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Home My WebLink AboutContracts & Agreements_192-2002AGREEMENT THIS AGREEMENT, made and entered into this 19th day of November _, 20 02 , 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 Trautwein Construction. Inc. of the City of Riverside. 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: SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the following: Installation of the reservoir transmission pipeline, complete all as required by the Contract Documents and Specifications for the 1350 ZONE RESERVOIR AND TRANSMISSION PIPELINE, Project No. 4-0318. THE CONTRACT SUM: $_j,397.150.00 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 Public Contract Code section 22300. TIME FOR COMPLETION: The work under this Contract to be completed within two hundred seventy (270) 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 S500 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 S500 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. CD- I 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 relied 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. 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. 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. z: 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. lum IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first NATitten above. ELM ATTEST: City Clerk, NCity lands County of San Bernardino, California City of Redlands (Owner) Bv: Karl N. (Kasey) Haws Mayor, City of Redlands, County, of San Bernardino, California Trautwein Construction, Inc. Name of Contractor -7)By: Signature of A V41"ent iNlark Trautwein President Title Signature of Authorized Agent (if necessary) Title 773764A Contractor's License No. (SEAL) N= ACORDL CERTIFICATE OF LIABILITY INSURANCE OP ID Elf DATE (MWDD/YYYY) TRAUT-1 12/03/02 PRODUCER W -Schrinuner-Cavanagh NNA., VAN 'Insurance Agency, Inc. I ,La Habra CA 90631 Phone:562-691-6786 Fax:714-525-307r" INSURED IPINK "AMMUMLE V* tz= IF, COVERAGES INSURERS AFFORDING COVERAGE I NAlf" INSURER A: North American Capac±ty INSURER B� Golden Eactle Insurance Corp.! INSURER C: Royal I,ns-Co of America ------------ -- ----------- INSURER D� State Find I NSU R E R E 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ___1 LTRIINSRD TYPE OF INSURANCE POLICY NUMBER � L L I- I ATE (MMI DIYY) D DATE (MM/DDfYY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY A TY PNG0000596-00 iv uAmAut xvNTEU--- -T 12/01/02 12/01/03 I PREMISES (Ea ocemence) is50000 i CLAIMS MADE OCCUR r MED EXP Any crie person) �1$5000 PERSONAL & ADV INJURY :$1000000 1 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 10 0 0 0 0 0 7,1 PRO- POLICY JECT LOC AUTOMOBILE LIABILITY SINGLE LIMIT $1000000 B X ANY AUTO ECOMBIaccideNEDnt) a ALL OWNED AUTOS CBP 9544932 12/01/02 12/01/03 F 130DILY INJURY SCHEDULED AUTOS i$ (Per person} — ---- - -------- x HIRED AUTOS BODILY INJURY $ 'X NON -OWNED AUTOS 1 (Per accident) PROPERTY DAMAGE !$ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY, AGG $ EXCESSIUMBRELLA LIABILITY I EACH OCCURRENCE 's4000000 C iX OCCUR F-1 CLAIMS MADE P2HA207874 i 12/01/02 12/01/03 AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ I WORKERS COMPENSATION AND ORATU TWCIS ER LIMITS I MTj EMPLOYERS' LIABILITY D 1610213-01 PROPRIETOR/PARTNERIEXECUTfVE 12/01/02 12/01/03 i EL. EACH ACCIDENT $1000000 ANY OFFICERIMEMBER EXCLUDED? — ----- E.L. DISEASE - EA EMPLOYEE! $1000000 Ue describe under SPECIAL PROVISIONS below t E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER B :BUILDERS RISK .CBP 9544932 a1J3a%a2j 01/30/03 i MAX LIMIT 279590 j$500 DEDUCTIBLE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF REDLANDS, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED. SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT (PRIMARY WORDING) AND WAIVER OF SUBROGATION. RE: 1350 ZONE RESERVOIR & TRANSMISSION PIPELINE, #4-0318. CERTIFICATE HOLDER CANCELLATION CITYRED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 90MMOUMMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT KHMOOMMMSHALL CITY OF REDLANDS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P 0 BOX 3005 REDLAMS CA 92373 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Joan S. Cavanagh ACORr) 25 t200110141 0 ACORD CORPORATION 1988 f , C3 PLEASE READ rr CAREFULLY Ttb todor"ineut modlilks insurance provided under the foUnwing: NAME OF PFJWN(S) OR ORGANIZATIONM: City of Redlands, its officers, employees and volunteers (If " entry appears above, infortudon reciatred to tompkw this eadonenext wits be shown it, the Dsdarsdow as &ppltcabk to this eadorvenient) WHO IS AN INSURED (Section IT) is ameadW In hWude as an hmrod the porion or orgmdzedoes down in the schedule, but only with respect to tisbility ari"g cut of "YOUR WORIC* for that Insured by or for you. SUCH INSURANCE AMRDED By TMS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSUREDS SHALL BE PRUMLAXY INSURANCE BUT ONLY AS RRSPEAM ANY CLAWS, LOSS. OR LLARnZrY ARISING • • -nM OPMtA'nONS OF THE MAMM INSURED. AND A14Y INSURANCE MAINTAMED BY THE ADDITIONAL INSURFMS SHALL BE NON- CONTRIBUTING. A SLped By: ([*met Carrier Represestattvt) "I OC 2010 1193 Copyright. lusur-sues Servitts Office, lnr- 11AW KE: 1350 Zone Reservoir & Transmission Pipeline, #4-0318. M Policy Number- 1610213-01 Worken'Compensation CarTitr. State Fund IT IS AGREED THAT NVE WAILER ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMEN'T WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK- DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE NAME OF PERSON(S) OR ORGANIZATION City of Redlands, its officers, employees and volunteers Daft: 12/3/02 Authoriud Carrier Representative, Original Signature RE; 1350 Zone Reservoir & Transmission Pipeline, #4-0318. BOND NUMBER 6177991 EXECUTED IN DUPLICATE PREMIUM: $15,005.00 Whereas, the City Council of the City of Redlands, State of California, and TRAUTWEIN CONSTRUCTION, INC. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install reservoir transmission pipeline, which said agreement, dated NOVEMBER 19 .. 20 02, and identified as 1350 ZONE RFSFRV0M AND TRANSNIISSION PIPELE-iE, Project No. 4-0318 is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said project. OF AMERICA Now, therefore, said Principal and FIRST NATIONAL INSURANCE COMPANY as surety, are held firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of ONE MILLION THREE HUNDRED NINETY-SEVEN THOUSAND * Dollars ($ 1,397,150.00 _) 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, fmnly by these presents. *ONE HUNDRED FIFTY AND NO1100 The condition of this obligation is such that if the above bounded Principal, his or hem 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 be -come 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 per -formed 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 duty executed by the Principal and surety above named, on -- DECEMBER 2, 20 02 (SEAL) TRAVU9EIN CONSTRUCYION, ,INC. or nature) (Seal and Notarial Acknowledgment of Surety) SEALVTPYq qT NATTONAT, TJURANCF COMPANY �F AMERICA BY: MICHAEL D1 STON-G, (gi ature) ATTORN -IN-FACT Address- 2677 N. MAIN STREET SUITE 600 SANTA ANA, CA 92705 Telephone(114 ) 437-3052 NM STATE OF COUNTY OF On CALIFORNIA RIVERSIDE PERSONALLY APPEARED I SS. before me, R. STANDLEY MICHAEL D. STONG Personally known to me +14e, 0"+ �140 rasqis' of ) to be tl-to pet,s ori4--t whose namc4tit I-lielettee is/&rr--subscribed to the within instrument and acknovv1- edged to me that he/��xecuted the same in his/ 4+4r.;�+r,^=r authorized capacity+44 and that by his¢� tk",r.-signaturok&)-on the instrument the pers=4� or the entity- upon behalf of which the person{sj-acted, executed the instrument. WITNNESS my hand and official seal. Signature Pj hltw�' R. STANDLEY 4`-I' COMM #1263272 NOTAPY FUM-iC - CAUFORN, RNERVOPE My cminn. 7, .2,00J4 This area for Ofl�ciaf Nlotarial Seal 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 INDIVIDUAL CORPORATE OFFICER TIT! LtS'� E PARTNER(S) El LIMITED Ell GENERAL El ATTORNEY -IN -FACT El TRUSTEE(S) D GUARD' IAN!CONSERVATOR SIGNER IS REPRESENTING: NAME OF PERSON(s) OR ENTITY RES" TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE ID-O'S 1 Rev. 61194 ALL-PURPOSE ACKNOWLEDGEMENT BOND NUMBER 6177991 EXECUTED IN DUPLICATE PREMIUM INCLUDED IN PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California, and TRAUTWEIN CONSTRUCTION, INC. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install reservoir transmission pipeline, which said agreement, dated NOVEMBER 19, 200�2, and identified as 1350 ZONE RESERVOIR AND TRANSAUSSION PIPELINE, Project No. 4-0318 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 agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE MILLION THREE * Dollars (t1,397,150-) for materials furnished 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. *HUNDRED NINETY—SEVEN THOUSAND ONE HUNDRED FIFTY 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 Ns bond_ Shouldthe 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 DECEMBER 2, 20 02 (SEAL) TRAUIN COSTRUCTIO N,, INC. N E A , antra r) f air L S A111-61CA _Y OTEA NC)i CO MPA� FIRST N.JTION;A "jN ur 13Y. MICHAST ATTORNEY— N FACT Address: 2677 N. 'MAIN STREET SUITE 00 SANTA ANA, CA 9270i (Seat and Notarial Acknowledgment of Surety) Telephone (714)437-3052 mm STATE OF COUNTYOF On CALIFORNIA SS. RIVERSIDE I PERSONALLY APPEARED ,before me, — R. — STANDLEY MICHAEL D. STONG Personally known to me .-`-, 0� i4e.tee) to be the persono{�t whose m is/&rtrsubscribed to the Nvithin instrument and acknowl- edo�ed to me that he/A� 0 -executed the same in his/ 4+4;authorized capacit}q4ev+, and that by his/44aL/ t4"r,signature{g} on the instrument the person , or the entity upon behalf of which the person.(cted, executed the instrument. WITNESS my hand and official seal. Signature R. STAMOLEY This area for Of J\Totarial Seal 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. El INDIVIDUAL El CORPORATE OFFICER TITL.E{S} El PARTNER(S) Cl LIMITED El GENERAL Ell ATTORNEY -IN -FACT LJ TRUSTEE(S) 0 GUARDIAN/CONSERVATOR El OTHER: SIGNER IS REPRESENTING - NAME OF PERSONIS; OR EN'rff YHES) TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -OS', Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY 33 Brooklyn Aventic N.E. S,:attle, WA 98 105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WIASHINGTON 98105 No. 6966 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Vvtashingtor, corponation, does hereby appoint its true and laviful attorney(s)-in-fact, with full authority to execute on behalf of the mnnpany fidehty and surety bonds or undetakinos and otherdocWnenfs of a sim:!¢r character issued by the company in the on-UrSe of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if suc-I-1 instrurner!s had been duly executed by its regularly elected officers, at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 7 day of Fcbruary 1 1996 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: proti4ded, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the pourer -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of D4rectors, of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Lavvs, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation F11 this day of q Si1L R.A. PIERSON, SECRETARY S-10491FNEFF 7198 01105,200C PDF