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HomeMy WebLinkAboutContracts & Agreements_21-2006_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of February , 2006, 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 SoCal Pacific Construction Corporation of the City of Lake Elsinore, County of Riverside, 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 WORD: The Contractor will furnish all materials and will perform all of the work for the following: Construction of certain designated public improvements, complete all as rewired by the Contract Documents and Specifications for THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE REPLACEMENT PROJECT, Project No. 4-0688. 1 THE CONTRACT SUM: 538.450 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 Public Contract Code section 22300. 3. TIME FOR COMPLETION: The work under this Contract 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 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, General Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto. i CD-1 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or in the terms or conditions of the contract documents, the prevailing interpret addition to any costs and other relief, shall be entitled o recover its reasonable attorneys, fees. y 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 f 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 CONTRACTORISUBCONTRACTOR: Contractor and any subcontractors agree to abide by California Public Contractor's 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 da first written above, y and year {SEAL} City of Redlands (O;a�n ner) Bjs yor, City of Redlands, County of A'T'TEST. Bernardino, California City erk, City of, ra ds County of San Bernardino, California (SEAL) Socal Pacific Construc ' on Corp. Name of Con By: Signature of Authorized Agent (Anton Anstett) President Title Signature of Authorized Agent(if necessary) Title 443117 Contractor's License No. I Cly-3 MOSSY r s WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities Department THE TATE WATER TREATMENT PLANT EFFLUENT PIPELINE REPLACEMENT PROJECT Project No. 4-0688 Labor Code section 3700 provides, in part: "Every employer except the State, shall secure the payment of compensation in one more of the following ways: or (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 1861) Dated this 2n-_ day of Feb ,, 2006 . Socal Pacific Construction Corp (Contr ignature) Anton Ansttt President (SEAL) (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed b the Contractor with the Owner prior to performing the work of the contract.) y CD-4 PREMIUM IS rOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT r BASED ON FINAL CONTRACT PRICE BOND #SU1009502 �.� PREMIUM: $7,552 BOND IS ISSUED IN SIX (6) COUNTERPARTS w"N j -'ERp'dltMANCi,BLIND Whereas, the City Council of the City of Redlands, State of California, and Soca Corporation (Ile'Vlaagter d4�signaied as ".Principal") have cntcrAl into , agreement SoCawh6c Construction agrees to instLrli artd complete ccrta.in designated public improvements,which said agreement datP�rineipal February 2 ) 2006, and identified as TH TATL VyATigR TREATMENT PIPELINE REPLACEMENT PROJECT PrOJOct No. 4.0688 is herere rrdLANT EFFLUENT hereof; and ' Y to and made a part Whereas, said Principal is required under tho terms of said agreement to furnish a bond for the faithful performance of said project. Now,therefore,said Principal and ARCH INSURANCE COMPANY firmly bound unto tho City of Redlands(horoinatter call"City'7, In the pang(sum of as surety, are held eight thousand four hundrod and r Dollars hundred thirty- paymemoney or the nt Ofwhich sum well and truly to be made, w�urseelvels,our lis, suotJnit d States, for the administrators,jointly and severally, firnrtly by these presents, , executors and The condition of this obligation is such that if the above bounded Principal, his or hors heirs, executors administrator,successors or assigns, shall in all things stand to and abide by,and well and tarty keep and Perform the cavennnts,conditions and provisions in the said agreement and any attoratiorr thou (made as therein provided, or his or their part, to be kept and specified, and in all rcapccts accordin per'formcd at the time and in the manner therein save harmless the City, its clectod atfigialstofficors, agents a and employees,ntent and meaning, herodinfsti� Indemnify and obligation shall bccaano rail and void; Qlhorwiso it shall be and remain in full force and o£fect�� then this As a Part of the obligation secured hereby and in addition the face amount specified theroforo, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred b the City In successfully enforcing such obligation, all to be taxed as costs and included in any judgmenty rendered, The surety hcm.bY St pula.tos and agrees that no change, extension of time, alteration or addition to the terms of the agroomont or to the work to be performed thereunder or the spoolfications aocom same shall in anywise affect its obligations on this bond, and It does hereby waive notice Barrin y such die change, extension of time, alteration or addition to the terms of the agment or to the work or to the specifications. ree In witness whomof, this instruln.e11t Ila$ been duly executed by the Principal and surety above named, on January 24 � 20 06 SOCAL PACIFIC (SEAL) CONSTRUCT CORPORA ARCH INSURANCE COMPANY (SEAL) (Con o BY. Surety) ( ignature) OR �it'CxS SHANNON LOPEZ, ATTORNEY RNEY IN ACT Address: AY A WAY ��448 (Seal aAd Notarial Acknowlodgmcnt of T Ic honeSAN DIGO CA 92131 Surety) P ( 858) 1-4�4 CD-5 4 y CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California V County of San Bernardino On January 24 2006 before me Kathleen R an Not Public Personally appeared Shannon Lo ez---------- ----------------------- [X) personally known to me - 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. KATHLEEN RYAN COMM.01363196 n ., NOTARY PUBLIC-CALIFORNIA �O SAN COMM.BERExp. JUI COUNTY j WITNESS my hand and official seal, ^�•"" MY mm.Exp.July 26,2006 OPTIONAL Though the data below is not required by law, of this form, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [ ) 4PPR ORAI: c-€R Title(s) Performance Bond Title or Type of Document [ ) rLQarir�i�-Ti [X) ATTORNEy_ IN-FACT 1 [ )- Number of Pages Jan 24 2006 Date of Document SIGNER IS REPRESENTING: Arch Insurance Company SoCal Pacific Construction Co oration Signers) other than Named Above 300 'µ ' BOND #SU1009502 PREMIUM IS INCLUDED IN PERFORMANCE BOND BOND IS ISSUED IN SIX (6) COUNTERPARTS LABOR AND MA'!'ER[AL BOND Whereas, the City Council of tile City of Redlands, State of Cal iforni Corporation (hoaninafter designated as "Principal") have ont°rod into an agreement whereby agrees to install and complete certain designated public ' and S°Cat Pacific Construction February 2 2006, and idantilicd as THE TATE Wq�K r a,which said agreement, dated , PIPELINE REPLACEMENT PRO rECT, project No. 4.0�t�g is hereby r r P>L,ANT .k>[�rLUEN!' hereof;and erred to and made a part Whereas, under the torms of said agroomont, Principal is required before entering Of the work, to rile a good and sufficient payment bond with the City of Redlands to secure the which reference is made in Title 15 (conuuencing with Section 3082 of Part sting upon the performance Code oftho State of California. ) 4 of Division 3 of the Civclaims il Now, therefore, said Principal and the undersigned as corporate City Of Redlands and all con traoors, subcontractors, as laborers, rety' are hold firmly bound unto the In the Mformanco of the aforesaid agreement and roforred to in theraforoial sa. and de of Civil the sum of ve parsons employed furnished or labor thereon of any kind, or for amounts due under the Dollars Procedure in respect to such work or labor, that said surety will pay the same In an for materials horeinabove set forth, and also in case suit is brought upon Unomployot ex Insurance Act with amount not exceeding the amount amount thereof, costs and reasonablo @xpenscs and Fees, including reasonable attorney's fees, inc urred by the Cl of ft®dla"d,9 ill g'-Ecceasfuil?' enforcing such obligation to be awarded d, will p Y` in addition to the face to be taxed as costs and to be included in tho judgment therein rendered. and fixed by the court,and It is hereby expressly stipulated and agroed that this bond shall insure to the b Persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3052) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to enetlt of any and all any suit brought upon this bond., ern or their assigns in Should the condition of this bond be fail e Otherwise It shall be and remain in full force and affect, this obligation shall become null and void, The surety hereby stipulates and agrees that no change, extension of time, alteration or addition terms of said agreement or i]te specifications accotn on to the Obligations on this bond,and it does hereby waive notice �y dle me shall in on of time, affect its or addition, me,alteration rn witness rvhoroof, this instrument has been duly executed by the principal and surety above nam` January 24 2006 ed, on SOCAL PACIFIC CONSTRUCT N CORPORA ON (SEAL) (Con o °'"'♦---- ARCH INSURANCE COMPANY (SEAL) (Signature) BY; (Surety SHANNON LOPEZ, ATTOnatu IN FACT Address; 1 — CRI (Seal and Notarial Acknowlodgment of Sure S,4N DIEGO AY ��448 ') Teleph 58ena 8)2714393 CD-6 �u CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On January 24 2006 before me Kathleen R an No Public Personally appeared Shannon Lo ez___________ _ ----------------- [Xl p ------------- personally known to me - 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 be 11atur which the person acted, executed the instrument. alf of KATHLEEN RYAN COMM.#1363196 n U NOTARY PUBLIC-CALIFORNIA ;0 SAN BERNARDINO COUNTY - MY Comm.Exp.July 26,20t>6 WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document of this form, and could prevent fraudulent reattachment CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Tr nr FICER Title(s) Labor and Material Bond UMITE Title or Type of Document [ J [ l 4 [l] ATTORNEY-IN-FACT 1 [ I ��� ` m Number of Pages Jan 24 2006 Date of Document SIGNER IS REPRESENTING: Arch Insurance Com an SoCai Pacific Construction Co oration Signers) other than Named Above a POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws Of the State Of Miss principal Office in Kansas City, Missouri(hereinafter referred to as the"Company,,)does hereby appoint ouri, having its Peter M. Davis, Martin M. Davis, George A. DeCristo, Shannon Lopez, Gale L. Delo and Kenzie K. Thompson of Redlands,CA(EACH) its true and lawful Adomey(s)wln-Fact, to make, execute, seal, and deliver from the date Of Issuance 0 1 f this Power for and on Its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the Payment or collection of any Promissory note,check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to brineach such bond within the dollar limit of authority as set forth herein. g The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these Presents shall be as.binding upon the sid Company as fully and amply to all intents and purposes, as if the same had"b" "been dUly executed and acknowledged ba y its regularly elected officers at its principal Office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent'of the Board of Directors.of the Company on March 3,2003, true and accurate copies Of Mich are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect. *VOTED, That the Chairman of the Board, the President or any Vice President or their appointees designated i and Nn ung with the Secretary, or the Secretary shall have the Power and authority to appoint agents and attOmeys4nfact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and officers of the Company may appoint agents for acceptance of process." undertakings, recognizances, conti-acts of indemnity and other writings, obligatoryin the nature thereof, and any such This Power Of Attorney is signed, sealed and certified by facsimile under and by authority of the followin adopted by the unanimous,consent of the Board of Directors of the Company on March 3, 2003: g resolution VOTED, That the signature of the Chairman of the Board. the President or any Vice President, or their appointees designated In writing and Ned with the Secretary, and the signature of the Secretary a s a C pan d certifications by the Secretary, may be affixed by facsimile on any powof attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and ant's such r s- th eat Of the OM y. an with respect to any bond or undertaking to which it is attached,shell continue to bepowevalido executed, sealed and certified and binding upon the Company. 00MI-00 13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to b04 igned and its corporate seal to be affixed by their authorized officers, this 14th day of July Arch Insurance Company Attested and Certified once WOO '" 1977 SM A 'O/. � Joseph S. L1, Corporate LSecretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFK3AL SEAL WAMA B.GKL","Pat& Store Of cwdwcwA Me�fissailligan, Notary Public MY EVka Fetirm 28,2005 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power Of Attorney dated July 14,2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch insurance Company on this20 06 _ZAth day of January —;W S ell, Corporate Joseph S rate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. flat Home Office: Kansas City, MO 00ML001 3 00 03 03 Page 2 of 2 Printed in U.S.A.