HomeMy WebLinkAboutContracts & Agreements_115-2010_CCv0001.pdf MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
MEMORANDUM
TO: Pat Gilbreath, Mayor
FROM: Rosemary Hoerning,Municipal Utilities&Engineering Director
Fred Mousavipour, Assistant Engineering Director
THROUGH: N. Enrique Martinez, City Manager
Dan McHugh, City Attorney
DATE: August 3, 2010
SUBJECT: Request for Mayor's Signature ,_ _.,
Recommendation:
I am recommending the Mayor execute the two attached agreement with Elite Companies, US, Inc. for
the Citywide Sidewalk and Curb Cut Improvement project.
Background:
On July 20,2010,the City Council awarded the City-vide SideNvalk and Curb Cut Improvement project to
MCC. Both agreements have been signed by Elite Companies, US, Inc. and the required bonds and
insurance has been submitted,
ATTACHMENT:
(1) 2 agreements signed by Elite Companies, US, Inc..
(2) Performance bond and Labor and Material Bond
(3) Minutes from July 20, 2010 City Council meeting
RH:ba
Pro Tern Bean voted No on the motion expressing concern that pet boarding was
not compatible with other downtown businesses.
Ordinance No. 2735 - EVIAP Zonina District Si mks. - On motion of Mayor Pro
Tern Bean, seconded by Councilmember Gallagher, the City Council
unanimously approved the adoption of Ordinance No. 2735, amending Chapter
15.36 of the Redlands Municipal Code relating to permitted signs within the
EV/AP Zoning District. The amendment allows two freestanding monument
signs for lots fronting two streets.
Environmental Actions and Projects - On motion of Mayor Pro Tern Bean,
seconded by Councilmember Gallagher, the City Council unanimously agreed to
accept a report of pending environmental projects from the surrounding
jurisdictions. The report discussed three projects: (1) In the City of San
Bernardino, the expansion of a materials recycling facility in the Santa Ana
River wash to provide local processing of mixed-commercial loads, construction
and demolition materials, and street sweepings; (2) Within the Redlands
Unified School District, plans to modernize the Mission Elementary School
located at California Street and Redlands Boulevard; and (3) In the City of
Yucaipa, changes of land use designations from rural living, Agricultural
Preserve, and general commercial to mixed-use in support of their Housing
Element Implementation Project.
CDBG-R Contract Award - On motion of Mayor Pro Tern Bean, seconded by
Councilmember Gallagher, the City Council unanimously agreed the
Community Development Block Grant - Recovery (CDBG-R) Act Program,
Citywide Sidewalk and ADA Ramp Improvement Project is exempt from the
California Environmental Quality Act and approved the award of a contract to
Elite Companies, US, Inc. for the project.
Water Management - On motion of Mayor Pro Tem Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved the concept
of the Regional Urban Water Management Plan.
Pavement Management - Phil Mielke, of the Innovation and Technology
Department, presented a demonstration of the methodology and application of
the Enterprise Information Solutions pavement management software. On
motion of Mayor Pro Tern Bean, seconded by Councilmember Gallagher, the
City Council unanimously approved the award of a services agreement with
Enterprise Information Solutions to provide data and software in support of the
Municipal Utilities and Engineering Department Pavement Management
Program.
Resolution No. 6969 - FAA Grants - On motion of Councilmember Harrison,
seconded by Councilmember Gallagher, the City Council unanimously approved
Resolution No. 6969 designating an authorized representative to apply for future
July 20. 2010
Page 2
AGREEMENT
4i"
THIS AGREEMENT, made and entered into this 1day of ItA 1 - 2010, by and between the City of
Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter
referred to as the"City,"and Elite Companies, U,S,, Inc. ofthe City of Huntington Beach,County of Qran , State
of California, hereinafter referred to as the"Contractor.-
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows:
1. Scope of Work. The Contractor will furnish all materials and will perform all ofthe work to perform construction
of Citywide Sidewalk and Curb Cut Improvements, A CDBG-R Project, complete, all as shown, specified, and
made a part of Contract No. 243300-43042.
2. For the Contract Sum of S 64,113, in accordance with the terms and conditions of the Contract Documents.
Pursuant to Section 22300 ofthe California Public Contract Code.,Contractor has the option-to deposit securities
with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by,the City pursuant to
and Escrow Agreement.
3< Time for Completion. The works be completed within twenty(20),work days from and after the date ofthe
Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in
damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely
difficult to determine. The Contractor shall pay to the City,or have withheld from monies due it,the sum as set
forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion
of the work.
Execution ofthe contract shall constitute agreement by the City and Contractor that the liquidated damages amount
per day is the minimum and actual damage 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. The complete contract includes all ofthe contract documents set forth herein,to wit;Notice
Inviting Bids,Instructions to Bidders,Proposal and Bid Forms,Bid Bond,Agreement,Performance Bond,Payment,
Bond,other required documents, Federal Labor Standards Provisions contained in Part 11 of these Supplemental
Specifications, Plans and Specifications,all referenced specifications, and any Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this
contract the prevailing party shall,in addition to any costs and other relief,be entitled to recovery of its reasonable
attorney's fees.
7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers, agents, and employees
from and against any and all claims,losses,damages,and causes of action,including death,brought by any person
or persons for or on account of any wrongful or negligent act or omission ofthe Contractor.its ernployees or agents
in connection with the performance of the Contractor's obligation under this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name
the City,its elected officials, employees, and agents as additional insureds, Any insurance required under this
contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance
CD-22
maintained by the City,
9. Resolution of Construction Claims. Claims made by the,Contractor in the amount of$375,000.00 or less shall
be processed by the City pursuant to the provisions of Part 3,Chapter 1.-Article 1.5 of the Public Cont o racts code
(commencing with Section 20104). All claims shall be in wrriting and include the documents necessary to
substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code Section 20 104.2 shall extend the
time limit or supersede the notice requirements provided in this case from filing claims by the Contractor.
Pursuant to Public Contract Code section 9201,ifthe City receives a third party claim in relation to this Contract,
the City shall timely notify the Cont-actor. The City shall be entitled to recover reasonable costs incurred in
providing the notification required by Public Contract Code section 9201(b).
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreementwill
be binding on another party without the written consent of the party sought to be bound,
12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the contract documents.
13. 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 the
City and Contractor,
14. Federal Labor Standards: This project is subject to Federal Labor Standards. A copy of Federal Labor
Standards Provisions(HUD form 40 10)is attached to this Agreement
CD-23
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first
written above.
C17T SF-4L
By:
Mayor,City of Redlands
County of San Bernardino, California
ATTEST:
City Clerk,,City of RedlaMs
Couray of Sate:Bernardino, California
Name of Contractor
CC>NTRACTOR SEAL By:
Signature uthorized Agent
r
. C-0
Signatory's Title
Signature of Authorized.Agent (if necessc °)
Signatory's Title (if necessary)
Contractor's License No.
-2
1
WORKERS' COMPENSATION INSURANCE CERTIFICA'T'ION
Crr YWIDE SIDEWALK AND Cts Ctrr JWROVEhEWs,A CDBG-R PROJECT
Contract No. 243300-43042
Every employer except
the State,shall secure the payment of compensation on in one or more of the following ways'
on in one or more insurer duly authorized to write
(a) By being insured against liability to Pay G�r►pensati
conation insurance in this State. to self-insure, eidlwr as an
(b) By securing from the Director of Industrial Relations, a certificate of given upon fivaishing proof
individual employer or as one employer in a group of employersthat
,which may gi
satisfactory to the Director of bxJustrial Relations of ability to self-insure and to pay any carnpensaum
may become due to his or her employees.
provisions of Section 3700 of the Labor Code which requires every employer to be insured against
I am aware of the pingurance in accordance with the provisions of that Code,and
liability for Workers'Compensation or to�e self-
I will comply with such provisions before c omnw=n8 the performance o€the work o€this contract. f I-abor Code
Section 1861)
Z Zo
Date
Name of Contractor
By:
�o rized Agent
S"
Signatory's Title
g3- rOr
Contractor's License No.
CD-2s
i
BOND NUMBER: 729909P
PREMIUM: $1,923,001S FOR CONTRACT
TERM AND IS SUBJECT TO ADJUSTMENT BASED
ON FINAL CONTRACT AMOUNT,
PERFORMANCE NIS
wHEREAs, the City Council of the City o ands, State o California(hereinafter designated as"City'),and
ELITE COMPANIES US INC (arc' rdesi as`=Principa")haveenteredintoanagreement -hereby
Principal agrees to install and complete certain designated public improvements, which by said agreement dated j
_ ,201.0,and identified as Contract No. 243300-43042,is hereby referred to and I
_— month day
made a part hereof,and
WHEREAS, under the terms of said amt,Principal is requiredbefore entering upon the performance of the
work,to furnish a good and sufficient i"aithful performance bohd with the City.
NOW,THEREFORE, said Principal and the undersigned as corpor surety,are held and firmly bound unto the
City in the sum of SIXTY FOUR THOUSANDONE HUNDRD THIRTEEN --- dollars
(04,113.00--- }for the payment of which sunt well and truly to be made,we bind ourselves,
our heirs. successors,executers and,administrators,jointly and severally,firmly by these presents. I
i
The condition ofthis obligation is such that if the above bounded Principal,his or her 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 previsions in the said agreement and any alteration thereof made as therein provided.or his or her 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 defend, indemnify and save harmless the City, its elected officials, officers, agents, and
employees,as therein stipulated, this obligation shall become null and void;otherwise it shall be and rea in full
force and effect.
As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall be included
costs and reasonable expenses and fees,including attorney's fee incurred by the City,in successfully enforcing such
obligation,all to be taxed as costs and included in any judgement rendered.
The 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 thereunder or the specifications accompanying the same shall in anywise
affect its obligations on this bond,and it does hereby waive notice of any such change,extension of timc,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 named,
on JULY 29, 2010. Bond No,729909P
DEVELOPERS SURETY AND
ELITE COMPANIES US INC INDEMNITY COMPANY _(SEAL)
Principal Surety I
Ature Signa S.SMITH-BOWMAN,ATTORNE, IN FACT
I
s
Address: 17780 FITCH
IRVINE CA 92614
(:po ria$ACkrWWiVdVnCnW or sUC-t)'1 Telephonc: ( .800 }782-1546
CIS-'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of SAN DIEGO }
On JULY 29, 2010 before me, A. WATT NOTARY PUBLIC
Oate Here Insert Name and Title of the Officer
personally appeared S.SMITH-BOWMAN
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(,a'I whose namete) is/are subscribed to the
A.WATT within instrument and acknowledged to me that be/she/theye/she/t�ey
# 1818935 executed the same in kys/her/thoif authorized capacity(i ,
Z
`•" Notary Public-California i and that by his/her/tWir signatureW on the instrument the
San Die
z ' > person(; or the entity upon behalf of which the person(,s�
Diego County acted, executed the instrument.
My Comm.Expires Ort 21,2012 j
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 A.WATT
OPTIONAL
Though the information below is not required by law, 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
O Attorney in Fact ❑ Attorney in Fact
❑ Trustee !op ❑ Trustee OF
❑ Guardian or Conservator ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-0350 De Soto Ave.,P.O.Bax 2402-Chatsworth,CA 81313-2402-www.Nationa]Notary.org Item&5907 Reorder:CallToff-Free 1-860-876-6827
BOND NUMBER. 729909P
PREMIUM INCLUDED IN
PERFORMANCE BOND.
LABOR AND NIATERL&LS BOND
WHEREAS, the City Council of the City of Redlands, State o California (hereitia designated as"City"),and
ELITE COMPANIES US INC (ereinrafter designated as"Principal")have entered into an agreement whereby
Principal agrees to install and complete certain designated public improvements, which by said agrreeme t elated
141.0,and identified as Contract No.24330043042,is hereby refene4 to and
month clay
made a part hereof,and
WHEREAS, under the terms of said:;agreement, Principal is required;before entering upon the performance of the
work,to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which
reference is made in Title 15(commencing with Section 3082)of Part 4 sof Division 3 of the Civil Code of the State of
California:.
NOW,THEREFORE,ORE, said Principal and the undersign as corporate surety,are held and firmly bound unto the
City and all contractors,subcontractors,laborers,materialmeh,and any other persons employed in the perfbrnnance
of the aforesaid a went and referred to in the aforesaid Civil Cade of the State of California in the sutra of
SIXTY FOUR HOUSAND, ONE HUNDRED THIRTEEN --- dollars
64,113.0 --- )Etat materialsfurnished or labor thereon of aany kind,or for amounts due
under the Unemployment insurance Rett with respect to such w=ork or labor,that said surety will pay the same inn an
amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond,-willpay,in
addition to the face amount thereof, casts and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court,and tobe taxed
as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shalt inure to the benefit of any and all persons,companies
and corporations entitled to file claims tinder Title 15(commencing with Section 3082)of Part 4 of Division 3 of the
Civil Code,so as to give a right of action to there or their assigns in any suit brought upon this bond.
Should the condition of 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 aW agrees that no change, extension of time, alteration or addition to the ter Ms of the
agreement or to the work tea be performed tbereunder or the specifications accompanying the same shall in agnosia affect j
its obligations can this bond,and it does hereby waive notice of;any such change,extension oftime,alteration or addition
to the terms of the ageement or to the work or to the sp ifi `ons.
IN WITNESS WHEREOF, this instrument mernt las been duly executed by the Principal and surety named,
on. JULY 29920lo, Bond No. 729909P
DEVELOPERS SURETY AND i
ELITE COMPANIES US INC tslry INDEMNITY COMPANY } (S&4L) I
Principal Snrety
S turc Si S.SMITH-BOWMAN,ATTORNEY IN FACT
Addy . 17780 FITCH
IRVINE CA 92614
-
t 1aanai *i—net, ft of Principal-d sa y} Tel l ono: 8{ 00 ) 782-1546
IN
t
v�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of SAN DIEGO }
On JULY 29. 2010 before me, A.WATT NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared S.SMITH-BOWMAN
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person whose names/aw subscribed to the
within instrum nt and acknowledged to me that Wshe/tD y
A.WATT executed the same in b+s'lher/thOr'authorized capacity(jlaa'),
Commission# 1818935 and that bye/her/tl6ir signature(py'on the instrument the
z;.a Notary Public-California n personw,,or the entity upon behalf of which the persory(a)'
z_ San Diego County acted, executed the instrument.
My Comm.Expires Oct 21,2012
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is tru
and correct.
Witness my hand and official seal.
Signature
9191 -
Place Notary Seal Above Signature of Notary Public A.WATT
OPTIONAL
Though the information below is not required by law, 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee OF SIGNER
❑ Guardian or Conservator !opf thumb here 0 Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary Association-9350 De Soto Ave.,P.O.Boz 2402-Chatsworth,CA 91313.2462-wwW.NationalNotaryorg item#5907 Reorder:Call Tolt-Free 1-800-876-6827
POWER OF A77ORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Sox 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS hat except as expjressty limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY Of CALIFORNIA,do each
heialiv make,consfitute and appoint
*** Steven k. Bonilla, S. Smith-Bowman, A. Watt, Leslie Hahn, Ted Collins, jointly or severally
as their true and lawful AWrliey(S)int-Fact,to make,execute,deliver and aciiriowleoe,for and on behatt of said corporations,as Sureties,bonds,undertakings and Mirada of surety,
ship giving and granting unto said AtIornay(SHo-Fact full power and authority to do and to Worm every act necessary,requisite or proper lo be done in connection therewith as each of
said corporations could do,but reserving to exil of Said corporations full pow of subsirldVilon;and revocation,and all of the ads of Said Aftcvney(s)in Fact,pursuant to these presents,
are hereby ratified and confirmed
This Power of Atiomey is granted and 13 signed by facsimile under and by authority of Me following resolUddho adopted by the respective Fjoards of Directors of DEVELOPERS SURf.TY
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 Elo&d,the President,Executive Vice-Nesident,Senior ViwPresident or any Vice President of tha
corporations be,and that each of Menn hereby is,authorized to execute this Power of Attorney,qualIfying 1he attorney(s)named In the Power of Attorney to execute,on behalf of die
Corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of The corporations be,and ea#j of them hereby is,authorized
to athirst the execubm of any such Power of Attorney;
RESOLVED.FURTHER,that the signatures of such officers may Do affixod to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the fulcra with respect to any bond,uridortaking
or contract of suretystilp to which it Is attached.
IN WITNESS INHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally Caused these presents to N sigftod by
their respective offirem and attested by their respective Secretary or Assistant Secretary this January 1st,2008.
By:— jsit '0 AND
Daniel Young,Vice-Presidord R4"' q ,Poq, '�
4,-, )� 0 4
OCT. s c OCT 5
0
BY, 1967
_Si;phgri T Pate,Senior Vice-President
IFORts
State of Caldomia
County of Orange
On August 13th,2008 before me, jenny TT Nguyen N��.Public
Date Here insert Name and Title of the Officer
personally appeared Daniel Young.,arip,Stephen T.Pate
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the pam"(s)whose name(s)Ware subscribed to
– – –
the within Instrument and acknowledged to me Met heisro-they executed the same in KistherAlieT authorizoo
calpacity(ies),and that by hisMar/Moir signature(s)on Me instrument Die person(s),or the entity upon behalf of
which the person(s)acted.exmtad the instrument
I comfy under PENALTY OF PERJURY under die laws of the State of Caldomia Mat the foregoing paragraph 14
true and corwi.
WITNESS my hand and off
em'0W21,
Place Notary Soal Above Signature—.– ITT Ng Public
J TT Ng public
CERTIFICATE .
The undersigned,as Secretary o(Assistarill Secretary of DEVELOPERS SUR M- AND INDEWNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
cftfy that the foregoing Power of Alomey remains in Nil force and has nolt been revoked and,furthermore,Mat the provisions of the resoluboos of Me respective Boards of Dtectoni-of
sod Corporations,set forth In the PoW of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine.Caiifomitt,this 29TH day of J U LY 2010 .
$Y: egg Okunatrt Secretary
0.13800!ev.11M)