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HomeMy WebLinkAboutContracts & Agreements_61-1999_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this -.-15' day of—... June 19-9-91 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 —Zini Industries dba Bakersfield Well and Pump a partnership consisting of Corporation or an individual trading as of the City of........Bakersfield County of—. Kern 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 Airport Well No. 2 Pump and Electric Motor, complete and in place, as specified in the Contract Documents (Specification), and a part of Project No. 4-9981A. 2. THE CONTRACT SUM: $-33..243.00 in accordance with the terms and conditions set forth in the Contract Documents. 3. TIME FOR COMPLETION: The work to be completed within twenty (20) working 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 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 includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposals and Bid Form, Bid Bond, Agreement, Faithful Performance Bond, Labor and Material Bond, Plans 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 $375,000.00 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) By ty of Re ds, Con y of San Bernardino, California ATTEST: City-Cleik, City 0, d ands Count'of San Be California (SEAL) Name ofCo r By izedAgin 4 Ile—I--A0 5 eA/7 Title Signature of Authorized Agent (if necessary) Title Contractor's License No. CD 2 WORKERS' COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department Airport Well No. 2 Pump and Electric Motor Project No. 4-9981A Labor Code section 3700 provides, in part: "Every employer except the State and all political subdivisions or institutions thereof, 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, 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 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. Dated this day of 4J( ---4 fSignature) (Seal) (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing any work.) CD 3 Bond #1676788 'Premium $366.00 PERFORMANCE BOND WHEREAS,the City Council of the City of Redlands, State of California, and Bakersfield Well & Pump Co. (hereinafter designated as "principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement date 8th - July _, 19g9 and identified as Airport Well No.2 Pump and Electric Motor,Project No. 4-9981A is hereby referred to and made a part hereof, and WHEREAS,said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said project. Now,Therefore,said Principal and InRRmce CxnFmY Of the West as surety, are held firmly bound unto the City of Redlands(hereinafter called "City"), in the penal sum of Thirty Three Thousand, Two hundred&fourty three Dollars($ 33,243 ) 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 conditions of this obligation is such that if the above bounded Principal, his or hers heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well truly keep and perform the covenants,conditions and provisions in the said agreement and 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 to 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 in anyway 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 work or to the specifications. in witness whereof,this instrument has been duly executed by the Principal and Surety above named, on oul 1999 ( 4KF SFJZW-FuL Je 9OMPANYSEAL) INSURANCE COMPANY OF THE WEST(SEAL) c (Surety) By: iJ�kl TSignature�-� Lori M Tull (Signature) Atterney in Fact, Address: 191 West Shaw Avenue Fresno, CA 93704 (St.1 nd Notes]Ackw-ledgmmt Of Swety) Telephone No.f 559 ) 224-7778 CD 4 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: LORI M.TULL its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February,1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duty authorized officers this 30TH day of APRIL 1998. G04PANPVf INSURANCE COMPANY OF THE WEST *4)?C,j I.kgx' L C'AN000- - - - STATE OF CALIFORNIA ohn L.oHannum,Executive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. G11)&I "-704�ye�� 7 RRY FAFAI If JANIS THEODORE 7 U 7 CERTIFICATE: 1,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 8th day of July 19 99 - INSU CE COPANY F WEST fi.trdlg'4ssistant7 S ICW 37 STATE OF California COUNTY OF Kern Ss. On July 8, 1999 before nie, Deborah J. Baize, Notary Public PERSONALLY APPEARED Lori M. Tull 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 acknowl- edged 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. WITNESS my hand and official seal. A tj gThis area for Official Notarial Seat /A 12o Sinature 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 LE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) EJ LIMITED 1:1 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAWCONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: t4AMf Or PEASON(S)On ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond #1676788 Premium $ 366.00 LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Redlands, State of California, and Bakersfield Well & Pump Co. (hereinafter designated as "principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement, date 8th Jilly. , 19-W and identified as Airport Well No.2 Pump and Electric Motor,Project No.4-9981A 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, materialmen, and other persons employed in the performance of the aforesaid agreed and referred to in the aforesaid Code of Civil Procedure in thX3 sum of Their-tv. th-no thasis. I Dollars(,t tbree 41 33,2 2 ) for — mater-ials'fumished 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 claim 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 conditions 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 witnes whereof,this instru ent has been duly executed by the Principal and Surety above named, on —July 8. BAKERSF WELLL & AL) (SEAL) INSURANCE COMPANY OF THE WEST act (S�rety) /A A By: Lori ull (Signature)Attorn-ey in 2act Address: 191 West Shaw Avenue Fresno, CA 93704 (Seal tnd Notmial Admowicdgmmt ofSwrty) Telephone No. (559 ) 224-7778 CD 5 ° ' Insurance Company ompany rf the West HOMEOFFICE:SAN DIEGO,CALIFORNIA �J������ ��� ���d������� POWER �� " " ~~"~"~"� " KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: LOR|M.TVLL its true and lawful/ftomey(s)-in-Fuct,with full power and omhoritY,to execube,on behalf o[the Cnmpaoy,fidelity and surety bonds,undaUakinpy,and other contracts ofsuretyship mfasimilar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is atrue copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fide|Utyand surety bonds,undertakings,vrother contracts ofsuretyship ofmsimilar nature;and toattach thereto the seal ofthe Company; provided however,that the absence ofthe seat shall not affect the validity n[the instrument. FURTHER REOOLVED,that the signatures of such officers and the seal of the Company,and the signatures ofany witnesses,the signatures and seal m[any notary,and the signatures ofany officers certifying the validity ofthe Power ofAttorney, may bmaffimed by facsimile." |NWITNESS WHEREOF,INSURANCE COMPANY OFTHE WEST has caused these presents to be signed by its duly authorized officers this 3OTHday ofAPRIL 1998. INSURANCE COMPANY QFTHE WEST toRp STATE OF CALIFORNIA ohnLMmnnum.Executive Vice Preside m SS. COUNTY OFSAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing ofthis instrument bythe principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate CndeD4121 and 4122, f V CERTIFICATE: - 1,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that theoriginal POWER OpATTORNEY,uf which the foregoing is a onw m4py,is s0/in*u||force and effect,and that this certificate may be signed by faoemoUe under the authority of the above quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Assistant Secretary,on this 8th day of July 1999 IN7SU YCECO PANY F WEST - Secrit ICW 37 rn fi,traig,Assistant il STATE OF California COUNTY OF Kern SS. On July 8, 1999 before me, Deborah J. Baize, Notary Public PERSONALLY APPEARED Lori M. `Full 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 acknowl- edged to me that Ile/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. WITNESS my hand and official seal, Signature CiAlt This area for Official Notarial Seat 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 El INDIVIDUAL ❑ CORPORATE OFFICER T{TLf{S} TITLE OR TYPE OF DOCUMENT Q PARTNER(S) ❑ LIMITED D GENERAL C� ATTORNEY-IN-FACT NUMBER OF PAGES Q TRUSTEE(S) El GUAROIAN/CONSERVATOR 13 OTHER: MATE OF DOCUMENT SIGNER I5 REPRESENTING: NAME UE PER S}On Et4T#TY{tES} SIGNER(S)OTHER THAN NAMED ABOVE Its-081 Rev 604 ALL-PURPOSE ACKNOWLEDGEMENT JUL.-08-99 THU 04:56 PM DIBUDUO & DEFENDIS FAX NO, 5594317941 P- 01/01 _ . A00M T � , _. DATE tMMrDDnn 47/08199 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION l�ulduo&DeFendis Yns, ONLY aN1,1 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic#0243420 ALTER THE COVERAQ5 APFORDED BY THE POLICIES BELOW, P.0.Sox 5479 1COMPANIES AFFORDING COVERAGE-- Fresno,CA 93755-5479 cO�IPANY __ l CA insurance Companies 024'3420 IHuUIiED COMPANY Zim)'nduAries Inc. B Federal Insurance Company _ Bakersfield Well&Punip Co. Gt}MPANY 4.545 E.Lincoln C Fresno,CA 937.25 FANY C1.5 GOMD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURAN CE — POLICY NUMBER POLICY EFFECTIVE POLICY FXPIRATIO4 LIMITS LTR DATE W)DDIYY) DATE{M UDDIM A wNERAL LIABILITP (3ENERAL ai3CiR6GATE 2,00,0 — 1056763615 11/1.5/98 11115/94 EX COMMERCIAL GENERAL LIABILITY I I PRODtC CS•c Act s Z ow 000 y CLAIMS MADE OCCUR� � �PENAL 8 ADV INJURY_`8 !_J OWNER'S&CONII-PACTOWS PROT I EACH OCCURRENCE FIRE DAMAGE(Any the fire) is _ 50.009 MED EXP E"one pei*on) s 5.00 A AUTOM(MLE LIABILITY X ANY AUTO 1456763629 11/15/98 j 11/15/998Ila SINGLE uaR �s 1,00{},000 ALI,OWNED AUTOS 'RMLY INJURY $ SCHEDULED AUTOS ( nroerson? X'KRED AUTOS 1 !! I PLY INJURY !$ NON-0"NIC)AUTOS (P6f�Ctitlent} PROPEIM DAMAGE Is QARAGELIASILITY AUTO ONLY-EAAG.^,IDENT ANY AUTO ! OTHER THAN AUTO 03v'i.Y.' i EACH ACCIDENT AGGREGATE S F, Excess LIABILITY 1 (44)797252611 11/1 S/98 11115/99 EACH OCCURRENCE _s__8,000,000 UMBRELLA FORM i AWREGATE 8,000,000 OTHER THAN UMBRELLA FORM � tt i s wo WCRKERS COMP A'TION AND I I d Y LfA��AI�TS I ER' A EMPLOYERS LIA xny {98}1069024102 081011" {18/01/49 1_{l0{}00. PROPRIETO , I t EL DISEASE-POLICY LIMIT :$ 10{x!000 3_.. PAaTNFRSAR Ec UTNE c>�IOSF�s ARE: �ExCL' EL 0I81:ASE-EA BMPLC7Y6E—I$ I ow 000 A oT SA Contractors 1056763615 1 11/15/98 � 11115199 $2,4{10,409 Spedal Form Equipment ' $250.00 Deductible ba« RIPTION OF OPEEIA LcyCATKtN$d+JT-`MIC'LES PI}CI6�t.NEMS ATE HIS: CANC LI.ATION: e , v r r 1- >i I i :... .. SHOULD ANY OF;r ABOVE DESCRIBED POLICIES at; CANCELLM REFOAF Tfil City of Re - SXPIRATkAND THEREOF, TH ISSM4 COMPANY WILL rNDEAVOR TO MAtL ilt3ifiajta;f vtwfies 1P- _ DAYSI - O- CUMPICATE KOLDE'R NAMED TO TRS LEFT, 35 Cajon Street,#16A RUT FAILUR O MAIL SUCH - E SMALL IMPM Ida 0OLICA,TM OR LIASIL11Y Civic Center Plaza 4, NY, Rctilltxxtlti,CA 923"/3 Of ANY `#ND UPON( TH COMPATTS AGENTS OR REPRIMENTATIVES. AUTN D EP CORP!AtION Recorded in official Records, County of San Bernardino, Larry Walker, Recorder RECORDING REQUESTED BY No Fee AND WHEN RECORDED MAIL TO Doc No . 19990471160 12 - 15pm 11 / 15/99 Name Office of the City Clerk Street City of Redlands 205 40213558 01 05 Address P.O.Box 3005 1 2 3 City& Redlands,California 92373 6 7 8 State PG FEE APE MINIS PH CPY CRT CPYT AOD NMI PEN PC PCOR J 5 6 L O�i , CH NON ST LN SVY CIT-CO TRANS ITAX DA CHRG EXAM EXAM NOTICE OF COMPLETION Notice 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 '-iV of Redlands-MuniciDal Utilities D :)art t 1 The full address of the owner is — P.O. Box 3005 D—AI-4— , A 2373 4. The nature of the interest or estate of the owner is: In fee. 01 other than Tee,strike 9n tee"and insert,for example, 'pu aser under-1-61 w purcnase,--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 6. A work of improvement on the property hereinafter described was completed on N ---__Qvember ggg The work done was: -Airport Well No. 2 PurnD and Electric Motor—PEgiect No. 4-9981A 7. The name of the contractor,if any,for such work of improvement was: Z�im- 0 Industries dba Bakersfield Well and Pump to W June 15, 1999 no con ra or or wor 01 inip,ovemerif as a Whole,inSern-none".) i----Contract) 8. 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:Located on Riverview Dr. al2l2roximately 75 feet east of Judson St. 9. The Street address of said property is None 01'nost—i—rens hasDeenotticially assigned,inse none Dated: November b I 5JU999 ra7 — 756 .j Elias�Eljha�Vin,�ProjecM ager Signature of owner or corporate officer of owner names in paragraph 2 or his agent VERIFICATION 1, the undersigned, say: I am the M nisi onager Utilities tor the declarant of the foregoing notice of completion; I have read Uweer of,etc,) — 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 19-9k.at Redlands ,California, ARTATT-klar 15 Mry��Fa-r-es-line,37 Gard G. P s, Municipal ilities Director (Personal signet individual who is are true.) OVA the Contents of the notice of completion