authorized Agent
Verner E. Thomas Z�l
Executive Vice President
Signatory's Title
414567
Contractor's License No.
CD-20
PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as City),
and Vance Corporation (hereinafter designated as Principal) have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements,which by said agreement
dated November 1,2005,and identified as Contract No. 240300-7256/47005,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 faithful 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 sum of six million six hundred and seventy one thousand, nine hundred and fifteen
dollars($6,671,915)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 her heirs, executors,
administrators,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 her 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 therefor,there shall be
included costs and reasonable expenses and fees, including attorney's fees incurred by the City in
successfully enforcing such obligation, all to be taxed as costs and included in any judgement 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 named,
on November 4, 2005 _'2005. Bond No. 6307465
Vance Corporation Safeco Insurance Company of America
(SEAL) (SEAL)
Principal
Surety
By:
By:
Signa2re, Signature Nanette Mariella—My—ers—,Dit-m�in-�
Verner E. Thomas
Flxecutive VP Address: Vantis
Aliso Viejo, CA 92656
(Notwial Acknowledgments of Principal and Surety) Telephone: (_249 860-6620
CD-21
CALIFORNIA-ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino SS
I On ,before me, Shannon M. Crawford, Notary Public
I
personally appeared Verner E. Thomas j
personally known to me
Lj proved to me on the basis of satisfactory evidence
rw�
1 AFINION�" to be the person whose name is subscribed tc the
Eonxnl MOM# 15727lN within instrument and acknowledged to me that he
� wft executed the same in his authorized capacity,
y � c4u* and that by his signature on the instrument the
person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fruadulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name. Verner Thomas
Signer's Name:
❑ Individual ❑ Individual
la Corporate Officer ❑ Corporate Officer
1 itle(s): Exec.Vice President Title(s):
❑ Parner C Limited 77 Genera ' , M1' Partner - �Limited General
;
111
❑ Attorney-in-Fact
! , Attomey-in-Fact
Trustee ''
�rR^l,�r��� " JN � '� ❑ Trustee
❑ Guardian or Conservator 7ob of thumb here ❑ Guardian or Conservator Top of thumb here
Other: ❑ Other:
C I
I I
Signer is Representing: i Sicner �s Representing: I i
Vance Corooration I f
f
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On November 4, 2005 before me, Jane Kepner,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared Nanette Mariella-Myers
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
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
JANE KEPNER
COMM.#1605357
� u m
GARY PUSILIC 0 CAUFOMM
t4o 0 ECO TY
ORANGE COUNTY WITNESS my hand and official seal.
. SEPT. n jj
Co Exp,SPT10,2009
SIGNATURE OF N TARY
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(S) TITLE OR TYPE OF DOCUMENT
El PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT H
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT —
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 298 Q 1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City"),
and Vance Corporation (hereinafter designated as "Principal") have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements,which by said agreement
dated November 1,2005,and identified as Contract No. 240300-7256/47005,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 labor and materials payment bond with the City 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 and firmly bound
unto the City and all contractors,subcontractors,laborers,materialmen,and any 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 six million six hundred and seventy one thousand,nine hundred and fifteen dollars
($6,671,915) 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 herein 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
attorney's 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 judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure 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 the agreement or to the work to be performed thereunder or the specifications accompanying the same
shall in agnosia 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 named,
on November 4 , 2005 2". Bond No. 6307465
Vance Corporation Safeco Insurance Company of America
(SEAL) (SEAL)
Principal Surety
Signature Signature NarLntte Marieu&+Ws, in-+bct
Verner E. Thomas Address: 120 Yantis
Executive VP
Aliso Viejo, CA 92656
(Notarial Acknowledgments of Principal and Surety) Telephone: (_249 860-66620
CD-22
CALIFORNIA ALL-PIJRPCSE ACKNOWLEDGMENT
State of California
County of San Bernardino � SS
On 1 7 ;? rbefore me, Shannon M. Crawford, Notary Public
personaliv appeared Verner E. Thomas
I
�1 personally known to me
proved to me on the basis of satisfactory evidence
I
ios;a to be the person whose name is subscribed to the
Cwnmww P 18Min within instrument and acknowledged to me that he
Notary PcbMC.COMM" executed the same in his authorized capacity,
SM awnardw COW*
,mvc0mrn. and that by his signature on the instrument the
person, or the entity upon behalf of which the
person acted, executed the instrument. f
WITNESS my hand and official seal. I
LIQ / ' t
OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent
fruadulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Verner E. Thomas Signer's Name:
Individual Individual
® Corporate Officer a Corporate Officer
Title(sj: Exec.Vice President Title(s):
u Partner Limited F- General Partner- =Limited General
i Attorney-in-Fact
Attomey-rn-FactI
Trustee Trustee
a"�`�i� «' i% � i ., ,��I,>,`;� ❑
Guardian or Conservator Toc of thumb here ,J Guardian or Conser✓ator "thumb
-] 77
`, Other:
Other:
I
I � iSigner ;s ?epresent.ng: SignerI
is Representing:
`-lance Corooration I I
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On November 4, 2005 before me, Jane Kepner,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared Nanette Marielia-Myers
NAME(S)OF SIGNER(S)
personally known to me-OR - R 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 he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
PNER
behalf of which the person(s) acted, executed the instrument.
JANE KE
COMM.#1606357
NOTARY PUSUC*CAUFORMA
ORANGE COUNTY
Comm.Exp.SEPT. 10,2009 WITNESS my hand and official seal.
SIGNATURE OF NARY
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
F1 INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
H GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
F1 GUARDIAN/CONSERVATOR NUMBER OF PAGES
R OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-40671GEEF 2198 C 1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
POWER Safeco Insurance Companies
® PO Box 34526
OF ATTORNEY Seattle,WA 98124-1526
No. 9675
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
***********RHONDA C.ABEL;JERI APODACA;ALEXIS 11.BRYAN;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS;MIKE PARIZINO;
GRACE REZA;ROSA E.RIVAS;JAMES A.SCHALLER;ASHLEY K.WARD;Irvine,
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 2nd day of June 2005
STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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 SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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, Stephanie Daley-Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations,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 4th day of November 2005
SEAL SEAL
¢ STEPHANIE DALEY•WATSON,SECRETARY
S-08741DS 4/05 Safeoo and the Safeco logo are registered trademarks of Safeco Corporation.
WEB PDF
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE 198RQRIS M RISK IN—S—UR—ANC9 ACT QF,2002
As a surety bond customer of one of the SAFECO insurance companies(8AFECO Insurance Company of
America,Genera'I Insuta,nce'Cbmpmy of Americaii First National Insurance Corripany,American States Insur-
ance Company or American Economy Insurance Company), it is our duty to notify youthatthe Terrorism.Risk
Insurance Act of 2002 extends to"surety insurance". This means that under certain circumstances we may be
eligible for irsimbUrsorrient of certain surety bond losses by the United States govefthent 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 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.
W248 ZM
Recorded In Official Records, County of San Bernardino 1/25/2007
RECORDING REQUESTED BY �„ LARRY WALKER L4�f:47 PM
,F2Afif l9F"AR��.+4'Y' Auditor/Controller — Recorder
AND WHEN RECORDED MAIL TO: `q�
R Regular Mail
CITY CLERK A.
CITY OF REDLANDS Doc#: 2007—0051434 Titles: 1 Pages: 1
35 CAJON STREET l Fees 0,00
P.O. BOX 3005 I ! Taxes 0.00
REDLANDS CA 92373 .ether 0.00
_ FRID X0.00
ir,tltw tYVli
3000 iN3WN83AO9 83d SPACE ABOVE THIS LINE FOR RECORDER'S USE
FEES NOT REQUIRED
0381038 AN 5333 NOTICE OF COMPLETION PER GOVERNMENT CODE
SECTION 6103
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
1 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 17,2047. The work done was:
Redlands Sports Park Grading
7. The name of the contractor for such work of improvement was:Vance Corporation
2271 N. Locust Ave.; Rialto, CA 92377 November 2, 2005
(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: 1795 Dearborn Street
Dated:January 23, 2007
Senior Civil Engineer, Public Works Department,City of Redlands
VERIFICATION
i, 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 23, 2007,at Redlands,California.
Public Works Director,Public Works Department,City of Redlands
NEW BUSINESS
Redlands Sports Park Project - Phase 1 - Public Works Director Mutter
reviewed the background and current status of the proposed sports park
project located in the northeastern part of the City near San Bernardino
Avenue and Dearborn Street. Ron Drake, AYSO; Joe Ferroa, Redlands
Baseball/Softball for Youth, Kyle Larick, AYSO, and Matt Ambriz from
the AYSO Cultural Exchange Team addressed the City Council showing
their support for the Redlands Sports Park Project.
Environmental Processing - Councilmember Peppier moved that the
City Council determine that approval to award the contract to
construct the Sports Park Project, also known as Conditional Use
Permit No. 781, does not require further environmental processing,
pursuant to Section 15162 of the California Environmental Quality Act
Guidelines based on the following findings: (1) the proposed
construction contract would not result in new significant environmental
effects or a substantial increase in the severity of previously identified
effects for the Sports Park Project; (2) no substantial changes have
occurred with respect to the circumstances under which the Sports
Park Project will be undertaken since approval; and (3) there is no new
information of substantial importance with respect to this project's
environmental consequences that was not known at the time the
Environmental Impact Report was adopted. Motion seconded by
Councilmember Harrison and carried unanimously.
Bid Award - Bids were opened and publicly declared on September 15,
2005, by the City Clerk for the Redlands Sports Park Project, Phase 1; a
bid opening report is on rile in the Office of the City Clerk. Public
Works Director Mutter reported the apparent low' bidder, L. D.
Anderson, did not provide the required bid bond which disqualified
their bid; their bid was also based on an assumption which was clearly
disallowed in the technical specifications. Environmental Construction,
Inc. made a mistake on their bid and requested relief in accordance
with Section 5103 of the Public Contract Code. Therefore, Vance
Corporation, Rialto, was the qualified responsible low bidder.
Councilmember Peppier moved to make the determination that
Environmental Construction, Inc. (ECI) made a mistake on their bid,
that the notice of the mistake was provided within five days after the
bid opening, that the mistake made the bid materially different than he
or she intended it to be, and that the mistake was made in filling out the
bid and not due to error in judgment or to carelessness in inspecting the
site of the work, or in reading the plans or specifications; therefore, that
the City Council grant relief to ECI from its bid in accordance with
Section 5103 of the Public Contract Code. Motion seconded by
November 1,2005
Page 8
Councilmember Harrison and carried unanimously. Councilmember
Peppier moved to award a construction contract with Vance
Corporation, Rialto, to construct the Phase I improvements for the
Redlands Sports Park in the amount of $6,671,915.00 and authorized
the Mayor to execute, and the City Clerk to attest to, the document on
behalf of the City. Motion seconded by Councilmember Harrison and
carried unanimously.
Funds - Councilmember Peppier moved to appropriate $500,000.00
from the Measure I Fund for Dearborn Street from San Bernardino
Avenue to Sessums Drive, and $1,250,000.00 from the Local
Transportation Fund for the north half of San Bernardino Avenue from
Dearborn Street to Wabash Avenue and the west 16 feet of Wabash
Avenue from San Bernardino Avenue, fronting the Sports Park
property. Motion seconded by Councilmember Harrison and carried
unanimously.
Loan - Councilmember Peppier moved to approve a short-term loan
from the Municipal Utilities Water Operating Fund in the amount of
$501,215.00, plus interest at the average annual Local Agency
Investment Fund rate; and to repay the loan with the first Park
Development Impact Fees collected after payment of the construction
contract with Vance Corporation. Motion seconded by Harrison and
carried unanimously.
Agreement- Field Use and Youth Soccer Program - Redlands Sports Park-
Chief of Water Resources Douglas Headrick reported the City has been in
the process of developing a sports park facility located in the northeastern
part of the City near San Bernardino Avenue' and Dearborn Street. The
initial phase of the sports park project, as currently designed, includes
primarily soccer fields, both competition and practice Level. In anticipation
of this park development project, the City has been approached by a
representative from the American Youth Soccer Organization (AYSO)
regarding a field use and youth soccer agreement for the use of soccer
related faculties at the Redlands Sports Park. AYSO has continued to be
an advocate of the sports park project and is offering to make cash
contribution to the construction of the soccer facilities and provide ongoing
annual maintenance funds to support the facility. Mr. Headrick reviewed
the proposed agreement. Dave Eason noted the Recreation Commission
has not reviewed this agreement. Councilmember Peppier moved to
approve a field use and youth soccer agreement with the American Youth
Soccer Organization (AYSO) pertaining to the use of fields at the Redlands
Sports Park and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City. Motion seconded by
Councilmember Harrison and carried unanimously. Kyle Larick thanked
the City Council for their support.
November 1,2005
Page 9
Recorded In Utncial necoros, tummy ut anu
LARRY WALKER U47 Pm
RECORDING REQUESTED BY E ,xw Auditor/Controller — Recorder
AND WHEN RECORDED MAIL TO:
R Regular Mail
CITY CLERK
CITY OF REDLANDS Dock 2007-0051434 Titles: 1 Pages: t
35 CAJON STREET I ! Fees 0.ee
P.O. BOX 3005 Taxes e.ee
REDLANDS CA 92373 other 0.010
PAID so.eo
j
r
`�a SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED
3100 iNIM83N001 83d PER GOVERNMENT CODE
038I1"16311 ION 5331 NOTICE OF COMPLETION SECTION 5103
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 17,2407. The work done was:
Redlands Sports Park Grading
7. The name of the contractor for such work of improvement was:Vance Corporation
2271 N. Locust Ave.; Rialto, CA 92377 November 2, 2005
(Date of Contract)
& The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of
California,and is described as follows: Redlands Sports Park Phase 1
9. The street address of said property is: 1795 Dearborn Street
Dated:January 23, 2007
Senior Civil Engineer, Public Works Department,City of Redlands
VERIFICATION
I,the undersigned,say;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,
declare under penalty of perjury that the foregoing is true and correct.
Executed on January 23, 2007,at Redlands,California.
Public Works Director, Public Works Department,City of Redlands