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HomeMy WebLinkAboutContracts & Agreements_208-2014_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract")made and entered into this 21" day of October, 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 KAD Paving Company(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 perforin all of the work for the following: 2014 City Wide Pavement Repair for Water Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2014 CITY WIDE PAVEMENT REPAIR FOR WATER PROJECTS. 2. THE CONTRACT SUM: City shall pay Contractor the suxn of$411,000.00 as consideration for its performance of the Work in accordance with the terns 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 requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within three hundred and sixty five (365) calendar days from and after the date of the delivery to Contractor of a written 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 witl-dield 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 Work. Execution of the 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 for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit;Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications, and any addenda thereto. CD 1 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 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: Claims by Contractor in the amount of$375,000 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 Contract 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 Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract 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 of any rights or interests under this Contract shall 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 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 under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) 04a"B Mayor, City of R dlands,Cot of San Bernardino,California ATTEST: City Clerk, of edlands County of San Bernardino,California (SEAL) v ' NA'Pffi WaMe of Con actor By: ignature of Authorized A*t eo title Signature of Authorized Agent(if necessary) Title q 1 l nN� Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities and Engineering Department 2014/2015 CITY WIDE PAVEMENT REPAIR FOR WATER PROJECTS, PROJECT No. Labor Code, Section 3700,provides,in part that: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in 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 worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code section 1861) Dated this�_day of2015 . Kq-) I�—'N (Contrac or 'd (Signature) xu w) � r (Official'Na) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) CD 4 BOND NUMBER: 1001000122 BOND PREMIUM: $12,330.00 WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT PF.RFORNI.XNCE BOND N1-hereas_ the City Council of the Citv of Redlands, State of California_ and K A D Paving Company dba K A D Engineering(hereinafter designated as ' Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated January 5th 2014, and identified as Construction of 2014/2015 CITY NVIDE PAVEMENT REPAIR FOR WATER PROJECTS, PROJECT No._. is hereby referred to and made a part hereof. and Whereas, said Principal is required under the teens of said a�'recmcnt to f imish a bo--rid for the performance of said project. Now, therefore, said Principal and U. S. specialty Insurance Companyis surety, are held firmly bound unto the City of Redlands thereinafter call "City"), in the penal sum of Four Hundred and Eleven Thousand Dollars(`b 411,000.00 ) lawful money of the United States. for the payment of which sura well and truly to be made, we bind ourselves, OLIF heirs, successors, executors and administrators. jointly and severally, firmly by these presents. -Hie condition of this obligation is such that if the above bouncled Principal, his or hers heirs, executors, administrator, successors or assigns, shall in all thini�,s stand to and abide bv, and % ell and truly keep and perform the covenants, conditions and provisions in the said agrecment and air,.- alteration nyalteration thereof made as therein provided, or fits 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 Auld 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. othen,ise 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 Lie included costs and reasonable expenses and fees, including reasonable atturney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included I n any judgment rendered. -Ihe 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 theretinder or the specifications accoin party in T the same shall in any�.Nise affect its obligations an this bond, andit does hereby waive notice of' any such change, extension of time. alteration or addition to the teens of the agreement or to the work or to the specifications. In witness whereof, this instrtttitent has been duly executed by the Principal and surety above named. On -Januar x 5th- 2015. (SE:,L,.) (SEAL,) K A D Paving Company d K A D Engineering (C0 r�let r) ( ,11 BY (Si<<naturei (SlUnature) ,address:62.5, The _City_Drive_South,_.Ste_.130 Orange, CA 92868 (Seal and Notarial Acknowledgment of Surety) Telephone( 714 ) 740-7000 CD 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Count,of Or before me. Date --je p,ersonaliy appeared Vp F. Vt [ L K K Nimoo,,,ct SignAfV; who proved to me on the bass of satisfactory evidence to be the personM whose nameM is!are subscricied to the within instrument and acknowledged tome that hel'she.'they executed the same in hisXVAVNM authorized caDacity(ies). C.AN ANA kn0t and that by his/ signatureWl on the instrument the JLNNIFER Z� o w COMM. # 1974158 X personW� or the entity unoiTbehalf of which the personX� j NOTARY PUBLIC-CAUFORNIA acted, executed the inst um nt. ORANGE COUNTY CO) MY COMM.EXP.MAY Z 2016 1 certify under PENA , Y,,0F P JURY under the laws of the State of Califcrni;�tPat thre,iegcoing paragraph is true and correct. Witness my hanjJ'ande jci�� I. C Signature _4 Plane NOV: Sial Above S t"re_�*K­ ,.Pi"OPTIONAL T'-,ough the information below is not required by law. it may prove valuable to persons relying on the docurrien: and could prevent fraudulent removal and reattachment of this torn t;another document Description of Attached Document TMP or Type of Document: Document Date Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name. Signer's Name ❑Individual Fj Individual El Corporate Officer—Title(s): 0 Corporate Officer—Title(s): 11 Partner—[I Lmted[:]General 1:1 Partner—El Umited DGeneral Fj Ator,..ey in Fact 1:11RU111111111191 MAI-IM.1119111 [3 Attorney in Fac! ❑Trustee ❑Trustee ❑Guardian :), Ccnservatcf Top of thumb here ❑Guardian or Corservator Top ci tr,.Lmb here Other: Signer 1z;Representing: Signer Is Representrig: POWER OF ATTORNEY ANIERICCONTRACTO&iINDENINIWCONIPANYITINITEDSTATFSSITRETYCOMPAWp Cxt t t t t Cil KNOWN AL MEN N DY`HES ES FS:Tltat Arneriaut Contractors Inde udty Company,d Catimmal corporation, Leaned Staff Surety Company, Maryland corporation and, l* peciialty Insurance company,at Texas corporation t talle tively,the"acompaties", do by presents,make constitute and appoint: James W.Moilanem Yung T.Muffick,Or Jennifer C Amiya of Afission Viejo,California its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is narned above, with full power and authority hereby confmcd it its name,place and stead,to exccute,acknowledge and deliver any and all bonds,recognizance's,undertaidugs, or other instruments rar contracts of surety ship to air ode riders,amendments, and consents, of surety, providing the bond penalty does of exceed `hhree Milli Dollars t � 0 n J. Power ofAttorney shall expire without blither action on December Sth,2016.This Power of Attomey is granted under and by authority of the lbHowing resolutions adopted by the Boards of Directors of the Companies: tt Rasahpa4 ftt the presWet,and vice-laresx 't,aaaiy aassi t Vio-oliteskiftic any Secretay or they Assistant Secretary-,hall be and is hereby vested pith fadl poAN r stud authmity,to aqipoint any out or re suitable tremons aas *r f sl-in-Fact to represent mW act for md anbehalfaftheoccapany subject to dr:rollovving previsnins. Atta rngt 4n Face=y be given alt tcriser=it mAhorityr d in the ofmid on Itchalfafthe Cointiany,WcxoLwe.,adatswledw and dclivm anyand all bands,rmognizarica, contmets,agonunits or in&ranity and other c diti' aal et ligaaton,sac rbc including and-M ccescats fig-the r4eaw of is ai urd permucirles sna/or final caUrtaites on cittruicer itig,and consvIvicuou asutracts,aud any and alt nofi=and 4ocununss 4ancelliog rw lemnation the watpanys liability re l ,and wty such°untruractits so executed by any such stt in-fact shall be binding upon the, y as if signed by the president"and seatcd effected by theCorponite Be as fi solvad,that the signature of any authcaized office and sea]of the i iaaupa*ny heretofore hereafter rated to any power or any certificate relating thatto by facsimile,aw y rower of stwravy or Mohicau:of heming Jaminiffe signature,or facsintile sat sball be valid and bitulhilt itoon the wwpuw with rcepwi to any bmd or undatakfirg to which it its attaached, IN WTIMSS f T„The Companies have caused this histruntent to be signed and their corporate seal to be hereto affixed,this 1 Oth days of December,er, 0 . AMERICAN CONTRACrORS INDEMNITY COMPANYUNITED SMESSURETY Y tf.$SPECLtUfYINSL4LAINCECOrVIPkNY ypta^.fd'+iteDPf xfi#iaaC54gi GLFNA"F@+yam °a«$,. ° r'dte Seals A '+fist 4 "t m F. ^t "gds a ,.'�' x° x � * �a �. State of California - f Danielur r, ice Frewrtt ���"kai®wwte�" *kkfBr�vrrte"1 ,y,�:Jts�i°ilaa. Comay of Los Angeles SS.: On this I Oth day of December,2012,before me,Deborah Reese,a notary public,pmonally appearedDaniel P.Aguilar,Vice President of Anterican Contractors Indemnity Company,IJinted Stas Surety Company and USpeciatlty tar ce Company Who proved to rime oft the basis satisfactory evidence to be the whose rr e is subscribed to the within instrument and acknowledged to ire that he execrecd the same in his authorized capacity,and that by his signature on the instrument the person tsl,or the entity upon"behalf of w1hch the person(s)acted,executed tyre Instrulnent. I certify under pp NAMY OF PE RRJRYtinder the laws of the Mate of California that the forgoing paragraph is true and correct. WITNESS my ham and official seal. �a "p. s�s%iguatuire r.�, w� a a e f, Jeannie Lee, Assistant Secretary of American ntrac ors Indemnity Company,thated Estates Surety ConVany and U S. Specialty Insurance Com y„do hereby certify that the above and foregoing is true and 'correct copy of a Power of Attorney,executed by said Coutpanies,which is still in full force and effect; furthermore,the resolutions of that Boar&ofDirecoars,scat€arta"in the Power of,Attorney are in fall force d effect. In Witness Mereot I have heretirao sept my hand and afT ed the seats ofsdid Cis Vises at,Sys Angeles,California° tlus 5ir clad Of Jannaryrtt l Corporate Seals. 4P a : , itrannuie mtacit Secretlary rr Agency No. 771 #,. ,9 ° "IN v»arab"` '+uta art woi.p+4 BOND NUMBER: 1001000122 BOND PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND Nk'hereas_ the City CounciJ of the City of Redlands, State of California. and Y A T) Paving Campan�j c9ha K A T) Fngi neeri ng (hereinafter dCsi;nated as "Principal") have entered into an a,reernent whereby Principal agrees to install and complete certain deli hated public improketnents, \tihich said agreement, dated January 5th 2015, and identified as 2014/2015 CITY WIDE PAVF.,NIENI' REPAIR FOR WATLR PROJECTS, PROJECT No. , is hereby referred to and made a part hereof-, and 11'hereas, raider tine terms of said agreement, Principal is required before enterin!,, 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 (cornmencim-, 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 cor1.)orate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, laborers. material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure to the stun of Four Hundred and Eleven Thousand Dollars (S 411,000 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Instuance Act with respect to such work or labor. that said surety will pay the same in vi ainount not exc-eedin« the amount hereinabove set forth, and also in case suit is brouL111t upon 11115 bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, includin1-Y 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 jud-Dient therein rendered. 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, witlr Section 3082) of Part d of DIN-ision 3 of the Civil Code, so as to give a right of action to them or their assi«ns in any suit brought upon this bond. Should the condition oil'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 claim , extension of time, alteration or addition to the tetras of said aLreement 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 mtness whereof, this instrument has been duly executed by the Principal and curet} above named, on January 5th 2014. (SEAL) (SEAL.) K A D Paving Company db A D Engineering U. S. Snec/aitv Insurance Company ( (Con acto ) (Surety) l� BY. (Sig,narr (. r,,nattuej 71 Address: 625 The City Drive South, Ste 130 Orange, CA 92868 (Seal and Notarial Acknowledgment of Surety) Telephone('7 14 j 740-7000_ CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Count,of (W%.\61 Or I'VNI- �F 2 I beforeme. 111,1( a a tc 11.3,0 Inserl Na,�, ar,7 rJe t7"0`, personally appeared who proved to me on the bass of satisfactory evidence V) be the personM whose nameM ts;are subscribed to the within instrument and acknowledged to me that hel`sheithey executed the same in hisXAOMW authorized caoacity(ies). JLNNIFER C.ANAYA and that by his/homtftsignatureW5 on the instrument the COMM. # 1974158 ;0 personW. or the entity uopM.behalf of which the personkv NOTARY PUBLIC-CAUFORMA acted. executed the insyt6ment. ORANGE COUNTY MY COMM.EXP.MAY 2 MIR I certify under PENA JURY under the laws of �,,6F F the State of Californi, Olat the iegoing paragraph is true and correct. Witness my hand'andfic#�E C_ 1. Signature FAne Non,,, Sall AMP S. 4ture, e. OPTIONAL TI-iough the information below is not required by tate. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this Porn to another document Description of Attached Document Title or Type of Documen*. Document Date Number of Pages: Stgner(s! Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name:_____ Signer's Name ❑Individual ❑ Individual El Corporate Officer—TitIe(s)i____ ❑Corporate Officer—Title(s): ❑Partner—[:]LrnitedE]Genera1 El Partner—ElUirnited[]General ❑At!ouiey in Fwa IM91.1111111111111MAM11:1191111 ❑Attorney in Fact ❑ �412&119Wa Trustee ustee E]i3ua,diar.-o-Conservator Tcp o`thumb here ❑Guardian or Cz)rservator Top Of VhLrrib here El other Signer I:;Representing: Signer Is Representing: X POWER OF ATTORNEY ANIERI&N COMMACTOMS INDEXIMTV COMPANY UNITED tS"" ATES SCJ, I U.SSPIX ULTY INSURANCE `t KNOWNI MEN BY TIMSE PRESENTS.- That American Contractrus, Indemnity f o y, a Califemlia corporation, 13nit d tater Surety Company, Maryland cta turmlion and U.SSpecialty Titsurance company,a,Texas cd ration(collectively,rile"Co cities" a dal by presents,make, comfitute and appoint.- James ' $.Mollanen,Yung T.Muffick,Or Jennifer C.Axial of Mission Viejo,CaMornial its true and lactful attor ey ar in-fact,each in their separate capacity if more than one is trarned above,with frill power and ut rror°ity hereby conferred,in its name,place and stead,to execute,acknowledge and deliver any and oxo ,recognizance's,undertiddrill or other instruments or contractsf"'iurety ship to include eide ,amendments, and consents of surety, providing the bond penalty does not exceed ILA;1o �fltyfl. _ . This Power of.Attorney shall expire without f° Icer action oar December Stit,2016.This Power of Attorney is grantedd by authority of the follossing resolutions adopted by the Boards ofl Directors of the Congranies. De it Rached,O t tla -slidemd Vim-Preshk-4 any assiatsnt'%ItcePmiderl any Scuotary or o Smeatry shall be as y-mated withd aster t,,to appol stntable pemm as .rt eyt°s m-Elul to repmeat Awact fitr and on belcalfofthe coasioady Srito the following pmisiftw, ttt a y as F.101=y be siVtU mil PoosrUnd widnirity for and in the narneofd cess T lraalf'of t as ComrIany,to xe, ckikow led deliver,any and all boads,reccgoicani ountracts,agreements or nx6rilridy=d other candivanal or oblidataxry undartai mcluding and all wwrients fear the jeleme of retained talcand/or final estanates on engineer tug and const4riction contracts,and any and all notices and doamwats cancelling cc tennination,the compi fsabilitat thercundcr,and anysuch first is spa execri lay my such alt ey-i Tact binding' upon the coopmy as if sitnictl by the presi t'and scaales eEected by the Corporate Sttretaty. Be it. czsafa~c t the siputure of any authorized cl and seal of the ownri heretofore or tai after aaffx d to my pony or any ocuificate rclatiml thi by hcsiraile,and y povvtr of anconcy car cardli ofteall fhasfil sipance or fiminalel shall he valid and bindiog upon the contiotility sarins rs speer to anyinsfertabug to°ts+hich it its attached. N WTMESS WBEREOF,The Companies have caused this instrument to be signed and their corps rate seal to be hereto a ffr ed,this I Oth day of Deceal1 " AMIE RICAN WNTRACTORS INDEMNITY C01URNNY UN17FED STATES S REW COMPANY U.SSPECIALTY INSURANCE COMPANY 51 r '' a ' tate ofdl f ti ; s • s t s `' y a* Irl! s r Ott ace k Oil,�+ak `'r r Baa 114410%1', +waaysaaaurW" ounty of Us Angeles SS, On this nidi day ofDacember,2012,before ine,DeborahReese,a notary public,personally ply `el P.Aguilar,Vice President ofAntericau Contractors ,Indemnity Company,United States Surety Company and U.SSpecialty Insurance Co y Who proved to rne on the basis satisfactory evidence,to be the plemn whose name is subscribed to the within instrument and acknowledged to ire that he executed the same in iris authorized cep; ity that by his signature on the instrument the person(s),or the entity n behalf oftil ich the pe st ri s acted,executed the Instrument, I catify under PENALTY t~" PERRaY larder the laws ofthe State ofd California the forgoing ph is true and correct. MESS myh official seal, r A Li P signature (seal) e r r I, Jelainfie , Assistant Secretary of AmeticanContractor-,indemnity Company,United Estates Surety Colinpany acrd`li" . Specialty Insurance Company,do hereby rtify that the'above and foregoing is true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect, firth stare,the resolutions ofthe Boards of directors,set out in the Power idAttorsey are its hill forc.e and effect. In Witness'Whemt I have hereunto set my hand and afted e the seals of said Comp es at Leos Angeles,Califentiathis day ofIm fila I . corporate seals {i t4+aa 4# a:«11€cadar� xAdigip� ' yw x stnt Secretary r? � Bond No. Itil ll a 12 i dna Ie i aOPT' a � J4 is 4gency No, 7L5 SmfipptlfMa tp4pxxFaa p#Y&a3Be.6 j