HomeMy WebLinkAboutContracts & Agreements_256-2005_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of Dec . , 2005, 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 Spiess Construction Co., Inc. of the City of
Santa Maria, County of Santa Barbara, State of California, hereinafter referred to as the
"Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
I. SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work
for the following:
Construction of the Mill Creek Reservoir Replacement Project, complete all as required by the
Contract Documents and Specifications for MILL CREEK RESERVOIR
REPLACEMENT PROJECT,Project No. 1-0719.
2. THE CONTRACT SUM: $928,300 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 to be completed within 240
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
include all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions
to Bidders, Proposals and Bid Form, Bid Bond, Agreement, Performance Bond, Labor and
Material Bond, Plans, General Conditions, Special Conditions, Special Provisions, and
Specifications and any addenda thereto.
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6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
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terms or conditions of the contract documents, the prevailing party in such action, in addition to
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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 California 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 California 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'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.
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IN FITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:
M47a4, City of Redlands, ty of
San BernardiCoun
Bernardino,California
ATTEST:
City Clerk,City ofd ds
County of San Bernar ' o,California (SEAL)
Name of ntractor
By:
Signature of _ thorized Agent
n
Title
Signature of Authorized Agent(if necessary)
Title
89
Contractor's License No.
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on January 9, 2006,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I Xj personally
known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose
names) are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Fk E 0
0
Al
A,
0 ?ORA LORRIE POYZER, CITY CLERK
Teresa Ballinger, Assistant City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Ty al
Type of Document: Agreement
Date of Document: December 20, 2005
Signer(s) Other Than Named Above: Spiess Construction Co., Inc., Barry L. Matchett, Vice-
President
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
MILL CREEK RESERVOIR REPLACEMENT
PROJECT
Project No. 1-0719
Labor Code Section 3700,provides,in part:
"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 1861)
Dated this k'11j, day of--WtA � ,200 6Y.
6p - iM dp"Ic.
(Contractor)
&Al�
(Signature)
'rC - ,-E ►.
(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.)
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BOND #104625948
Premium: $7,712.00
PERFORMANCE BOND
Whereas,the City Council of the City of Redlands, State of California,and
Spiess Construction Co. , Inc. (hereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to construct new reservoirs, which said agreement,dated
Dec . 20 . 26)5, and identified as MILL CREEK RESERVOIR REPLACEMENT PROJECT,
Project No. 1-0719 is hereby refer-red 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.
Travelers Casualty and Surety Company
Now,therefore, said Principal and of America . as surety, are held
firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of Nine Hundred T my
Eight Thousand Three Hundred— —Dollars ($928,300.00 --- ) 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 whereof, this instrument has been duly executed by the Principal and surety above named, on
January 4 20 06(SEAL) (SEAL)
Travelers Casualty and Surety Company
Spiess Construction Co. , Inc. of Amprirn
(Contracto (SU
BY: �-(U
(Senture C —'(Signature)
Erin Bautista, Attorney—in—Fact
Address: 100 California St. , 9300
San Francisco, CA 94111
(Seal and Notarial Acknowledgment of Telephone(415 ) 732-1482
Surety)
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California All Purpose
Acknowledgment
State of California
County of San Mateo
On January 4, 2006 before me, Jean L. Neu, Notary Public
Date Name&Title of Officer/Notary
personally appeared Erin Bautista
Names(s) of Signers(s)
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the some 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.
WITNESS my hand and official seal.
Notary Public
----------- OPTIONAL
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document No. of Pages
Other Signer(s)
hAdocs\surety\forms\notary.doc
BOND #104625948
LABOR AND MATERIAL BOND
Whereas,the City Council of the City of Redlands, State of California, and
Spiess Construction Co. . Inc. (hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to construct new reservoirs, which said agreement,
dated December 20 20�0 5 , and identified as MILL CREEK RESERVOIR
REPLACEMENT PROJECT, Project No. 1-0719 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 ofT4,,,,-,,,d Nine Hundred Twenty Eight Dollars($928,300,,0 for materials furnished or labor
Th... jlt1n4q-- 4
thereon of any kind, or for amounts ue 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
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
January 4 20 06
(SEAL) (SEAL)
Spiess Construction Co. , Inc. Travelers Casualtyand Surpty Campany_aL America
1, (Buret(Co tr for n
Si nature)
(Signature),RNTC1%, 4A(t or r
r ( ne -in-Fact
JE 5 t)egT Erin Bautis , t orneyy
Address; 100 California Street, #100
-San Francisco, CA 94111 —
(Sea] and Notarial Acknowledgment of Surety) Telephone(415 ) 732-1482_
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California All Purpose
Acknowledgment
State of California
County of Son Mateo
On January 4, 2006 before me, Jean L. Neu, Notary Public
Date Name &Title of Officer/Notary
personally appeared Erin Bautista
Names(s)of Signers(s)
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.
WITNESS my hand and official seal.
jLM L.NEU
C"W"WWn#14626WO
COMOM10
son Mawo CountY
f**CoMm.tq*w DOC 21.
Notary Public
--------- OPTIONAL—
(The information below is not required by low)
Description of Attached Document
Title/type of Document
Date of Document No. of Pages
Other Signer(s)
h:\docs\su rety\forms\nota ry.doe
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Bryan D. Martin, Erin Bautista, Jody A. Johnson, Jean L. Neu, B. A. Poitevin, of
Redwood City,,California, their true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,execute
and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking andany and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the
authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05)Unlimited
STPAUL
TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain act's, of international terrorism. We are providing y0u,
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your
premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of an insurer's
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
ILT-10 18 (9/04)