HomeMy WebLinkAboutContracts & Agreements_203-2014_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction Contract ("Contract") is made and entered into this 7th 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 BBS Construction, 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: CITY WIDE PARK BATHROOM UPGRADE — PROJECT NUMBER
QOL07312014KG, complete, as required by the Contract Documents (as herein defined) and
Specifications for City's CITY WIDE PARK BATHROOM UPGRADE(the "Work").
2. CONTRACT SUM: City shall pay Contractor the sum of One Hundred Ninety Thousand
Nine Hundred Thirty Four Dollars ($190,934.00) as consideration for its performance of the
Work in accordance with the teens 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. TIME 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: Notice
Inviting Bids, Instructions to Bidders, 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.
IAca\djm\Agreements\BBS Construction 10.7.14.doe
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 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 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 CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Code 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 under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
1Aca\djrn\Agreements\BBS Construction 10.7.14.doc
IN WITNESS `H E °, the Parties hereto have executed this Contract t the day and year first
written above.
City of Redlands
"EL
is
Pete Aguilar,Mayor
ATTEST:
�y
Baru I °iii, C 1
(SEAL)
BBS Construction,Inc.
�_
rignature of Authorized agent
W
Title
Signature of Authorized agent if necessary)
Title
Contractor's License No.
I''c •.c jrt`,,< reett vacs t a Construction l ,7,[4.c o
rc
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands—Quality of Life Department
City Wide Park Bathroom Upgrade-Project Number QOL07312014KG
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
a. By being hisured against liability to pay compensation by one or
more insurers duly authorized to write compensation insurance in this State.
bBy 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.
CHECK ONE
I
1/1 atin aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be insured against liahility for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that Code, and I will comply with such provisions before commencing the perfortriance
of the work and activities required or permitted under this Agreement. (Labor Code §1861),
I affirtri, that at all times, in performing the work and activities required or permitted tinder this
Agreement, I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However, at any time, if I employ any person such that I become
subJect to the workers' compensation laws of California, immediately I shall provide the City with a
certificate of consent to self-insure,or a certification of workers' compensation insurance.
I certify tinder penalty of perjury under the laws of the State of California that the information and
representations inade in this certificate are true and correct.
Dated this day of 2014.
5 C,_6A)�r)WCt
(Contractor)
(Official Title)
(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.)
1-\ca\dJm1Agreemenis1,BBS Constructioa 10.71,14Aoc
EXECUTED IN TWO ORIGINALS BOND#: 5187034
PREMIUM� INCLUDED
LABOR AND NIATERIAL BOND
N,Vtt*re as,the City of the('iiy of'Rwill nds, State of California,and BBS Construction Inc-
ihereinafter designated as -Privicipal"I hme,entcred into art aigreement(the"Agreement")whemby Principal agrtes,
to install and complete csrtrvin designated public improvements (the -Work"), which said agreernent, dated
September 162014. ,,tnd identified as CITY WIDE PARK BATHROOIN4UPGRADE', PROJECT NUMBER
QOL0731201 K6 is hereby refen-ed to and inade as part hereofand
Whereas, under the terms of the Agpvemen(, Principalis required before commending the perforniance of
tire `ak'ork, to file as goodand sufficient Labor and Niaterial bond Nvith the City (if Redlands to secure the claims to
which reference is madc in Tide 3 (commencing with Section 9550)of Part(5 of Dii,inion 4 ofthe Civil Curie orthe
State of Cahfornia.
Noss,therefore,said Principal and the tin dorsigned as corporate surety,are held firmly bound unto the City
and all contractors, subcontractors, laborers, matorial men and other parsons employed in the perforriumce of the
AgreeinCirt and referred to in the aforesaid Code Procedure in [lie sunlor 6ne 14undred Ninaty Thousand
Nine thriodred Thirtv Four Dollars jS190,934) for materials furnished or labor then on ofativ kind, (IT for amounts
due under the U'riernployment Insun'trice Act vvith respect it)such work or labor, that,'."aid surely swill pay the same in
all'Hoollin riot ascending the tinea unt hereinabove scl forth, and also in case son is brought upon this bond,as ill pay.
in addition to the face amount thincof,costs and reasonable cxpemwsand t'�vs, including reasonable aitorneys' fees,
incurred by the~('try in successfully enforcing such obligatrom to be za%varded and fixed bt,the court,and to be taxed
as,costs and to be included in the judgment therern rendered,
It is hereby cNirressly stipulated and agreed that this bond shall insuic to the benel-ir isfany and all persons.
cornparlws 'and corporatirrns entified to file claims under Tida 3 (commencing, vvith Seetion 9550) of Part t5 of
Division 4 of`the Civii Co de, so as to give a right of actitin to them or their assigns in any suit brought upon this
bond,
Should Clic: condifion, of this borid be fully per6ornied, then this obligation shall becorne mill and void,
rMtjjerssrjSe it shall be and remain in full fia-ce and effect,
The surety hereby stiptalaws andagrees That no chaqge,extension oflime,alteration or addition to the terms
Tat"the Aggreement or the specifications accompanying 1he sarne shall in any manner affect iis obligations on this
bond,and it does hereby waive notice twriny suct,ciiam!a.extension of titme.alteration or addition,
In kvitness whereof, this instrument has been duly executed bly the Principal and surety aboke named, (in
'1014
jSEAL) (S L"A L)
BBS CONSTRUCTION INC. URE Ids E COMPANY
(Contractor) c. ISurelv)
BY-
(Sienature)SHILO LEE LOSINO,ATTORNEY-IN-FACT
Address-3033 5TH AVE,,SUITE 300
(Scal and Notarial Ackmo%s ledernent ol'Surety) 'I-OePllc�oc(800
ca'djm Apteements BBS Construction 10,7 14.doe
POA q; 510054
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Stephanie Nope Shear,Shilo Lee Losino
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney4n-Fact may do in the
premises. Said appointment shall continue in force until 10/3112015 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved that the President,any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Pact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's Iiability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'4 of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 21st day of March,A.D.2013.
SAN SURETEC INSURANCE COMPANY
.1\0
y 0 By.
m
U t nJohn IVOX.Jr. resident
State of Texas ss: 36 y 1 y; T3
County of Harris
On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me blown,who,being by me duly sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the sea]of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
KJACOUELYN MALDONADOary Public
e ofTexas.Exp,5118/2017 JacqYzelyn Maldonado,Notary Public
My commission expires May 18,2017
1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this day of_ 0 C T Q 6?014, ,A.D.
M.Bre t Beaty,Assistant ecretary
Any instrument issued in excess of the penalty stated above Is totally void and wlthout any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
CALIFORNIA ALL — PURPOSE ACKNOWLEDGEMENT
State of California
County of Los Angeles
On
before me, JAN MICHELLE RIVERA NOTARY PUBLIC
E _ NAME,TITLE OF OFFICER
Personally appeared
NAME(S)OF SIGNER(S)
Who proved to aIle on the basis of satisfactory evidence to be the person whose
name(s) is/are subscribed to the within instrument an acknowledged to me that
helshelthey executedthe same in his/her/their authorized pa it i , and that b
his/her/their di nater n the instrument ent the person(s), or the entity upon behalf
f which the person(s) acted„ executed the instrument.
1 certify under iso" J Linder the laws of the State of California that
the foregoing paragraph is true and correct.
WITNES ryr hand and 1 JAN MICHELLE RI "ERA
Commission 1 939902
Notary Public.C tit rnl
19M Los Angeles County
.mm, Irss JAI 3.2015
IG TU E OF NOTARY NOTARY SEAL
EXECUTED IN TWO ORIGINALS BOND#: 5187034
PREMIUM: $2,749.00
FAITHFUL PERFOWNIANCE BOND
Whereas. the City of Redlands ("City"). State of California, and BBS Construction Inc. (hereinafter
designated as "Principal") have entered into an agreement dated October 7,2014 (':agreement")whereby Principal
,. ees to install and complete certain public improvements (tile "Work"), which said Agreement is identified as
CITY WIDE PARK BATHROOM UPGRADE Project dumber QOL.07312014KG and is hereby referred to
and made a part hereof:and
Whereas. said Principal is required under the terns of the Agreement to furnish a bond for the faithful
perlbrinance of the Agreement. now,therefore,we,tlae Principal ittd SURETEC INSURANCE COMPANY..as Surely,are
held and firmly bound unto the City in the penal sum of One l lmndred Ninety Thousand Nine Hundred Thirty Four
Dollars (S190,934) lawful money of the United States. for the payment of which sura 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 faitllflilly 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 jtidgment 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 tfle Agreement after the acceptance of the -work by the
Citv, during which tithe if the Principal shall fail to make titll, complete, and satisfactory repair and replacements
and totally protect the City from loss or damage made evident dITingthis period from the date:of completion of the
Work,and resulting froill or caused by detective materials or faulty workmanship,the above obligation in penal suns
thereof shall remain in full force and effect. "bile 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:
I. Complete the Agreement in accordance with its terns and conditions;or
2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions,
and upon detennination 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 Rinds
to pay the cost of completion of the Work less the balance of the Agreement price. but not
exceedina, including other costs and damages for which Surety may be liable hereunder. the
amount set forth above. The terns "balance of the Agreement price;' as used in this paragraph,
shall mean file 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 fulft(linent of its obligations in the event of default by the Principal.
Surety shall not utilize tine Principal in completing tie Agreement nor ;hail Surety accept a bid from the
Principal for completion of the Work if the City,when declaring tae Principal in default,notifies Surety of the City's
1:ca'djtn Agreeineins�BBS Construction I0.7.14,doc
obJectawatn to thePrincipal's tttrther participation in tlac completion n of the Work.
No might of action shall accrue on the bond to or for the use of any person or corporation other than.the City
named herein or tine Successors Or assien#s of the City. Any suit under this (tcstnat anattst be inethulcd within tine
applicable statute of 6inokaatiwan,lteriroL
The said Surety, for value received. hereby stipulates and agrees that no change, extension of time.
alteration or aadditncntn to the tenets of tlnc A rec rn ent or to the work to he,perlirrsrned thereunder or the Specifications
accompanying the same shall in any wway,affect its oblig alio ns twit this hood, and it claves hereby waive notice caftan),
such change, extension of titnne, aalteraaaion or <aclaliflon to the terims of alga" Agreement or to the work or to the
specifications
No final settlennnennt between the City and the Principal shall aab is gc thin right ofany hencflci ry hereunder
whose claim may he unsatisfied,
The Principal and Surety agree that it' the C iiy is required to engage the services of any attaaratey ala
aco nanectio n with the enforcement ent ant this bond,c ch shall pay the City's attorneys* fes incurred,with or
without wait,in addition to the above sum
It) witness whereof, dais instrument has been (lily exceuted by the Principal and Stara ' aalnanwe anaannned, tint
OCTOBER6 01 ,.
P,AL ;
(SEAL) 1,�4 z
a
BBS CONSTRUCTION INC. SURETECtN
x F P��,
(k ge; to ret i i anastant c t t t L-LOSINO,AfTOR l-IN-FACT
Address--30'S
33 STH AV'
TE'
, � EG-
iaQI .. . 1.
(Seal and Notarial Acknowledgment wtlyiauretyr) Telephone( lft)
PoA#: 510054
SureTec Insurance Company
MUTED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"),a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Stephanie Hope Shear,Shilo Lee Losino
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acl nowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 001100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 1 0/3 11201 5 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200 of April,
1999.)
1n Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March,A.D.2013.
J SURETEC INSURANCE COMPANY
NC
. ...9,`` By:
CC;ui y F$ John 1VOX Ji. resident
State of Texas ss: �' d
County of Harris ` .
•
On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he
resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
�ua�we� JACQUELYN MALDONADO
Notary Public /1
State of Texas 1
My Comm.Exp.511812017 Jacq elyn Maldonado,Notary Public
My commission expires May 18,2017
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this day of_-KL ,A.D.
M.Bre t Beaty,Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
CALIFORNIA ALL — PURPOSE ACKNOWLEDGEMENT
State of California
'County of Los Angeles
On OCT 0 62014bird me, JAN MICHELLE RIVERA, NOTARYLI
DATE NAME,TITLE CSE OFFICER.
Personally appeared SHILO LEE LOSINO
NAME(S)OF SIN (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 iti and that by
his/her/their signature(s) on the instrument the rs n(g), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify<under PENALTY OF PERJURYunder the lags of the State of California that
the foregoing paragraph is true and correct,
to
boo� IE
19
0I ESS m hand and official Seal. Commission
liotary Public-California
LOS Angors COU11ty
Comm,Ex IresJul 3.2015