HomeMy Public PortalAboutC-20-084 - Drill Sub, Inc., Newkirk Avenue Storm Drain Line Emergency RepairAGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND DRILL SUB INC .
TillS A� FOR CONTRACT SERVICES (herein .. Agreement") is made and
entered into this _J_ day of September. 2020 by and between the City of Carson, a California
municipal corporation ("City") and Drill Sub, Inc .• a Delaware corporation ("Contractor'). City
and Contractor are sometimes hereinafter individually ref erred to as "Party" and hereinafter
collectively referred to as the "Parties."
RECITALS
A.The conugated metal pipes on existing storm drain lines running under the
residential properties located at 22104 Newldrk Avenue, 22106 Newkirk Avenue, 22111 Garston
Avenue. and 22105 Garston Avenue (collectively, "Private Property") within the City's boundaries
have collapsed or are otherwise in need of immediate repair. resuJting in severe flooding in the
area during the rainy season.
B.On September 1, 2020, under the emergency procedures permitted by California
Public Contract Code Sections 22035 and 22050, by way of City Council Agenda Item No. 2020-
581, the City Council approved, the performance of the services defined and described particularly
in Article 1 of this Agreement in order to repair such storm drain lines on an emCfBency basis,
which City will do by bre aching the surface of the public right-of-way and utilizing a "slip lining"
method to make the repairs within the Private Property.
C.The City Council awarded the construction contract to Contractor in the amount of
$66,900.00.
D.The Parties desire to formalize the selection of Contractor for perfonnance of those
services defined and described particularly in Article J of this Agreement and desire that the terms
of that perfonnancc be as particularly defined and described herein
OPERATIVE PROVISIONS
NOW. THEREFORE. in consideration of the mutual pr omises and covenants made by the
Parties and contained herein and other consideration. the value and adequacy of which are hereby
acknowledged, the parties agree as fol1ows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all tenns and conditions of this Agreement, the Contract or shall provide
those services specified in the "Scope of Services" attached hereto as Exhibit ... A" and incorporated
herein by this reference, which may be referred to herein as the "'services" or "work" hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thor ough. competent, and pro fessional manner, and is experienced in perfonning the work and services contemplated herein. Contractor shall at all times
-1-
IN WITNESS WHEREOF, the games hereto have executed this Agreement on the date
and year fiirst above en-
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APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[RJL]
CITY-
7bert
CARSO M al corporationRobles, )Mayor
CONTRACTOR:
DR
By
By
Title: Secretary
Address, 1713 Carcina Largo St.
Corona, California 93881
Califomia State License No.: 937432
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each or the ronowing groups: 1) Chairman of the Board, President or aur Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
so
Bond Na. 65177237
PERFORMANCE BOND ga[p)%7
We, Drill Sub Inc., as Principal, and Western Surety Company, as Surety, jointly and severally,
firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to
the City of Carson ("City"} for payment of the penal sum of Sixty Six Thousand Nine Hundred
U.S. Dollars and No Cents ($66,900.00). City and Principal have entered into an agreement, or
are about to enter into the agreement attached hereto and incorporated by reference herein, for
completion of public works for the property(ies) referenced in said agreement. Surety herein
approves of the terms and conditions of said agreement and binds itself to faithfully perform the
obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the
agreement herein referenced shall be that document as executed by City and Principal,
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand
to and abide by, and well and truly keep and perform all of the covenants, conditions, and
provisions in said agreement, and any alteration thereof made as therein provided, on
Principal's part to be kept and performed at the time and in the manner therein specified. and
shall indemnify and save harmless the City, City's engineer, and their consultants, and each of
their officials, directors, officers, employees and agents, as therein stipulated, then this
obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon
Principal's default after notice and within the time specified in the agreement, Surety will
promptly on demand deposit with City such amount as City may reasonably estimate as the cost
of completing all of Principal's obligations. Surety's obligation for payment herein shall exist,
notwithstanding any controversy between Principal and City regarding Principal's failure under
the agreement, and payment by Surety should be conclusively presumed between the parties
herein to relieve, as demanded. Surety's obligations herein and shall be deemed proper
payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the
agreement, or the work to be performed thereunder or the plans and specifications, or any
matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation
on this bond, and it does thereby waive notice thereof.
Principal and Surety agree that if the City is required to engage the services of an attorney in
connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees
incurred, with or without suit, in addition to the above sum.
Executed this 21St day of September, 2020.
Seal of Corporation Drill Sub Inc.
/,/—
By;
Title: CEO
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California: () Western Surety Company
ASSUREDPARTNERS OF CALIFORNIA
INSURANCE SERVICES, LLC 151 N. Franklin, 17th Floor
Name Street Number
10717 SORRENTO VALLEY RD. Chicago, IL (A)606
Streeter er City and State
SAN DIE M, A 92121-27.16 605-336-1850
City and State Telephone Number
858-352-2200
Telephone Number By:
Attorn in !=a Aor other
Repress ive JEFFREY HAROLD BYROADS
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety
company.
Sureties must be authorized to do business in and have an agent for service of process in
California and be on the accredited list of the United States Treasury Department (their bonds
will be limited to such amounts as would be acceptable to the Treasury Department), and
otherwise meet the requirements of the agreement.
Bond No. 63177237
PAYMENT BOND
We, Drill Sub Inc., as Principal, and Western Surety Company, as Surety, jointly and severally,
firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to
the City of Carson ("City') and those for whose benefit this bond insures in the sum of Sixty Six
Thousand Nine Hundred U.S. Dollars and No Cents ($66,900.04). City and Principal have
entered into an agreement, or are about to enter into the agreement attached hereto and
incorporated by reference herein, for completion of public works for the property(ies) referenced
in said agreement. Surety herein approves of the terms and conditions of said agreement and
binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform.
Surety acknowledges that the agreement herein referenced shall be that document as executed
by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay
any of the persons named in Section 9000 et seq. of the California Civil Code employed in the
performance of the agreement for materials furnished or for labor thereon of any kind, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor, then
Surety shall pay the same in an amount not exceeding the sum specified above, and also shall
pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by
the court.
Surety agrees that it shall pay the amounts due the persons above named and diligently
perform the agreement upon Principal's default after notice and within the time specified in the
agreement. If Surety fails to perform within the times specified in the agreement, Surety shall
promptly on demand deposit with City such amount as City may reasonably estimate as the cost
of completing all of Principal's obligations. Surety's obligation for payment herein shall extend,
notwithstanding any controversy between Principal and City regarding Principal's failure under
the agreement. Principal and Surety agree that any payment by Surety pursuant to this
paragraph should be conclusively presumed between the parties herein to relieve, as
demanded, Surety's obligation herein and shall be deemed proper payment as between
Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq.
of the California Civil Code so as to give aright of action to them or their assigns in any suit
brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the
agreement, or the work to be performed thereunder, or the plans and specifications, or any
matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation
on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each
will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
Executed this 21st
Seal of Corporation
day of September, 2020.
Drill Sub I
By:
Authoriz
Title: CE
Prin al
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California:
ASSUREDPARTNE-RS OF CALIFORNIA
INSURANCE SERVICES. LLC
Name
( ) Western Surety Company
131 N. Franklin. 17th Floor
Street Number
10717 SORRENI'O VALLEY RD. Clti m. IL 60606
Street Number City and State
SAN DIEGO. CA 92121-2746 603-336-0830
City and State Telephone Number
838432-2200
Telephone Number
By:
Attorney i et'or other
Representative JEFFREY HAROLD BYROADS
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Fumish the name, address and phone number of the company agent as well as the surety
company.
Sureties must be authorized to do business in and have an agent for service of process in
California and be on the accredited list of the United States Treasury Department (their bonds
will be limited to such amounts as would be acceptable to the Treasury Department), and
otherwise meet the requirements of the agreement.
- Acknowledgment of Principal
(9 Acknowledgment of Surety (Attorney -in -Fact)
A notary public or other officer completing this
certificate vedfies only the Identity of the
Individual who signed the document to which this
certificate is attached, and not the truthfulness
accuracy, or validity of that document.
STATE 0F. ?ECIRNIA
COUNTY Oe ss
On - -z 0 before me. 1ak1)j*-6-1F7
_ (late herer lad title of CEO.,,
personally appeared -- -- JEFFREY HARCi r BYROADS
nn(nr(s) of signer(s)
who proved to me on the basis of satisfactory eviclenre to be the person(s) whose name(s) iWalre subscribed
to the within instrument and aicknowleclgecl to me than helshefthey executed the same in hisfhentheir
autharixecl eatpacity(le9), incl that by hislherrtheir signatures) on the instrument the person(5), or the
entity upon behalf of %%hich the person(s) acted, executed the. instrument.
I evrtifi- under PCN.UNY OF Pl RJURY under the iaws of the State of California that the foregoing
paragraph is (rue and correct.iE.1?i-=i10I-n5rj
Natari ?so r- - Ca° vr.a
Sor o1'ga cm -n s
1�'I'I' CSS ►- and ml! oflic' I seat . Co-,ns&cnz1.220c'
1 0 Vi Cora ---*res 'an 2E 2022
Signatu (Beal I
(The balance of this page Is intentionally left blank.)
Western Surety Company Form 1900.8-2005 0
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 6� 177237
Anon all Alen By These Presents, that WESTERN SURETY COMPA..N'i-, a corporation duly organized and existing under the Inns
of the State of South Dakota. and having its principal office in Sioux falls, South Dakota (the "Company'), does by these presents make,
constitute and appoint .7RFFR
its true and lawful nttorney(s)-in-fart., with full power and authority hereby conferred to exrcaate ncknnwledge find deliver for and on its
behalf as Surety, bonds for
Principal: Dri' lsub Inc
Obligee: City of Carson
Amount: $1,000,000.00
and to bind the Company thereby as felly and to the same oxtent as if such bouds were signed by the Vice Presialcnt s aled with the,
efirpfirate -eal of the Company and duly attested by its Srrretar'y, hereby ratifying anti confirming all that the said attorney(.';) -in -rant
cony do within the above stated limitations. Said appointment is made under rind by authority of the fallowing bylaw of Wamern Slimly
Company which remains in full force and effect
"Section i. All hands, policies undertakings, Powers of attorney or other obligations of the corporation shall be executed in the
corpurtto name of the Company by the President, Secrutairy, any assistant Se: rowry, Treasurer. or any Vice President or by such other
ofTwors as the Board of Diniviors may nuthorize The President.. any Viee President Secretary, any :Issisrant. Serrntary, fir the
Tronsurpr cony appoint Attornvys in Fast or agents who shall have authority to issue bonds, pohi ies, nr undertakings in the mune of tho
Company. The ctrporntr. seal is not nnressary fnr the validity of any bond,., policies undertakings, Powers of Attorney or other
obligntions {af the corpurntinii The b►fmaWro of nn}' such officer and the crorpornte seal may be printed by' fncsimdc."
If Rand No 65177237_. _ _ is not issued on or before midnight or November 15, 2020 hIE
authority conferred in this Power of Attorney shall expire and terminntc
In Al"o- s WVh t•iacl; Western Surety 0' mpnny has mused those presents to be si{mod by its 4ico President. Paul -I'. Bruflat, and tt..�
ct) rato'seal to bei at'�'Zt ithis l -tom day of September.
«-I.S'I' R SUR4Tru;flnt
COMPANY
ST.11 e'br. SOUTH 11afilil:1 PVirg President
C.YIIJNT]',f1F Nl1NNUH-Al1A I'Pr:faritNri"
on this 2 Z s t day of Sep-t-Q�nber , in the year ----292 ,0— before me, it notary public•. perbonally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid oflicur of
1VESTERN SURETY CO\IPAINY and acknowledged said instrument to be the voluntary act and deed of said earporation
+atiSStiti•r.ayya..ti.,.,..ti..ti4.,.,s +
i J. MPHR r
z "A"t J
sSEAL YAU$L1C�s Notary
a 8lr SOUTH DAKOTA SEAL i y Public =South Dakota
+4444YY444 tiS65AtiM4�.ti5444 +
hey Cctntn_ssion Expires June 23, 2021
1 the undersigned officer of Western Surety Company. n stock oorporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable. and furthermore that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 21St day of
Se teriber 2020
«'EST�'R SURE COMPANY
Paul T, rulint, Vies. President
To validate bond authenticity, go to www.ennsuretv.com a Owner/Obligee Services > Validate Bond
Form F53DS-10-25717