HomeMy WebLinkAboutContracts & Agreements_187-2002AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of November, 2002, 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 H&H General Contractors. Inc.
of the City of San Bernardino, 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:
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To perform construction of California Street Traffic Signals and Street Improvements at Interstate 10 project,
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complete, all as shown, specified, and made a part of Contract No. 208' )00-7230141008.
2. THE CONTRACT SUM OF: $978,652.00 in accordance with the terms and conditions of the Contract
Documents.
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.
TIME FOR COMPLETION: The work shall be completed within two -hundred (200) work 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 $1,000.00 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 $ 1.000.00 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 to 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 Proposals, Instructions, Proposal and Proposal Forms. Agreement, Performance Bond
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Payment Bond, Plans and Specifications, Special Provisions, General Provisions, Technical Provisions. all
referenced drawings and specifications, and any Addenda thereto.
6. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions
of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its
reasonable attorney's fees.
7. DEFENSE OBLIGATION: The contractor shall defend, indemnify and hold harmless the City, its elected
officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of
action, including death, brought by any person or persons for or on account of any act or omission of the
contractor, its employees or agents
ents in connection with the performance of the contractor's obligation under this
contract.
Page 24
8. INSURANCE: All policies of insurance required and set forth in the general provisions including general
liability and business automobile insurance shall name the City, its elected officials, employees, and agents as
additional insureds. Any insurance required under this contract shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by the City.
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.
10. ELIGIBILITY OF CONTRACTOR/ SUBCONTRACTOR. 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.
11. 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.
12. 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.
13. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
CITYSEAL By: --2 c--- -2 /,-,-
Mayor, City of Redlands
County of San Bernardino, California
ATTEST:
4titylek—,City nds
Co' ty of San B n.Ninoc-California
CO,YTP,4CTOR SEAL By:
111-11111"MI-1 1,11� I I I i 1
Name of
of Authorized Agent
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
774552
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Description of Contract:
City of Redlands
Public Works Department
CALIFORNIA STREET TRAFFIC SIGNALS AND STREET IMPROVEMENTS AT INTERSTATE 10
PROJECT
CONTACT NO. 208300-7230/41008
Every employer except the State, shall secure the pa�iiient of compensation in one or more of the
following ways:
(a) By i
being insured against liability to pay compensation It, n 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 Workers' Compensation or to undertake self-insurance in accordance with
I
the provisions of that Code, and I will comply with such provision before commencing the performance
of the work of this contract. (Labor Code Section 1861)
Date:
wuevjan-.-Vsjm��
H&H GENERAL CONTRACTORS, INC.
Name ofCon for
By:
ROY HODGES
Contractor's License No.:
Sup&visor ofAuthorized Agent
NNERM
ISSUED IN DUPLICATE BOND NO: 551545P
PREmium! $11,364.00
PERFORMANCE BOND Pt t .
'D IS SU, 1040,O
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter de-qig=tWtWCity), and
H & H lit les. TW (hereinafter designated as Principal) have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which by said agreement
dated -NL&y. 6 2002, find identified as Contract No. 208300-7230/41008, is hereby referred to and made a
part hereof, and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the per-fort-nance ofthe
work, to furnish a good and sufficient faithful performance bond with the City.
NOW,TUPREFORE. said Princil3al and the undersivned as corporate surety, are held and fimily bound unto the
City inthe sum of N-I—N—p— HUNDRED SEVENTY EIGHT THOUSAND, SIX,
dollars
—ImTi "Or tc �paymen�i 978,E52-Cf)* — ��Onw i7h sum =11 and -truly to be rnade, 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 her heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well find truly keep rind perform
the covenants, conditions, and provisions in the said agreement and any alteration thereof trade as therein provided,
or his or her 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 therefor, there shall be
included costs and reasonable expenses and fees, including attorney's fees incurred by the City ill 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 named,
Oil NJA?43ER 1k, 12002. Bond No. 551545P
H & H GENERAL C./' DEVELOPERS SURETY AND INDEMNITY COMPANY
Principal SE A L) Surety (SEAL)
7
ByBy _
By
Signature rurc
JANET L. MILLER,
ATTORNEY —IN —FACT
Address- FT ;E' CENMPOIM, #530
LAKE OSWEGO, OR 97035
(Nolai ill Acknowledgmclit, of prIncipttl arose Surety) Telephone: (_BZQ_) _223-245]_
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il 1151"i i,I :ILTE Eliii I 1111i
State of California
County of San Bernardino ) ss�
On before me, Hilda Hernandez, Notary Public
Name and Tide of Officer (e.g., "Jane Doe, Notary Public')
Personally appeared 3&0,5ft
Narre;s) of Signerls)
171 personally known to me
M proved to me on the basis of satisfactory evidence
to be the personXwhose nameXis/9[,6'subscribed to the
within instrument and acknowledged to me that helshe4bery
HR-DAHERNMDEZ executed the same in hi authorized ca , pacit
— MM1 desion 362655
NoWry Public - Callinmig and that by hig/her/t,�*fir signafureo on the instrument the
San Semardloo County 1-r person , or the entity upon behalf of which the person
W CW"VTL 80M Jun 2s, 2oc6 acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
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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.
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
32=
Signer's Name:
71 Individual
171 Corporate Officer
Title
11 Partner -- 0 Limited 173
71 Attorney -in -Fact
71 Trustee
171 Guardian or Conservator
71 Other:
General
State of California
umy of 04
On before me
-Date Nanle and Tie of Of e.g., ' jan . Dec. Notary Pa, I:C'7 -
personally appeared
LER jOR AM
s i r* # 2W6
Hy,
rt%s ino `
ers n lly kn wn to me
proved to me on the basis of satisfactory
evidence
t; be the perstn(4�) whose name{ isi
subscribed to the Within instrument and
acknowledaed to me that hel fthr xecute
the same in his/authorize
capacity(and that by his/4
signature(64 on the instrument the person(,64,car
the entity upon behalf of which the person )
acted, executed time instrument-
-SS m hard official seal.
- -- —
Place Notary Seal Ano,e ----- �.g.. Aura of Noll. P-=blic
- OPTIONAL
T each the information below's not required by lave it may prove valuable to persons rejying on the document
and couid Prevent fraudulent removal and reattachment of this farm to another document.
Doia ment Date:
i <ner sj Other Than Named Above:
paities -Claimed by Signer
Signer's s Name:
Individual
C-Curate Duce: ltlest:
Partner — - - Limited General
Attorney :n Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
tuber f sages:
t:= Na_.'.—: HeAry Z— . • a;� Ole �WU n— P 0, B , a r . — t= ,., ., g 'a . 7 > oR-Free
ISSUED IN DUPLICATE WND NO: 551545P
PREMIUM INCLUDED IN
LABOR AND MA TERIAL PA YNENT BOND PmFuRmANcE BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and
H & H GUNERAL gqgR1�, Ii {hereinafter designated as "Principal") have entered into an agreement
whereby Principal agrees to install and complete certain designated public improvements, which bysaid agreement
datedJk_M1_S 2002, and identified as Contract No. 209300-7230/4 1008 known as the "PROJECT" which, 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 furnish a good and sufficient labor and materials payment bond with the City 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 and firmly bound unto the
City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the perfon-nance
or the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of
NDE FUSURID -cEVa4Jy EO[CHr allaEmU, SIX RIUM F= � & dollars {S 93B,652 -oo* for materials
furnished or labor thereon of any kind, or for arnou"R Clue 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 arriounthercinabove 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 in succe-qsfully 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 tendered.
It is hereby expressly stipulated and agreed that this bond shall inure 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 shalt 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 the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia
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 named,
HE
H & H GENERAL 7Z, ME 3T2
9M
Bond No. —551 545P�
DEVELOPERS SURETY AND INDEMNITY COMPANY
Sulety (SEAL)
BY'
-----------
By:
Signattur p
Signature
_ o X J�ANET L.- �MILtEk,
r It
Address,- FIVE CENTERPOINTE, #530 ATTCRNEY—IN—FACT
LAKE OSWEGO, OR 97035
(NOt-111,11 ACknowtodginenui of Principal sn4 Surety) Telephone: C_aCo_ wa�4 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMEND
I I 0
State of California
County of San Bernardino ) ss.
0 n 'Al- 4'o ti�em
..................
Vink -
before me, Hilda Hernandez, Notary Public
Name and Tifle of Officer fe g., "Jane Doe, Notaiv Pubk')
V_
Name(sl of Signer(s)
0 personally known to me
71 proved to me on the basis of satisfactory evidence
to be the personXwhose nameXis/ subscribed to the
within instrument and acknowledged to me that Wshe4y
executed the same in her/tt)err authorized capacity(*s' ),
and that by h/her/t ir signs 0 on the instrument the
or the entity upon behalf of which the person{)
r)
acted, executed the instrument.
WITNESS my hand and official seal.
2L
Signature of Noairy Public
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.
It•.�_ I I
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
�M
0 Individual
71 Corporate Officer
Title
71 Partner -- 71 Limited -0 General
I Attorney -in -Fact
71 Trustee
71 Guardian or Conservator
0 Other:
Number of Pages:
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX I97125, IRVINE. CA 926-1; • (1949) "'6i_ 30o
KNIOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each, hereby maize, constitute and appoint:
***Jay P. Freeman, Kelly A. Saitman, Janet L. Miller, jointly or severally***
as their true and lawful Attornevisym-Fact, to make, execute, deliver and tacknrnk ledge, forand on behadl' of said corporations, as sureties, bonds, undertak ncs and Contrac t<
of suretyship giving .and granting unto said Atu rnev( )-in-Fact fail power and aauthoritti to der and to perform every act necessary, requisite or proper to be clone in
connection therewith as each of said corporations could do, hnt reserving to each of said corporations full Tower of suhs[ittttion .and revocation, and aH of the acts of said
Atiornev(sf-in-Fact, pursuant to these presents, n e hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile tinder and b, authority of 'he following resolution, adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY C O.MPANY OF CALIFORNIA, effective as of November 1.20(xr:
RESOLVED, that the Chairman of the Board. the President and any Vice President cifthen corporation be, :.taut that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the attorneys) shamed its the Powers of Attorne} to execrate. on behalf of the corporoat"c.t,s, bonds- undertakings and cornnicts of turd ship,
and that the Secretary or Lane Assistant Secretar " of the corporations be, and each ofthere hereby i<, Anhorized to attest the execution of any Such Power of Anorney-
RESOLVED, FURTHER, that the signatures of such officers rnas be affixed to at v such Power of Attorney or to a ny certificate elaling, thereto by 1:ac,irnde, and
aan, such Power of Attortaev or certificate beaarine such facsimile signatures shall be valid :and binding capon the corpoi,ition when so affixed and if, tine futwe with respect to
an} bond, undertaking or contt-ace ofsuretkship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDE:1vINITY C ONIPANY nand INDE `INI Y C'ONIPANY OF CALIFORNIA have ae,,cmlk caused these
pac scnfs to he signed by their respective Executive Vice President and aauested by their €cspectiv€° Secrctaary d-Lis o" daav or I<antulav, _(NT_.
Sv. { AEiD 14r 'tPnNy,,
David H. Rhodes Executive Vice President ���
A—,4u—
v 1i}LL 1936 `= 18&7
Wahea A. Crowell, Sceret ary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE }
LIrC
On January 5, 20021. before me, Antonio Alvarado, personally appear-d David If. Rhoades and 1Yta=ter A. Crowell. personally known to nae (Or p,ctved to Me osa
the basis of satisfactory evidences to be the persons whose €taantes We st:bsca bed to the witltin instrument and acknowledged to me that the, executed the swam in their
at tho6zed capacities, and that by their sianatares on the insfrunlent the entity upon behalf o which the nersnn, ,ac..ed ex€ caasect the i"st a en3
WITNESS toy hand and official seal.
Si n attarct
ANTONIO ALVARADO
C3 COMM. # 1300303 15
Notary Public - California
t ORANGE COUNTY
I; f Ccran- Expires APRIL IO. 209u
The undersigned, as Chief Operating Officer of DEiVE.LOPE RS SURF T`Y AND I N DE MNI`T'Y C OM PAN and INDEMNITY CO;vfiPANY OF CA
dotes hereby certify that the foregoing Power of Attorney remains its full once and has not been revoked, nnd furthcn-pore, that the provisions of the rc olution of_ thw
respect;>e - T3onards of Doectors of saki corporations et forth it', the Power cif Att }r nev, are in forceas of the dale of this Certificate.
This Certificate is executed in the City of Irvine, C'alifortaiat, the _15M :I v of �
Be _.
Da, id G. Lane, Chief Operating Officer
State of California
County of,, c1t.3 _.
On l before me, /' J W t i
cla;< iti ��, =r u �a _r C- r ( .a'�'Jare Doe, Wotar; PuN_c`
personally appeared !
- --
LEr't
COMMr 3nq 76,5
Notary r . a
IVia. ,
personally known to the
proved to me on the basis of satisfactory
evidence
to be the erson(,P) whose name(#) is
subscribed to the within instrument and
acknowledged to me that he/94e44ey executed
the same in h i s/4ef authorized
capacity(i n), and that by his f it
signature( on the instrument the personfe , or
the entity upon behalf of which the person.4
acted, executed the instrument,
'�A my mend official seal
-- ----- ------ -- -- - _.
OPTIONAL
Though the information below is not required by law. ,a may prove valuable to persons :relying on the dog urrient
and could pever, fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Date;
& nerts) Other Than Named bone:
Capacity(ies)Claimed Signer
Signer's Larne. - -
nd!uiva[
Corporate Officer -- Tide( s ��, _ i
......... __
Partner --- ' Lim! ted General
Attie} in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
_- ... � SO 44 a. . .z . 2 U, . r - GA.