HomeMy WebLinkAboutContracts & Agreements_39-2011_CCv0001.pdf PUBLIC WORK CONSTRUCTIONCONTRACT
This public Work Construction contract("Contract") made and entered into this �
day of March,0l I, by and between the City of Redlands., a municipal corporation
organized and existing der the laws of the State of California, hereinafter "City"), d`
„ICDMM C, hie. (hereinafter "Contractor"). City and Contractor are sarn,etintes
individually referred'.to herein as a"Part)," arid, together, as the "Parties."
In consideration of the mutual.promises contained herein, City and Contractor s
follows:
1.. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the
work for the following: Construction of the Edison Service Upgrade Work,
ork,
complete all items as required by the Contract Documents ments as herein defined d
Specifications for City's's THE II E/PCf LI E TENW. ORARY FACILITES
EDIS N SERVICE UPGRADE WORK
2. THE CONTRACT TACT SUM: tit shall ray Contractor the sum of$28,785.00 as
consideration for its performance of the Work in accordance with the terms and
conditions scat forth in the Contract Documents.exits. Purse t 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 Cit
pursuant to an escrow agreement as set forth in the Public Contract Code Section
300,
1 TIME;FOR COMPLETION: The Workshall be completed within thirty (30)
calendar days from and after the date of the delivery to Contractor of a written
Notice to proceed by City..
LIQUIDATED DAMAGES- Contractor's failure to complete the-work within
the time allowed will result in damages beim sustained by City, Such damages
are, amid Nvill continue to be, impracticable mid extremely dificult to determine
Accordingly, Contractorshall pay to Coity, or have withheld firoin marries dire to
Contractor, the surn of live 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 I`, oll rs ($500)per day is the estimated damage to City caused b
the failure of the Contractor to complete the Work within the allowed.time. Such
sum is for liquidated dania es said shall .not be construed as a penalty, and may be
deducted front pky-ments clue Contractor if such delay occurs.
CONTRACT DOCUMENTS:: This Contract incl des all of the Contract
doctun nts set forth herein,to wit; Notice Inviting Bids, Instructions to Bidders,
r°s
Contractor's proposal, Diel Bond, Agreement, Performance Rant', Labor and
Material Bond, Plans, General Conditions, Special Conditions, Special Provisions
d Sptcifications, and any addenda thereto,
CD l
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 CLAMS: Claim.-,by Contractor in the
arnount 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 I i 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 201042 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 a n-d 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 AGRWEMENT; 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. SEVERARILII Y: Any provision or part of the Contract documents held to be
void or unenforceable under any laNv or regulation shall be deemed strickea,, and
allreniaming,provisions shall continue to be valid and binding upon City and
Contractor.
CD 7
IN WITNESS WHEREOF, the parties hereto have executed this Agmement the dad and
year first written above,
City of Redlands
( E ( ,mir
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s � r
l�1�ana T of Redly Amy of
San fie: rdiW California
ATTEST:
City Cl t° , City of ' dland
County of San Bemardino California (SEAL)
Natne of Contractor
:
�Yrof Auth rzzed Agent
Title
Signature of Auttionzed Agent(if necessary)
Contractoes License No.
Cts
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
The Fire/Police Temporary Facilites Edison
Service Upgrade Work
Labor Code, Section 3700, provides,in part that:
"Everyemployer 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 became 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 work-hes compensation or to undertake self-insurance in
accordance with the provisions of that Cade, and 1 will comply with such provisions before-
commencing the performance of the work of this contract.(Labor Cade section 186 1)
Dated this day of %%N W-C .2011 .
(C ct
i atu e)(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the
Contrac:'•ttor,with the Owner prier to perfornhing the work of the contract.)
CD 4
POLICYHOLDER COPY
Illllplll IIS NF
P.OBOX 4201887, SAN FRANCISCD,CA 94142--080
FOND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE`: 03-21-2011 GROUP: 000497
POLICY NUMBER: 0002011-2014
CERTFICATE ID: 14
CERTIFICATE EXPIRES: 11-11-2011
11-11-2010/11-11-2011
CITY OF REDLANDS NF JOB:CITY OF REDLANDS-FIRE
POLICY "TEMPORARY
PO BOX 3005 FACILITIES EDISON SERVICE UPGRADE WORK
REDLANDS CA 92373-1505
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated:
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer-
We will a'so give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect; to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy;
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT 11600 - JAVIER CARDENAS PRES,SEC,TRES EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-11-2010 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
J RDMMAC INC. MF
PO BOX 1491
VICTORVILLE CA 92393
(816 NF]
PRINTED : 03-21-2011
tnMa-acttsl
Prerniurn for contract term and is Bond No. 5097670
subject to adjustment based on Premium- $718.00
final contract pric,4,
Issued in one original counterpart
PERFORMANCE HOND
Whereas,the City Council of'the City of Redlands,State of California,and
;I.RDMMAC Inc, (hereinafter designated a "Principal")
have entered into an agreement whereby Principal agrees to install and complew certain
designated public improvements,which said agreement,dated _ March 2011, and
identified as Construction of TIM FTRE/POLICETEMPORARY FACILITES
EDI ON SERVICE UPGRADE WORKJs hereby referred to and made a part hereof;and
Whereas, said Principal is required tinder the terms of said agreement to furnish a bond for the
pertbrinance of said project..
Now,therefore,said Principal and SureT"ec Insurance Company gas surety, are
held firmly bound unto the City of Redlands(hereinafter call"City), in the-
00 nal sone of
Irr�c nt�,. i 4�t2`he�asas�# ievnF}��nJretiEighty-FiveandtlCll1l�ttllar5( �8,7$�' o � la1N�#tl
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by
these presents:
The condition of this obligation ;s such that if the above bounded Principal, his or leers heirs,
executors,administrator,successors or assigns,shall in all things;stand to and abide by,and well
and truly beep and; perform the ,covenants, conditions and previsions in the said agreement and
any alteratioo thereof made as therein provided, or his or their hart, 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 off rials, officers,
agents and employees, as therein<stipulated, then this obligation shall become null and void;
otherwise it shall be and reattain in full:force and effect.
As apart of the obligation secured hereby and in addition the face amount specified therefore,
there shall be included casts and reasonable expenses and fees, including reasonable attorney's
fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered,
The surety hereby stipulates amid agrees that no change,extension of time,alteration or addition to
the terms of the agreement or to the work to be petformed thereunder or the specifications,
accompanying the sante shall in anywise a its obligations+arra this bond, and it does herel
waive notice of any such change, extension of time, alteration or addition to the terms of the
enacat or to the work or to the specifications.
In witness whereof, this instrument has been ditty executed by the Principal<and surety above
named,on March l 6th 20 11
J.RDMIv AC" Inc. SureTee Insurance Company
(Con
(surety)
C
p} 4
s a l (Signature) �
haunnn Burchfiel,Attorney-in-Fact
Address:c/o RiskTransfer Associates Insilrance gency Inc,
700 W. Ist St. -.3,.J'ustin,Cie 92790
(Seal and Notarial Acknowledgment of ,ttrety) Telephone t 714 Y 617-7161
CD
ACKNOWLEDGMENT
State of California
County of Orange
On March 17th,1-0 1 1 before me, Traci Larson, Notary Public
(insert name and title of the officer)
personally appeared Shatunna BLIFC ittel, Attorney°-in-Fact
who proved to me on the basis of satisfactory evidence to be the persons whose name 6are
subs ribed to the within instrument and acknowledge o me that he/ h /the executed the same in
histheir authorised capacity), and that by hi 4/he (their signatures on the instrument the
per bn�, or the entity upon behalf of which the person(,a� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the lawns of the State of California that the foregoing
paragraph is true and correct.
�446a �yOdkS{`dt6TT��3+ey??P�'Y+�bs5+9#3�+ii
yt, tiF7 4, iR,"VC1 g StitSON n
WITNESS ray hand and official sea[. � gqp � n �� �
er.i +9;6296
� � MAF Jl t lA
-CiANGE COUNTY
plyCt�aiarrssionExpire5Jan-31,201
Signature ,' (Sear,
Premium for contract term and is Bond No. 5097670
subject to<acljusErtaerit based on Preminin included for perfosrr'nance bond
kraal contract price
I.SSUed in one ori-inai counterpart
LABOR TERIAL BO
Whereas,the City Council of the City ofRedlands,State of California,and
J.ltDiy�tt4AC frac. (hereinafter designated as
"Principal') have entered into an agreement whereby Principal agrees to install and complete
certain designated public improvements,which said agreement,dated. March,2011
2011, and: identified as TM FT/POLICEFTRE/POLICE TEMPORARY FACIULITES
5i (3N lERVICT-4 UPGRADE WORK.is hereby referred to and made apart hereof;and
Whereas, under the terarts of said agreement, Principal is required before entering upon the
perfbrinance of the work,to Elle a good and sufficient payment bond with the City of Redlands to
secure the claims to which reference is made in Title 1 (commencing with Section 31192)of Part
4 oft Division 3 of the Civil Code of the State of California,
Now, therefore, said Principal and the undersigned as corporate surety; are held firmly bound
tanto the City of Redlands and all contractors, subcontractors, laborers, material men, and gather
persons employed in the performance of the afoaid aerrrerr arra referred to in the aforesaid
Code of Civil Procedure in the sum of t�,tn r.f�r�r,�� 28,725,00 *,
for materials rurnish i or labor thereon of any kind;or for amounts due under the Unemployment
Insurance Acct with respect to such work or labor,that said surety will pay the same it)an amount
not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,
will pay, in addition to the face Amount thereof,costs and reasonable expenses anal fees,including
remnable 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
judgment therein tendered,
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 IS (commencing with
Section 308of Pant 4 of Division 3 of the Civil Code,so as to give a right of action to them or
their assigns in any shit brought uon this bowel.
Should the condition of dais bond be felly performed,that this obligation shall become null and
void,otherwise it shall be and rennin in full force and effect,
The surety hereby stipulates and agrees Haat no change,extension of time,alteration or addition to
the terms of said agreement 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
oftime,aIteration or addition,.
In witness whereof. this instrument frac been duly execrated by the Principal and surety above;
named,an March 16th 170 H
tit,}
J.l~til�`v1�°1A ,nc. i sureTec:Insurance Cir€tipan
rr 4 cto i -~fi= t,atrrery
.xff
1 nature)
Shaunna BurchtiCY, orTle -irr-Faact
Addresa:c/o Risk Transfer Associates Insurance Agency Inc.
st,t. k,,, us ata, r
(Sail and Nottmial Acknowledgment of Surety) Te-lie-phone(714 )617-
D
ACKNOWLEDGMENT
State of California
County of Orange
On March 17th.2011 before me, Traci Larson.Notary Public
(insert name and title of the officer)
personally appeared Sbaunna Burchfiicl,Attomey-in-Fact
who proved to me on the basis of satisfactory evidence to be the person(O whose name , are
subs ribed to the within instrument and acknowledge o e that he/ h /they executed the same in
Nisi€their authorized capacity0s), and that by hi Ihr /their signature on the instrument the
perpns}, or the entity upon behalf of which the persons acted,; executed the instrument.
I certify under PENALTY CSP PERJURY JURY under the laws of the State of California that the foregoing
paragraph is true and correct,
WITNESS myr apd and official seal. ��: ` z � A 1 I �
x�
l d 3 o
�v x ux�=.., 20,14
Signature r ..., (Seal)
POA# 51 0026
SureTec Insurance Company
LIMITED PC)NVER OF ATTORNEY
EY
Know ,111 31en kv These Nesents, That SU ET> C INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under die Ivy=s of the State of Texas, and having its principal office in Houston, Harris County,Texas, dos by thea presents
make,constitute and appoint
George Burchficl,Shaunna Burchfiel
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its trance,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances,undertakings or other instrurrr nts or contracts of suretyship to include waivers to the
conditions of contracts and contents of surety,providing the bond penalty docs not exceed
Five Million Dollars and`ncrr 100($5,00 0,000.00)
.00)
and to hind the Company thereby as fully and to the sante extent as if such bored were signed by the President,scaled with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-iii-Fact may do in the
premises. Said appointment shall continue in farce until _ 10/31/12 3r and is made under and by authority of the following
resolutions of the Board of Directors of the SurcT'ec 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 Atr mey(s)-m-Fact to represent and act for and on
behalf of the Company subject to the following provisions
Attorne 4ii-f act 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 born&.recogrizances,contracts,agreements.or indearmity and other conditional or obligatoryt°tarakinggs and any and all
notices and documents canceling or terminating the Company's-liability thereunder, and any such instruments ser executed by any such
Att ey-iti-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 cats 20,4 of April,
19451.
In f 'rtrtm Whereof,SURETEC INSURANCE BICE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 28th day of October,A.D. 2008
LRETEC IIS CE COMPANY
m.
h M
1U Ki resident
State of Texas s; � j
County of Harris �
On this 28h day of t} ober,2008 before ane personally came BJ.King,to rite known,who,being by rite duly sworn.did depose and say,that he resides
in Houston,Texas,that be is President of S I ETEC VNSt RANCF COMPANY,the company described in and which executed the above inst ent,
that he knows the seal of said Company,that the seal affixed to said instrument is such corporate sea];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.
oT
Michelle Denny,Notary PIi
My commission expires August 27,2012
1,Vit;Brent Beaty,Assistant Secretary of SURETI C"Ii UPANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a lower of Attonicy,executed by said Company,which is still in furl farce and effect;and furthermore,the resolutions of the Board ofDirectors,set
out in the Power of Attorney are in full force:and effect,
Given raider my baud and the seal of said Company at Houston,Texas this t`° day of Irs t x 2011 —a A.D,
Brent»aty,Ass ant Secretary
Any Instrument issued In excess of the pier alty+stato°f arrive is totally void and without any validity,
For vitrification of the authority of this power you may, call(7131$12-0900 any business day between 8.00 am and 5.00 pin CST,
CERTHOLDER COP
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P_D: BOX-4 0807, SAN FRANCI COCA 94142-4807
FUND CERTIFICATE OF WORKERS` COMPENSATION INSURANCE
ISSUE DATE 03-21-2011 GROUP- ?
POLICY N R- 11-20111
CERTIFICATE 9LY. 14
CERTIFICATE EXPIRES: 11-11-2011
11-11-2010/11 11-2011
CITY OF REDLANDS w JOS:CITY OF REDLAt -FIRE
POLICYTEMPORARY
PO Ilex 3005 FACILITIES EDISON SERVICE UPS WORK
REDLANDS CA 92373-1505
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated
This policy is not subject to cancellation by the fund except upon 30 days advance written notice to the employer.
'tt+le will also gine you 30 day's advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein, Notwithstanding any requirement; terra or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such po icy
Authcorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENOORSEMENT #1800 - JAVIER CARDENAS t>RES,5EC;TRES; - EXCLUDED.
ENDORSENENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-11-2010 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
J RVW4AC INC. NIF
PO BOX 1481
VICTORYILLE CA 02393
[B16,NFj
PRINTED : 03-21-2011
(REV.8-20 10l
03/29-12011 12:10 7602455078 PAGE 02/0Atm Rbc 3
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03/29/2011 12:10 7602455078 PAGE 03/0
`THIS ENDORSWENT CHANGES THE POUCY.PLEASE RFAD IT+CARIE UL L'Yi�
ADDITIONAL INSURED ENDORSEM04T
(EXCLUt)ING RESIDENTIAL)
This err -i vided under ft f011r rw' y
COMMERCIALGENERAL LIABILITY GE PART
A00MCi IN rURED-OWNERS,LE SEIES OR CONTRACTORS ;
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Any person or organization fttthe ed h murid Is Obligated
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Policy,
0 IS AN INSURP-t)rt&COon IQ 15 affOld0d"Io include an k=Md ft +�
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endorsement:
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it ncrtrct or agreement Such eurer '
shall be ptimary Insurance, and any insurance or sevnmoance rain tl .s
` :nal Ind{s} sshall be ex of the Insurance afforded tolhe ne d t
shall-not,contrtbute to A.2.
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that'is an addit!"I insured per the toms 4 ftft oodkil.W06", �
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3. N , er the coverages provided ` insurancW.PPricy pop
aridorsomeftll apply to any claim a i `rrg. tha ligdi al
insumd or any of a
This endorsement does not 9p*td any w0rtc.l Iving ,red:. '
for permanent riddeltal or habbUonal occupancy(t)#w than>s
.The amu`and"vote refier to the Named Insured shown in the ` na.
. . a k '
-Your .r " .to :car n cn o red ". or on your behalf Old
equipment i hed in connection with gum work or operations.
NF-ES 160t