HomeMy WebLinkAboutC24100 - Ledge Stone Veneer Maint Agmnt LEDGE STONE VENEERS MAINTENANCE AGREEMENT
This Agreement is made and entered this day of , 2008,
by and between the City of Palm Desert, a municipal corporation of the State of California,
hereinafter referred to as "CITY", and Sukut Construction, Inc., hereinafter referred to as
"CONTRACTOR". CITY and CONTRACTOR are sometimes hereinafter individually
referred to as a "Party" and/or collectively referred to as the "Parties".
RECITALS
WHEREAS, on June 8, 2006, CITY awarded Contract No. C24100 to
CONTRACTOR as the lowest bidder for the construction of the Fred Waring Drive Sound
Wall construction (Project 654-01), and
WHEREAS, on July 24, 2006, CONTRACTOR was issued a "Notice to Proceed"to
commence construction work, and
WHEREAS, in CONTRACTOR's original bid, there is a line item forthe ledge stone
veneers installation for walls A, B, C, and F, as shown on the approved project plans, and
WHEREAS, the City has selected the ledge stone veneers named Seattle Karamu
by Sepulveda, the material supplier, with an agreed unit price, and
W HEREAS, after the installation of ledge stone veneers onto the sound wal(s by the
CONTRACTOR, some ledge stone veneer panels fell off of the new sound walls,
especially from California Street to Tennessee on Fred Waring Drive, and
W HEREAS, it has been determined that the falling ledge stone veneer panels were
caused by the faulty ledge stone veneer materials purchased from the supplier by the
CONTRACTOR, and
WHEREAS, after reinstallation of the falling ledge st�ne veneers by
CONTRACTOR, CITY desires assurance that CONTRACTOR shall warrant and guarantee
all materials and equipment furnished and work performed for the said ledge stone veneer
installation for two (2) years from the date that a "Notice of Completion" is recorded, and
WHEREAS, CONTRACTOR is desirous of maintaining said ledge stone veneers as
an enhancement of overall project quality and desirability,
NOW THEREFORE, in consideration of the acceptance of CONTRACTOR's work
by the CITY, and other mutual promises and consideration as set forth herein, the Parties
hereto mutually covenant and agree as follows:
TERMS
1. CONTRACTOR shall guarantee or warranty the said ledge stone veneers
against defects, pursuant to this Agreement, for a period of two years from the date that a
"Notice of Completion" is recorded. CITY shall record the Notice of Completion
immediately upon execution of this Agreement.
2. CONTRACTOR shall submit to CITY a letter of credit prior to City's execution
of this agreement in the amount of $25,000.00, which amount shall constitute
CONTRACTOR's maximum potential liability under this Agreement. The letter of credit
shall remain in full force and effect through the 2-year guarantee period.
3. Upon CONTRACTOR's execution of this Agreement, CITY shall immediately
schedule "project acceptance" as an item on the next available CITY Council meeting
agenda.
4. Within ten (10) business days after CONTRACTOR's execution of this
Agreement, which execution shall not be unreasonably delayed, CITY shall pay to
CONTRACTOR its retention owed under the contract
5. Within ten (10) working days after receiving written notice from CITY that
CfTY believes that a defect exists in the ledge stone veneers, CONTRACTOR shall, at no
cost to CITY, begin to repair, replace or reconstruct such defects.
6. In the event that CONTRACTOR fails to act reasonably promptly in
accordance with this requirement, CONTRACTOR hereby authorizes CITY to perform the
work, and the cost of such work shall be paid from the letter of credit.
7. All notices required or provided for under this Agreement shall be in writing
and delivered in person or sent by mail, postage prepaid and addressed as provided in this
Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the
date of deposit in the United States mail. Notices shall be addressed as follows unless a
written change of address is filed with the City:
Notice to CITY: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: City Clerk
Notice to CONTRACTOR: Sukut Construction
4010 W. Chandler Ave
Santa Ana, CA 92704
Attn: Jim Sewell
Notice to SURETY:
IN WITNESS WHEREOF,the Parties have executed this Agreement as ofthedate
first above written.
CITY: CONTRACTOR:
THE CITY OF PALM DESERT, Sukut Construction, Inc.
a California municipal corporation a California Corporation
By: By�
Jim well
City Manager
�tS: President Public Works Division
Date: Date: 4/11/2008
(If Applicable)
ATTEST: By:
By: Its:
City Clerk
Date:
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
City Attorney
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , 2008, before me, , personally
appeared , personally known to me or proved to me on
the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Notary Public
CALIFORNIA ALL-PUR�OSE ACKNOWLEDGMENT
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State of California
County of Orange
On April 11, 2008 before me, MarQaret K._ Herley, Notary Public __,
Date Here Insert Name and Title o the OHicer
personally appeared ,7 im Sewe 11 __
Name(s)oi Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(,s'j whose name(�'j is/afe subscribed to the
within instrument and acknowledged to me that
he/sbe/tk�ey executed the same in his/#�e�/�eir authorized
capacity(ies), and that by his/we�/tMe'rsignature�s'f on the
instrument the person($'j, or the entity upon behalf of
which the personS,a'j acted, executed the instrument.
. MARGARET K.HERLEY I certify under PENALTY OF PERJURY under the laws
COMMISSION�k1b97181
� Notery Pubtic-Celifornl� � of the State of California that the foregoing paragraph is
ORANOE COUNTY ., true and correct.
My Commisaton Explres
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WITNESS my hand and official seal.
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Signature �" `
Place Notary Seal Above Signature of Notary Pu lic
OPTIONAL
Though the information below is not requrred by/aw, it may prove va/uab/e to persons relying on the document
and could prevent fraudu/ent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: LEDGE STONE VENEERS MAINTENANCE AGREEMENT
Document Date: 4-11-08 Number of Pages: 2
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: J TM SEWELL Signer's Name: �
❑ Individual PRESIDENT C Individual
� Corporate Officer—Title(s): PUBLIC WORKS DIV�]Corporate Officer—Title(s):
[.1 Partner—� Limited !J General ❑ Partner—❑ Limited C General
!� Attorney in Fact • C!Attorney in Fact •
�-i Trustee Top of thumb here U Trustee Top ot thumb here
iu Guardian or Conservator CJ Guardian or Conservator
u Other: J Other:
SUKUT CONSTRUCTION, INC. �
Signer Is Representing: Signer Is Representing:
m2007 National Notary Assoaation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotery.org Item A5907 Reordec Call Tdl-Free 1-800-876-6827