HomeMy WebLinkAboutContracts & Agreements_160-2007_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this 4"' day of September, 2007, 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 WEKA, Inc, of the City of Redlands. 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
for the following:
Construction of the Orange Street Well Water Main Replacement Project, complete all as
required by the Contract Documents and Specifications for ORANGE STREET WELL
WATER MAIN REPLACEMENT PROJECT, Project No, 4-0826.
2. THE CONTRACT SUM: $ 695,311 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 sixty
(60)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 this 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
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 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 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
(SEAL) (Owner)
By:
M or, City o Redlands,County of
an Bernardino, California
ATTEST:
City erk, CitSr=0 , elands
C my of San e lino, California (SEAL)
Name of Contractor
Signature kXuthorized Agent
Title
p
F
s .
Signature,ff:uthorized Agent(if necessary)
Title
l ¢
Contractor's License No.
CO 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
ORANGE STREET WELL WATER MAIN
REPLACEMENT PROJECT
Project No. 4-0826
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 186 1)
Dated this A day of 2007.
(Contra
ontra
ignature)
_IV
(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 ISSUED IN THREE (3) COUNTERPARTS BOND #58646107
PREMIUM: $8,899.00
PREN11,101 IS FORCONTRACT TERM
AWO IS SUBKICT TO ADjUSUJAIENT
PERFORMANCE BOND BASED ON HNAL GONTRAAGI PRiCE
Whereas, the City Council of the City of Redlands, State of California, and WEKA. 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 September 4, 2007; and
identified as ORANGE STREET WELL WATER MAIN REPLACEMENT PROJECT,
Project No. 4-0826 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 WESTERN SURETY COMPANY as surety, are held
firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of Six Hundred Ninety-
Five Thousand Three Hundred and Eleven Dollars (.$695311) 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 accompanvinF-,the
same shall in an-ywise 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
SEPTEMBER 10 2007
(SEAL) (SEAL)
WEKA, INC. , . WESTERN SURETY COMPANY
( gixtr ) (surety)
BY: Q111,
(Signature) SHAH M. LOPEZ(Signature) ATTOr"k.-IN--FACT
Address: PO BOX 29242
PHOENIX, AZ 85038-924-2---
(Seat and Notarial Acknowledgment of Telephone( 866 ) 5
-21--33-09—
Surety)
CD 5
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On— September 10, 2007 before me Beth D. Kolpien Notga Public
Personally appeared Shannon M. Lopez
[X] personally known to me - OR pr-eved to fne on the basis of sa4isfaeter-y evidenee
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
D,, KLPOII which the person acted, executed the instrument.
SEW O
4 -'334
14?
WITNESS my hand and official seal.
com—,
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
PDIVIDUAL-
CORPORATE OFFICER
Performance Bond
Title(s) Title or Type of Document
PARTNERS, LIMITED
GENERAL
[X] ATTORNEY-IN-FACT Number of Pages
TRUSTEB(S)
GUARDI ANXONSERVATO
OT14ER: 9/10/07
Date of Document
SIGNER IS REPRESENTING:
Western Surety Company Weka. Inc.
Signer(s) other than Named Above
BOND ISSUED IN THREE (3) COUNTERPARTS BOND #58646107
PREMIUM: INCLUDED
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California. and WEKA, 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 September 4, 2007, and
identified as ORANGE STREET WELL WATER MAIN REPLACEMENT PROJECT,
Project No. 4-0826, 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 Six Hundred Dollars ($695.311) 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
3
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
SEPTEMBER 10 2007.
(SEAL) (SEAL)
WEKA. INC. WESTERN SURETY COMPANY
(Contruto L111-1 Surety)
BY:
(Signature) SHANNbN" M. LOPEZ (Signature) ATiO -IN-FACT
Address: PO BON 2924
(Seal and Notarial Acknowledgment of Surety) Telephone(866 )-5-29173309
CD 6
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On September I0 2007 before me__ Beth D. Kolpien No jM Public
Personally appeared Shannon M. Lopez
[X] personally known to me
evidenee
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
BEETHi D, KOLPIEN
1473334
R WITNESS my hand and official seal.
buKl Z-111-
OPTIONAL
Though the data below is not required by lain,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
1
GO"ORATE i 1 L J111 ✓TE
Labor& Material Bond
Title(s) Title or Type of Document
[ PASS LIMITED
[
GENERAL 1
[ ]] ATTORNEY-IN-FACT Number of Pages
GUAR czDI z-:r�o ��,---.-AT- �
[ ] OT44 : 9/10/07
Date of Document
SIGNER IS REPRESENTING:
Western Sure -nv Weka Inc.
Signer(s)other than Named Above
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Peter M Davis, Kenzie K Thompson, Shannon M Lopez, Gale Delo, Martin M Davis,
Individually
of Redlands,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 14th day of June,2007,
WESTERN SURETY COMPANY
gtl'
,g/ 0/f,
Z'.
*'1VC A%"
Paul
Senior Vice ce President
State of South Dakota
Jj
County of Minnehaha ss
On this 14th day of June,2007,before me personally came Paul T. Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +
Ir
D. KRELL t
November 30,2012 ft 10""k NarARY PU13LIC
1'(JWL SOUTH OAKarAQV'
CERTIFICATE D.Krell,No ry Public
L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this I OT H day of SEPTEMBER 2007
Fri, WESTERN SURETY COMPANY
o
Form F4280-09-06 L.Nelson,Assistant Secretary
Recorded in Official Records, County of San Bernardino 4/0712008
' BN
y 4 LARRY WALKER 3:05
:5 PM
�x �A � Auditor/Controller – Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL_TO R Regular Mail
Doc#: 2008—0152179 Titles: 1 Pages: 1
e.ee
Name Office of the City Clerk s ' axes 0.00
Cit of Redlands i I ( j o f ner 0.00
Street i� jl i ! 3 c I E�f I:W X0.00
Address P.Q.Box 3005
City& Redlands,California 92373
State
L
FEES NOT REQUIRED
PER(;UV',-HNMLNI WUL SPACE ABOVE THIS LINE EOR RECORDER'S USE
SECTION 61403 NOTICE OF COMPLETION
Noticee pursuant to Civil Code Section 3093,must be filed within 10 days after completion. (See reverse side for Complete requirements.)
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 - Municipal Utilities & Engineering Department
3. The full address of the owner is P.Q. Box 3005 Redlands CA 92373
4. The nature of the interest or estate of the owner is;In fee.
Of other than fee,strike"in fee"and insert,for example."purchaser cinder contract of purchase,"or lessee")
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:
NAMES ADDRESSES
& A work of improvement on the property hereinafter described was completed on March 3, 2008. The work done was:
Orange Street Well Water Main Replacement Project Project No. 4-0826
7. The name of the contractor,if any,for such work of improvement was: W EKA Inc.
October 22 2007
(If ao contractor for work of i tprovemen!as a whole.insert"none".) (Date of Contract)
S. The property on which said work of improvement was completed is in the unincorporated area of County of San Bernardino, State of
California, and is described as follows: Pioneer Avenue between Orange Street and Church Street and Orange Street
from Pioneer Avenue to the Church Street Well
9. The Street address of said property is None
(if no street address has been officially assigned,?nsert."mine".)
Dated: March 11. '4008 l
Vehficatton for Individual Owrner
raJec anager
Signature of owner or corporate officer of owner names in paragraph Z or his agent
VERIFICATION
i,the undersigned,say:I am the Interim Municipal Utilities & Engineering Director the declarant of the foregoing notice of completion; I
("President Of",Wanager or,"A partner of.`owner or,etc)
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 March 11 20 08 .at Redlands ,Ca3ifornia.
Date of ,gn t re} (City where signed.) ' —
r}tenrn uniclpa tl r lis
En ineering Director
(Personal Signature of'he ink v =cI who,;s swearing that the Contents of the notice of
ccrnple:ion are true.I