HomeMy WebLinkAboutContracts & Agreements_46a-2009_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of AELil _, 2009,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 Recycled Water Transmission Main, complete all as required by the
Contract Documents and Specifications for CAPITAL IMPROVEMENT PROGRAM,
SEWER PIPELINE REPLACEMENT PROJECT, Project No.2-0955.
2. THE CONTRACT SUM: $1, 052, 350.40 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 one
hundred(100) 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,
S. 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 tights 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
M WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
Cite of Redlands
(SEAL) (Owner)
B5.
M r,City of ands,County of
Bernardino,California
AmS°T:
City Cl k,City of an s
Cot
a of S.an B ,California (SEAL)
Weka, Inc.
Name of Contractor
.r
By:
S'giiiature of Authorized Agent
larpd HirnIP Prp--;iripnt
Title
Signature of Authorized Agent(if necessary)
Title
670100
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
CAPITAL IMPROVEMENT PROGRAM,
SEWER PIPELINE REPLACEMENT PROJECT,
Project No.2-0955
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 I rth day of April 1009.
weka, Inc.
1r)
(Contract0r)
(Signature)
Jared Himle, President
(Official Tide)
(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. 68656726
Bond issued in two(2)counterparts Premium: $11,461.00
Premium is for contract term
and is subject to adjustment
based on final contract price.
PERFORMANCE 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 April 9 — 2009,
and identified as Construction of CAPITAL IMPROVEMENT PROGRAM, SEWER
PIPELINE REPLACEMENT PROJECT, Project No. 2-0955 is hereby referred to and made a
part hercog and
Whereas, said Principal is required under the terms of said agreement to furnish a bond far the
performance of said projea
Now,therefore, said Principal and Western Surety!Qompany as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City),in the penal sum of One million fifty two
thousand,three hundred fifty Dollars and forty Cents ($1.052-350.40) 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 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-vvbereot this instrument has been duly executed by the Principal and surety above named, on
April 13 2009
(SEAL) (SEAL)
Weka, Inc. Western Surety Company
BY: i Surety)
(S' i (Signer) S� n M. Lopez
Jared Him le,=Presidentr ) Address: PO Box 29242
Phoenix,AZ 86038-9242
(Seal and Notarial Acknowledgment of Telephone( 866) 621-3309
gurety)
CD 5
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On April 13, 2009 before me Raquel.L. Soto.Notary Public personally appeared
Shannon Lopez
who proved to me on the basis of satisfactory evidence 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(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
L 1 U
WITNESS rn� n and official seal # --7 7 672
41 01, P A
Signature "O�
(Seal) -1 201
D'I 2
ffi
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
ren I TNTDIVIDUAL
OFFIC4--'R
Performance Bond
Title(s) Title or Type of Document
PARTINE—PIS F7 T 1MITED
1:VD D
ATTORNEY-IN-FACT Number of Pages
OT14ER: 4/13/09
Date of Document
SIGNER IS REPRESENTING:
Western Surejy.CQpjpqny— Weka. Inc.
Signer(s) other than Named Above
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-LN-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, rale 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 34th day of April,2008.
NETyWESTERN SURETY COMPANY
»4'4q,P01Gq��3'
E
ootiv Paul Bruflat,Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 30th day of April,2008,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 jtih btitibtirYtihrtihMtitititiwr+NK
D. KRELL
November 30,2012 r 8 NOTARY PUBLIC SEAL. r
s SOUTH DAKOTA r
ftitiyt,tihtiyyh4h4444+rhYtiS'4A+ Ila_ 4�J
b.Krcii,No-fliryPubiic
CERTIFICATE
I,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 13TH day of APRIL 2009 E � WESTERN SURETY COMPANY
o ° r `
t�
L.Nelson,Assistant Secretary
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies,undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President, or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
Bond issued in two(2)counterparts Bond No. 58656726
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 April 9,
2009 and identified as CAPITAL IMPROVEMENT PROGRAM, SEWER PIPELINE
REPLACEMENT PROJECT, Project No. 2-0955,is hereby referred to and made a part hereof,
and
Whereas,under the terms of said agreement, Principal is required before entering upon the pctfortnance
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 fifty two thousand, time hundred fifty Dollars and forty Cents SI.052350,40)
for materials famished 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 ease suit is brought upon this bond,will pay, in
addition to the face amount thcrcof; costs and reasonable expenses and fees, including reasonable
attorneys 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 Ti-de 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 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 whereot this instrument has been duly executed by the Principal and surety above named, on
April 13,
WeKa, Inc. (SEAL) Western Surety Company (SEAL)
r
BY; Ix
(Signature) 4 , (Snature) Shan n Lopez
Jared Himle, President Addi=: PO Box 29242
Phoenix,AZ 86038-9242
(Seal and Notarial Acknowledpwra of Surety) Telephone(866) 621-3309
CD 6
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of— San Bernardino
On April 13, 2009 before me Raquel L. Soto,Notary Public personally appeared
Shannon Lopez
who proved to me on the basis of satisfactory evidence 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(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS iny anand official seal n
o%*' cov".--?
Signature X, X (Seal) D V'2-: 2-0)111
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
C-":RDC)D ATS' OF-FIGER
Payment Bond
Title(s) Title or Type of Document
PART-N -R-SEP
–GFN, RAL I
ATTORNEY-IN-FACT Number of Pages
'rD T TQ'r
4/13/09
Date of Document
SIGNER IS REPRESENTING:
Western Surety Company Weka, Inc.
Signer(s) other than Named Above
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVI'MUAL ATTORNEY-LN'-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, Matin M Davis,
Individually
of Redlands,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat 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 30th day of April,2008.
Sy1rE7' WESTERN . SURETY _ COMPANY
srM e+ ° Paul Bruflat,Senior Vice President
State of South Dakota
County of Minnehaha as
On this 30th day of April,2008,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,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 nine thereto pursuant to like authority,and
acknowledges same to be the act and deed of said corporation.
My commission expires t444sr444444444M44444tiw4y4
rr D. KRELL r
November 30,2012 sNOTARY PUBLIC SBAt r
r SOUTH DAKOTA r
'f44444444444444444444444+ 4�iW
D.Krell,Norky Public
CERTIFICATE
1,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 13TH day of APRIL 2009
r'At oa WESTERN SURETY COMPANY
�+•�,'seew�,4
ct'rrf o
L.Nelson,Assistant Secretary
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President,Secretary,and Assistant Secretary,Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
Amendment to Agreement
Between
The City of Redlands
And
WEKA Incorporated
For
Capital Improvement Program— Sewer Pipeline Replacement Project
Project #2-0955
The following amends the Agreement between the City of Redlands (Owner) and WEKA
Incorporated (Contractor).
Revise Part V , subs-section 2 of the Bid Documents, page BD 4 to remove `ocean
transit' from the Builders All Risk Insurance,
Part 'G', sub-section 2 is amended to read as follows:
2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss
policy form that shall at least include insurance for physical loss or damage to the
Work, temporary buildings, falsework, and Work in storage at the project site or
at another location acceptable to the City, and shall insure against at least the
following perils: fire, lightning, extended coverage, theft, vandalism and
malicious mischief, earthquake, collapse, debris removal, demolition, occasioned
by enforcement of laws and regulations, water damage, and damage caused by
frost and freezing.
All other specifications and provisions are unaltered and are in fall effect.
WEKA Incorporated stipulates that all materials and supplies needed to perform the
contracted work is currently in the United States of America, and no ocean transit of
materials or supplies is needed.
End of Amendment