HomeMy WebLinkAboutContracts & Agreements_174-2008_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 21" day of October. 2008, 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 Wood Bros., Inc. of the City of Lemoore,
County of Kings, 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 Peak Pond Relining project, complete, as required by the Contract
Documents and Specifications for: PEAK POND RELINING PROJECT AT WATER
RECLAMATION FACILITY, Project No. 2-0905.
2. THE CONTRACT SUM: $473,446.00 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 fifty(150)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
1
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
j 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 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 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
I
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
Y
May , ity o Redlands, Coun y of
S Bernardino, California
ATTEST:
City C rk, City d nds
County of San Berna Ino, California (SEAL)
t1
Na e o
Signature of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATIOI<
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
PEAK.POND RELINING PROJECT AT WATER
RECLAMATION FACILITY
Project No.'2-0905
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 day of.__ f 2008.
M1l Y k
(Co tractor)'-"—
(Signature)
ractor).-"—(Signature)
1�
(Official itle)
(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.)
I
CD 4
Bond No,6369792
Premium:$6,261.00
PERFORMANCE BOND
Whereas,the City Council of the City of Redlands,.State of California,and Wood Bros., Inc.
(heremalter
designated as "Principal")
an agreement whereby Principal agues to installandlcomple ea
certain designated public
ve ntsmito
which said agreement,dated October 21f 200 , and identified as EAK PON
p p s
RELINING PROJECT AT WATER RECLAMATIONgFACILITY, ProjectNo. 2-0905 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 Safeco Insurance Company of America
as surety, are held
firmly hound unto the City of Redland (hereinafter call"City'"), in the penal sum of Four Hundred Seventy
Three Thousand Four Hundred Forty Six .Dollars473,446.00
(.� 1 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 ra the manner therein
specified, and in all respects according to their true intent and meaning, and sha11 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 s 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 docs 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, or,
October 29 2008
Wood tams-4u -- (SEAL,) (SEAT.)
Safeco Insurance Company of America
(Contractor
(Si�turc)
Bonnie T.Atnip,Zom ey-i Fact
Address: 120 Vantis, 3rd Floor,Aliso Viejo, CA 92656
(Seal and Notarial Acknowledgment of Telephone( 6-5_05_)573 1111
Surety)
CDs
POWER
tnaaarm encu
saffto PAM
R OF ATTORNEY seatee, AW 96186
KNOW ALL BY THESE PRESENTS: No. 4366
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL WNtPANCE COMPANY OF AMERICA, each a
Washington corporation,does each hereby appoW
"""' ...BONNIE T.ATNIP;DANIEL L.CENTONI;STEVE CHNLDS;MIC-FtAEL J.COLZANI;San Mateo,California"'"'*
Its true and lawful sttww y(a}iHact,wfth fuN&Monty to execute on Its behalf fidelity and surety bonds or Undertalarw and other
documents of a similar character issued in the cam of its business,and to bind the respective company may.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GEMMAL INSURANCE COMPANY of
AMERICA have each exomfled and suseted these preserib
sols 30th day of November 2006
XTEPHANIE
-MYATSON SECRETARY TIM MIKOWEVNIM SENIOR VICE-PRESIDENT SURETY
CERTI11FICATE
Extract from the�BY Laws Of SIPCO INMRANCE COMPANY OF AMERICA
and of NERAL INSURANCE COMPANY OF AMERICA:
'Amide V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vke
President appointed for that purpose by the officer in char"of surety operations.Shall each have authority to appoint individuals as
atWrneylHn-fact ar under other appropriate titles with sudwrity to execute on behalf of the company f4sky and surety bonds and
other doc urnents of similar duvacter issued by the company in dna course of its busLMas...On any instrument making or evkkwx*g
such appointment the siynahtres may be affixed by racsimNe. On any W%Mffnent conferring such wbwxfty or on
any bond or
undertektng of the company, the seal, or a facVffQe thereof, may be impressed or affbxed or in any other martner reproduced;
provided,however.that the seal OWN not be necessary to the validity of any such Instrument or undertaking.*
Extract from a Recoludon of the Board of Directors of 8AFECO P43UPAMCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adapted Juhy 28,1970.
'On any Owfiftate executed by the Secretary or an assistant secretary of the Company setting out,
�) The Provisions of ArWe V.Section 13 of the By-Laws,and
Cri) A copy of the power-of-atwmey a poSntrnent,exea."d Pursuant thereto,and
(ni) Certffy*V that said power-of-attorney appointment is in full force and effect,
the atgnatum of the certifylhg officer may be by facsimile,and the sash of the Company may be a fac*nde thereof.'
I,Stephanie Daley-Wataon ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby oertily that the foregoing extracts or the By-Laws and of a Resolution of the Board at Directory
of these corporwdons,and of a Power of Attorney issued pimmM thereto,are sue and correct,and that both the By Lows,the Resolution
and the Paster of Aftomay are so in full force and affect.
IN WITNESS WHEREOF.I haw hereunto set my hand and aAbted fie facahnYe acrd of sold eerporatlon
this 29th day of October. 2008
SEAL $f SEAL
1933 � t x
STHWANE DALEY-wAT SON,SECWTAtt;Y
Sataoola enol elf Sateon kW are reatehered haftneft of Saffto Cocpor&kM
s-0974M 4M WEB PDF
E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN MATEO
On IOP41)a y before me, DIANE M. FAJARDO, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared BONNIE T. ATNIP
N-*s)of signers)
who 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
M.FAJA ' which the person(s) acted, executed the instrument.
A Z I certify under PENALTY OF PERJURY under the laws
ply of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h d and official seal. ,
Place Notary sal Signature — ti
Signature of
OPTIONAL
Though the information below is not required by law,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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General ❑Partner—❑ Limited ❑General
❑ Attorney in Fact : ❑Attorney in Fact MEMO
❑ Trustee Top of thumb here E)Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 Nesonal Notary Association•9350 De Sago Ave..PO.Bmc 2402•Chalmwrth,CA 91313.2402-www.Nasforallotwy,mg twm•5907 Reorder:Gag Toil-me 1-800.878.61327
Bond No.6369792
LABOR AND MATERIAL 13011 D
Whereas,the City Council of the City of Redlands, State of California,and Wood Bros., 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 October 21 , 2008,and identified as PEAK
POND RELINING PROJECT AT WATER RECLAMATION FACILITY, Project No. 2-
0"5 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 3092) 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 scull ofFour Hundred Seventy Three Thousand Four Hundred Forty sDollars ( +4,6.00 ) for materials furnished or labor
thereonn of any kind, or for amounts clue under the. Unemployment Insurance Act with respect to stich
work or labor, that said surety gill pay the same in an amount trot exceeding the amount hereinabove set
forth, and also in case suit is brought upon this frond, will pay, in addition to the face amount thereof
mete and re;lsrmahle expenses and tees, 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 band shall insure 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 bund be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in fail tbrce 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 saint; shall in any marruer 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
October 29 .2008.
(SEAL) (SEAL,)
Woo ros, Safeco Insurance Company of America
(Co.. tactor ore
t3Y; , ...
(Signature) ('Si to
Bonnie T. Atnip, A fiWorn n-Fact
Address. 120 Vantis 3rd Floor,Aliso Viejo CA 92666
(Seal and Notarial Acknowledgment of Surety) Telephone(650
CD 6
sereco Insurenm Company of Arnw ce
* POWER General k' rW#0e CMMTY o f America
OF ATTORNEY SSeeatU. Aw 98186
KNOW ALL BY THESE PRESENTS: No. 9366
That SAFECO ORKIRANCE COMPANY OF AMER" and GENERAL MURANCE COMPANY OF AMERICA, each a
Wa Shington corporation,does each hereby appoint
"'"BON ME T.ATNIP;DANIEL L.CENTONI;STEVE CHILK MICHAEL J.COLZANI;San Mateo,California*'*"***"**
its true and tawU attansy(s)iMact,with full authority to wwoute on its behalf fidei(y and surety bonds or undertaldrgs and other
documents of a similar character issued in the Course of its business,and to bind the respective company thereby.
IN WITf"SS WHEREOF, SAFECO NMRANCE COMPANY OF AMERICA and OENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested am*prsaenta
this 30th day of November 2006
STEPHANIE DALEY-YIIATSON SECRETARY TW MB(gLA IEWSKI SENIOR 329—:M-MMIT SURETY
CERTMICATE
Extract from the By-Laws Of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
*Ardde V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice
President appointed for#W purpose by ettorrinf�xa under other a the aA►cer in charge of surety operations.shall each have authority to appoint Individuals as
often documents r under thech8ra appropriatebar ate tides with suit ty to execute on behalf of the Company fidelity,and surety bonds and
such documents the by company in the course of ft business...On any instrument maidng or evidencing
aignahm may be affixed by facsimile. On any irmtrum nt conferring such authority or on any bond or
undertaking of the Oompeny, the seal,or a facsknlle thereof, may be impressed or aflbcad or In
any
Offw
Provided,however.that the seal shalt not be necessary to the validity of any such instrument or cmdertakft. rruenner feProduced;
Extract from a Resoktion Of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and Of GENERAL INSURANCE COMPANY OF AMERICA adopted.kdy 28,t 970.
.On arty oertillCats executed by the Secretary or an assistard secretary of the Company setting out,
(I) The provisions Of Ardce V.Section 13 of the By-t•aws,and
Ci) A copy of the power of atrorrtey gppoWMT,,nL executed pXWSM yam.SW
(iii) Cerlifyirg that said Power-of-attorney appointment is in AM force and effect,
the signature of the Certifying officer may be by facalmille,and the seat of the Company may be a facsimile thereof."
1,Stephanie COMPANY OF AMERICA, ,Secretary do her Of DECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
C these torpor AME and of a Poway�y that the foregoing swacts of the By-laws and of a Resolution of the Board of Directors
Orth the Power of Attorney issued ward thereto,aro true end correct,and thet both the By-L ,the Resolution
Attorney are sW in full force and affect
IN WITNESS WHEREOF'1 have heraueto sat my hared and affixed Ow facaimis seat of sold eorporadon
this .29 h day of October 2008
,4�*�
CSEA)L •�'wom
ELr
STIPNAIwE DMEY-WATSON,SEta*TARY
3-0874fikS 4p6 nd In
s0000e ea Saf ao iwo art raparta W eadw wrks at Safaoo Corpor km
YJEB PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN MATEO
On 101dlql)ori' before me, DIANE M. FAJARDO, NOTARY PUBLIC
Date Hero
ame and rale Insert Nof the officer
personally appeared BONNIE T. ATNIP
N 9)o Signer(s)
who 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/shelthey executed the same in his/herAheir authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
Z which the person(s) 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 my and and official seal.
Place Notary Seal Above Signature
Signature of Notary PWoc
OPTIONAL
Though the information below is not required by law,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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Titie(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited El General ❑Partner—❑ Limited ❑General _
❑ Attorney in Fact • ❑Attorney in Fact •
❑ Trustee Top of thumb here — Top of thumb here
01 Trustee
ElGuardian or Conservator ElGuardian or Conservator
❑ Other: ElOther:
Signer is Representing: Signer Is Representing:
02007 Nabonaf Notary Aavodabw•9350 De Soto Ave.,P.O,Sm 2402•Cha laworth.CA 913132402•www.Na0Nv04 aryorp teem*5907 Reorder:Cal Toa_F a t4800-Vs-wv