HomeMy WebLinkAboutContracts & Agreements_228-2014_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction Contract ("Contract") is made and entered into this 2nd day of
December, 2014, by and between the City of Redlands, a municipal corporation, organized and
existing under the laws of the State of California (hereinafter "City"), and NPO, Inc. (hereinafter
"Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the"Parties."
In consideration of the mutual promises contained herein,City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following: Joslyn Senior Center Parking lot Repaving Project, complete, as required by the
Contract Documents (as herein defined) and Specifications for City's Joslyn Senior Center
Parking lot Repaving Project(the"Work").
2. CONTRACT SUM: City shall pay Contractor the sum of Fifty Six Thousand, One Hundred and
Fifty Seven Dollars ($56,157.00) as consideration for its performance of the Work in accordance
with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract
Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a
substitute for retention of earnings required to be withheld by City pursuant to an escrow
agreement as set forth in Public Contract Code section 22300.
3. TIME4 FOR COMPLETION: The Work shall be completed within ninety (90) calendar days
from and after the date of the delivery to Contractor of the Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each
consecutive calendar day in excess of the specified time for completion of the Work.
Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred
Dollars ($500) per day is the estimated damage to City 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: This Contract incorporates by reference the following:
Contractor's Proposal, Bid Bond, Agreement Performance, Labor and Material Bond, Plans,
General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively
the"Contract Documents").
6. ATTORNEYS' FEES: In the event any 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 relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of
in-house counsel by a Party.
7, RESOLUTION OF CONSTRUCTION CLAIMS: Any claims by Contractor in the amount of
Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor
1:\ca\djm\Agreements\NPG Construction Agreement 12.2.14.doc
and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public
Contract Code (conunencing with Section 20104). All claims shall be in writing and include the
documents necessary to substantiate the claim. Nothing in Public Contract Code Section 20104.2
shall extend the time limit or supersede the notice requirements provided for the filing of claims by
Contractor.
8. ELIGIBILITY OF CONTRACTORISUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Cade sections 1777.1
and/or 1777.7, and certify that they are not debarred and are eligible to perform the Work.
9. ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights or interests
under this Contract shall be binding on the City without the prior written consent of the City.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective
successors and assigns 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 tinder any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor.
[:\ca1djmlAgreemenlsliIPG Construction A.-reement 12.2.14.doc
IN WITNESS WHEREOF, the Partles hereto have cxecuted this Contract the clay and yeiar first,
written above.
City cel Redlands
(SEA-L)
Pete Aguilar, May if
ATTEST:
,T'I
Sam IrwAinly C rk
(SEA,L)
Jeff S. Nelson
NPG, Inc.
By.
Sign re of uthc ed Agen
resde
Signature of Authorized Agent if necessary)
Title
664779
Contractor's License No.
I:kc,,i,(IjmlAtrceiiienis',NIIG Construction Agreerncw �2.2,14,doc
0
Bond No. 389411P
Premium: $1, 123.00
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and NPG, Inc. (hereinafter designated as
"Principal") have entered into an agreement dated December 2, 2014 ("Agreement") whereby Principal agrees to
install and complete certain public improvements(the"Work"),which said Agreement is identified as REPAVING
& RESTRIPING THE JOSLYN SENIOR CENTER PARKING LOT, Project Number QOL09192014BM
and is hereby referred to and made a part hereof;and
Whereas, said Principal is required under the terms of thef�tpn��h o for the faithful
performance of the Agreement,now,therefore,we,the Principal and AI 6 A�� t��,as Surety, are
held and firmly bound unto the City in the penal sum of Fifty Six Thousand, One Hundred and Fifty Seven Dollars
($56,157.) lawful money of the United States, for the payment of which sum we bind ourselves, and 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 its heirs, executors,
administrators,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 Agreement and any alteration thereof made as therein provided,on
his or its 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 faithfully fulfill the one-year guarantee of all materials and workmanship,
and shall defend, indemnify and save harmless the City and 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 to the face amount specified therefor,there shall
be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in
successfully enforcing such obligations,all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold
good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the
City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements
and totally protect the City from loss or damage made evident during this period from the date of completion of the
Work,and resulting from or caused by defective materials or faulty workmanship,the above obligation in penal sum
thereof shall remain in full force and effect.
The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be,and is declared by the City to be, in default under the Agreement,the City
having performed the City obligations thereunder,the Surety shall promptly remedy the default,or shall promptly,at
the City's option:
1. Complete the Agreement in accordance with its terms and conditions;or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon
determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder
and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less
the balance of the Agreement price,but not exceeding, including other costs and damages for which Surety may be
liable hereunder,the amount set forth above. The term"balance of the Agreement price,"as used in this paragraph,
shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto,
less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by
Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the
Principal for completion of the Work if the City,when declaring the Principal in default,notifies Surety of the City's
objection to the Principal's fiirther participation in the completion of the Work.
No rie'ht of action shall accrue on the bond to or for the use of any person or corporation other than the City
narned herein or the successors or assigns of the City, Any suit under this bond must be instituted within the
applicable statute of limitations period.
The said Surety, for value received. 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 theSpecifications
accompanying the same shall in any way affect its obligations on this bond. anti it does hereby raive notice ofany
such change, extension of time, alteration or addition to the tertru; of the agreement or to the vtork- or to the
specifications,
No final settlement bet-ween the City and the Principal shall abridge the right of any beneficiary hereunder
whose claim may be unsatisfied,
The Principal and Surety agree that if the City is required to engage the services of any attorney, in
- I
connection with the enforcement of this bond.each shall pm!the City's reasonable Attorneys' fees incurred, with or
without suit,in:addition to the above sunt.
The Surety hereby stipulates and agrees that no change,extension of time alteration or addition to the terms
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of the Agreement or to the Work to be performed thereunder or the specifications accompanying the same shall in
an,3 Nvav affect its obligations on this bond,and it does hereby waive notice Of anV SUCh Chap-e,. 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.or,
December 11 --,201 4
(SEAL) (SEAL)
N.P.G. , INC. INDEMNITY COMPANY OFCALLFORNIA-
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(Coptractor) (So 71
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(Signature) (Signature)
Marsha C. Car�rison, Attorney–in–Fact
ADDRESS: INDEMNITY COMPANY OF CALIFORNIA
92614
TELEPHONE: ',949 263-3300
{Seal and Notarial Acknowledgement of Surety)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )S
COUNTY OF Riverside
Ori / M before me, Monica aian i , Notary Public,personally appeared
Jeff S.Also
who proved to me on the basis of satisfactory evidence to be the persons whose name Wall subscribed to the within
instrument and ac no e edged to me that he/6bel he/6bexecuted the erne in his/heF4h&authorized capacity(ill and that
by his/ sinatureo on tate instrument the peronN, or the entity capon behalf of which the perones acted,
executed the instrument" I certify under PENALTY OF PERJURY udder the laves of the State of California that the
foregoing paragraph is true and correct,
&
WITNESS my har r#.a1 d i ial seal. , i�3Ni A GA&VAA• AMIREorr mission# 1 19170
. olar Public• California z
Signature r' w� y lRiverside Co my �
Mori Calvan-Ramirez Notary Public My Comm,Expres Jan 230 21115
This area for official notarial seal:,
OPTIONAL SECTION
CAPACITY CLAIMED E
Through statute does not require the Notary to fill in the data below,doing so may grove invaluable to persons relyin e
documents.,
INDIVIDUAL
CORPORATE OFFICER(S) LEtS
PARTNER(S) LIMITED GENE
ATTORNEY- N-FAC` `
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER Manager
SIGNER IS REP NTING::
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE T BE ATTACHEDTHE DOCUMENTC ECS
TITLE OR TYPE OF DOCUMENT:
NUMBER OF MAGES /A DATE OF DOCUMENT N/A
SIGNER(S)OS)OTHER THAN NAMED ABOVE
S`y�-nr,n,cl>,c�^�^,GS"�.M.c�la'i'^!'-'.C'C`��.c��'r�Y•�oc'n�'h,C'r.€`c',cr-;��,�--..�.-._ - - - _ ->- - ->-
CALDFORNPA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 12/11/14 before me, Leon E Blakely / Notary P Ohl;c
Date Here inserl Name and Tftle of the Clttcer
personally appeared Marsha C. Garrison
Names)01 Signer(s)
who 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
LEON E.BLAKELY instrument the person(s), or the entity upon behalf of
Commission#2034309 which the person(s) acted, executed the instrument.
Notary Public•California a
Orange County
My Comm.Ex IresAu 16,2017+ I certify under PENALTY OF PERJURY under the Paws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seat.
Signature
Place Notary Seal Above OPTIONAL Signature of Notary Public
Though the information below,is not required by lam; it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date: December 11, 2014 Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—(�Limited ❑General ❑Partner—❑ Limited ❑ General
ElAttorney in Fact I:1" ❑Attorney in Fact '
❑ Trustee
fop of thumb here ❑Trustee "fop of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
Reorder:CaElToll•Free 5-800-876.6827
02007 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsvrorth,CA 91313-2402•www.NalionalNolary.orgyDilfem:159
Bond W, 389410
Premiuv includ& ir Performance
Bond
LABOF ANC.''NIA TIERIAL BOND
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December 11,
3z B A W,
NPG, 1NDEMNITY CoMpAVy Or -,- IFU I At
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Pq PG,
G. Garrison, Anorney-0-Fact
(Ignmun" J (Signature,, Marsno
-INDE�M-ITY CONFAFT OF CALIFORNIA
17771 Cowin'-Ave. , Ste. 1' 0, irrine CA 92614
(Scof anc"Nnt-arini C--surmy) 96 �-*13010��—
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF Riverside
On before me, Monica Galvan-Ramire z _, Notary Public, personally appeared
Jeff S.Nelson
who proved to me on the basis of satisfactory evidence to be the personW whose name{&)is/ subscribed to the within
instrument and acknowledged to me that he/streltbey executed the same in hisIbe4theif authorized capacity(4 , and that
by his/-herAheir signatures}on the instrument the person(--), or the entity upon behalf of which the person(s)acted,
executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and dcrret.
WITNESS my hand an ffi seal MOMCA GALVAN-RAMIREZ
Signature
Moni6a,G61van-Ramirez Notary" is
This area for official notarial seal.
MENEM
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relyin e
documents.
INDIVIDUAL
CORPORATE OF TITLE(S)
PARTNER(S) LIMITED GENE
ATTORNEY-IN-FAcr
TRUSTEE(S)
GUARDIAN CONSERVATOR
OTHER Manager
SIGNER IS REP NTING,
Name of Person or Entity Name of Person or Entity
MENEM=
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form,
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TTTLE OR TYPE OF DOCUMENT: Ux Wia r_1
)(J wem nd
NUMBER OF PAGES N/A DATE OF DOCUMENT NIA
SIGNER(S) OTHER THAN NAMED ABOVE N/A
a
CALIFORKDA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 12/11/14 before me, Leon E Blakely / Notary Pub11c
Date Here Insert Name and51nFr of the Officer
personally appeared Marsha C. Garrison
Name(s)of Signer(s)
who 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
LEON E.BLAKhe/she/they executed the same in his/her/their authorized
M Commission X-L capacity(ies), and that by his/het/their signature(s) on the
a -� •; Notary Public-California z instrument the person(s), or the entity upon behalf of
Orange County D which the person(s) acted, executed the instrument.
tNy Gomm-Expires,Auq 18,2017
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by lave,it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Bond
Document Date: December 11, 2014 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
O Corporate Officer—Title(s): O Corporate Officer—Title(s):
❑ Partner—O Limited O Generalt: ❑ Partner—❑ Limited ❑ General
O Attorney in Fact a t ' ❑Attorney in Fact Top of thumb here
E) Trustee Top of thumb here ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
492007 National Notary Association•9350Desoto Ave,,RO.Box 2402iChalsworth,CA9t313.2402-wwvaNationalNolaryorg llem,5907 Reorder:Call Toll-Free 1-600.876.6827
a,
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Marsha C. Garrison, Leon E. Blakely,Jr.,jointly or severally***
as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIAhave severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 21,2013.
By: c1/J oz� , �1 AN 1) 4", �PANYO
Daniel Young,Senior Vice-President JQ`�.• 'p" OF?%, O ,c
0R'4T �O Op�POgy�y
a G OCT. c< ?O
_uic 1p _�= OCT.5 O
By: o': 1 9 3 6 s a: w 1967
Mark J.Lansdon,Vice-President
State of California
County of Orange
On November 21 2013 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark J.Lansdon
Name(s)of Signer(s)
who 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 helsheAhey executed the same in hisfherAheir authorized
capacity(ies),and that by hisfnerltheir signature(s)on the instrument the person(s),or the entity upon behalf of
ANTONIO ALVARADO which the person(s)acted,executed the instrument.
N COMM.#2033556
o ,
NOTARY PUBLIC CALtFOfiNtA� I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is
ORANGE COUNTY true and correct.
Mycomm.explres Aug.9,2017
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Beards of Directors of
said corporations set forth in the Power of Attorney are in farce as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 11 thiay of December 2014
By: ,
Cassie J.Berrisfor , ssistant Secretary
ID-1380(Rev,11113)