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Home My WebLink AboutContracts & Agreements_221-2012_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 6th day of November, 2012, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California ("City"), and KAD Paving Company("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: Construction of pavement repair work, complete, as required by the Contract Documents (as herein defined) and Specifications for City's 2013 City Wide Pavement Repair for Water Project No. 71235 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of Six Hundred Twenty Nine Thousand Dollars ($629,000) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within one hundred eighty days (180) 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 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 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, 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. K-\Capital Projects Water Projects\Pavenient Patch Repair Project 2013',7 BID AND AWARDS_PRECONSTRUCTIONKAD PAVING Public Work Contract 2012,doc 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 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 City without the prior written consent of 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. 2 K:\Capital Prqjects\Water Projects"Pavement Patch Repair Project 201317 BID AND AWARDS PRE CONSTRUCTION. PAVING Public Work Contract 2012 doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. City of Redlands (SEAL) By: Pete Aguilar, Mayor ATTEST- Sam Irwin,- It Jerk (SEALINC V ) 7T Name of Contj for By: l; Signature of Authorized Agent itle Signature of Authorized Agent(if necessary) Title 1;3-n� A��5 Contractor's License No. K:;Capital ProjecLs skater Projects"Pavement Patch Repair Project 2013117 BID ND AWARD PR CONSTRUCTIO KAT) PAVING Public Work Contract 2012,doc WORKER'S CONIPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities& Engineering Department 2013 City Wide Pavement Repair for Water Projects, Project r0i No. 71235 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) ,-1)-n - DatedthisA7T day of*"� 012. f4k4b (Contractor) (Signature) + (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.) 4 K:\Capital Projects Water ProjectsTavement patch Repair Pr(ject 201317 BID AND AWARDS PRECONSTRUCTIONKAD PAVING Public Work Contract 2012.doc ---.� OP CERTIFICATE OF LIABILITY INSURANCE 11128112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERlS1 AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlf tate holder Is an ADDITIONAL INSURED, ttw poky(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the posey, certain poticles may require an endorsement. A statement on this cerSlRcate does not confer rlghds to rhe h PRODUCER 909-98041211 erstone Insurance Services wh 909 9804178 AJC rlo etton S Assoc Ins Svs Inc P.O. Box 1200(Lic#DC04829I Rancho Cue wnPpa,, CA 91729.1200 Brent Jerson,AAI, CIC KADPA-3 WCURFR(S)AFFORDING COYERA" HAIC■ K A D Paving Company INSURERA James River Insurance Company 12203 32147 Dunlap Blvd a>!F( wsURERa Nationwide Mutual Insurance Co 23767 Yucaipa,CA 92399 c Rockhill Insurance Company 28093 WSURER D WSURER E RA CERTlFtCATE NUMBER: REVISION NUMB7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR AiJUL�SLY4$N POLICY EFF POLICY EXP TYPE OF MISURANCE POLICYNUMBER LUTS GENERAL LIABILITY EP,CH J=L: 'REt.=rE $ 1,0w,004 A X coWMERc:[ALGE 4a trP&u*_ 000524750 03119/12 03119113 $ 50, CL/dMS-PWL�E iCCLa=. NED EX"!Anr,,)re per<cl Exclud F`ERt3{XLti1 8 AD',iNJJP I $ 1,000,md GF_IERPi=N GPE' SAT 2,0t�0,0 GEN',ACA, REGALE LIMIT APPLIES PER. PRO+JI,X=T`_:-!ONS±�p,R:+y $ 2,000, r Lit AUTOMOBILE LIABILITY CON18INED g,I-'LE Lta3f? (En HNtad.iltt g 1,000, B X vo AULao ACP7805481112 03/19/12 03119113 E3.';>Dtf_'f i`"prs�j g ALL OWNED AUTOS 6L'OiLY!4.0�Y;Far ar $ KFEEL ED ALTOS PRC Riva q,_.c X HtREEDXJTOS Pe g riy nf, X rtOrr Ove rv�rvs 5 UMBRELLA LIAB X :a_cL EACH C,_:-_G,-E'i-E 1,000, X EXCESS LIAB �_�f��V.-EC 1.�� C RXSLRU00106100 03119112 03h19M3 00( DECO CTIBLE TNTiON WORKERS COMPENSATION AND EMPLOYERS'LIABILIT YIN k4NF'RCtFP_FTC4?$'ARTNERtE>CECf 7'-vE � £L EitC�A;,C1DEC4_ � $ OPFICERNeE SER EY,CUJCJED? N!A (Mandatory In NH) E L CiTAZSE-EA It vas,d%';nbe tsKtgr r T O E L D SE,-SE-Frl__3,L_;MJT B lRentedlLeased Eqpt CP 1112 03/19112 I 03119113 Glue 100,0 DESCRIPTION OF OPERATIONS;LOCATIONS I W-FI)CLES (Attach ACORD 101,Addkiond Rema*s Sch*duts,Ir more*pace is requaed) 10 days notice of cancellation in the event of non-payment. RE- City of dlands - 2013 City Wide Pavement Repair for Water Project #71232, various locations through out the city. TF HOLDER LLATION CITRE01 SHOULD ANY OF THE ABOVE DESCRIBED POLK:IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED MI Cit}/Of Redlands ACCORDANCE MTH THE POLICY PROVISIONS. P.O.Box 3005 Redlands,CA 92373 AUTHORIZED REPRESENTATIVE Cal INS-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD a„rr H.t: r1IVI CERTIFICATE OF LIABILITY EDATE(MMIDO2 tYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS cCa;TIrICATI; DOPA NOT AVVIRIMATIVRILY CEP NE ATIVRLY A FNFL FYTFNt) OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONACT PRODUCER 909-980-4211 N A M E: Silverstone Insurance Services PHONE !FAX Jetton&Assoc Ins Svs Inc 909-980-4785 LAIC P.O.Box 1200(Lic#00048 9) E-MAIILss. Rancho Cucamonga„CA 91725-1200 PRODUCER Brent Jetton,AAI,CIC cue olwl l lid#.KADPA-3 INSURE I NAIL# INSURED K A D Paving Company INSURER A;James River Insurance Com pan712203 32147 Dunlap Blvd KInsurance _ � INSURER B:Nationwide Mutual I izrance C83 ;2_3787 Yucaipa,CA 92393 INSURER C:RoCkhill insurance Company 1:28053 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY WHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSJ-R? .AG#�Ui°-,_. _.` _. POLiCYEI* 3 POLdC EXP i _..�--- LTR TYPE OF INSURANCE INSR I WVD POLICY NUMBER MMIDDIYYYY 1 MM1DDNYYY i LIMITS GENERAL LIABILITY ] EACH OCCURRENCE _ $ 1,000,00 A X COMMERCIAL GENcRAE..L€AI31LrrY X ' !1000524750 03/19112 t1 j 03119/13 -PREMISES(Ea occurrence) 50100 CLAIMS-MADE j OCCUR C NIECi EXP(Arry arae person) 1$ XCIt9d ' { iPERSONALBADV INJURY $ 1,000,00 ] ; GENERALAGGREGATE 2,000,00 G_�I AGGREGATE LIMIT APPLIES PER: PRODUCTS-ciJi�PrOP AC 6 1$ 2,000,00 POLICY PRO- I }LOC I AUTOMOBILE LIABILITY � 3 � � ' ,COMBINED SINGLE LIMIT !S 1,000 00 18 ANY AUTO ; IAC P780,481112 3 03/19/12 k 03/19/13 '{Ea accident) - __- BODILY INJURY(Par ow-son) i$ ALL OWNED AUTOS ( -V"-- BODILY INJURY(Per accident)i$ I SCHEDULED AUTOS �� f I PROPERTY DAMAGE X HIRED AUTOS ? s j.Peraccdert) $ X NON-OWNED AUTOS I $ UMBRELLA L]A8 j OCCUR } j EACH OCCURRENCE is 1,000,00 X i EXCESS LIAR CLAIMS-MAD( ( s AGGREGATE --�{$ 1,000,00 C — _ _.� RXSLRU{I010610Q 03119112 i 03119113 i -- — DEDUCTIBLE I I ;S RETENTION $ $ 1 WORKERS COMPENSATION i } I INC STATU i (OTH- AND EMPLOYERS`LIABILITYY 1 N ' I TORY LIMITSL _ R __-..- ___ { ANY PRC?PRiETOR..IPARTN£r`�-.IE;ECUTt -'VE r- I - ' ' 1 I E.L.EACH ACCIDENT _ 3 OFFICERIMEMBER EXCLUDFD' I €N i A I ( - '- -- (Mandatory in NH) `_[ E L.DISEASE-EA EMPLOY£EI 5 €1 yes,des be under DESCR€PTION OF OPERATIONS betaw I £.L.DISEASE-POLICY LIMIT $ B 'Rented/Leased Eqpt �ACP7E0 1112 03/19/12 r 03/19/13 ]Value 100,00 I DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) *10 dayya ra notice of cancellation in the event of non- ayment. RE: City of i Redlands - 2013 City Wide Pavement Reppair for Water ro ect #171232 various locations throughout the city. City of Redlands is additional insured with respects to general liability per attached MC201OUS O4/10 and MC2037US 04/10. CERTIFICATE HOLDER CANCELLATION ! CITRE01 SHOULD ANY OF THE ABOVE DESCRIBER POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Redlands ACCORDANCE WITH THE POLICY PROVISIONS. � R.O.Box 3005 � .AUTHORIZED REPRESENTATIVE g Redlands,CA 92373 [ 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD 000524750 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS -- H E HEDULED PERSON OR ORGANIZATION APARTMENTS AND ALL CONSTRUCTION OTHER THAN RESIDENTIAL HOUSING This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY Name Of Additional Insured Pe Or Ohtani zations sp City of Redlands i RE'. City of Redlands -2013 City Wide Pavement Repair for Water Project#71232, various locations throughout the city. information required to complete this Schedule, if not shown above will be shown in the Declarations, A. SECTION 11—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by"your work", as described in the schedule of this endorsement performed for that additional insured and included in the "prod ucts-completed operations hazard" as described in the Covered Completed Operations, schedule above, B, The insurance provided to the additional insured under this endorsement is limited as follows: Covered Completed Operations shown in the schedule above shall not include"residential housing"of any description, C.Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis, The following definitions are added to SECTION V- DEFINITIONS of this policy: "Residential housing" means a structure or structures, including the land upon which it is situated, � y designed or intended for occupancy in whole or in part as a residence bany person or persons, "Residential housing"does not include"apartments" or"apartment buildings Apartments means one or more rooms of a building used as a dwelling unit separate from others in the building and which are rented from others by those dwelling in them, "Apartments building" means a structure containing two or more separate"apartments.' ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. includes copyrighted material of Insurance Services Office, Inc- with its permission. MC2037US 04-10 Page I of I 000524750 T"10 ENDORCCMENT C"AMCP-9 Tt4r= POLICV. PLEACK RP-AD IT CARKFULLY- ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (SCHEDULED) - APARTMENTS AND ALL CONSTRUCTION OTHER THAN RESIDENTIAL HOUSING This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY Name Of Additional Insured Pers Covered Operations Or Organization(s): City of Redlands E. City of Redlands-2013 City Wide Pavement Repair for Water Project#7 1232, various locations throughout the city. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. SECTION 11—Who Is An Insured is amended to include any person or organization shown in the Schedule for which you are required to include as an additional insured on this policy by written contract or written agreement in effect during this policy period and executed prior to the"occurrence"of the'bodily injury" or"property damage," Coverage provided such additional insured is only with respect to liability for"bodily injury", "property damage"or personal and advertising injury caused, in whole or in part, by: -1 t. Your acts or omissions or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s), providing that "your work"or"your product" related to Covered Operations shown in the Schedule above, is other than"residential housing" of any description, & With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury" or"property damage" occurring after: I, All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs')to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. MC201OUS 04-10 Page I of 2 TWIC ENDORSEMENT C14AMCC-9 TWP POLICY. PLEA READ IT CAREFULLY- C. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. The following definitions are added to SECTION V—DEFINITIONS of this policy: "Residential housing"means a structure or structures, including the land upon which it is situated, designed or intended for occupancy in whole or in part as a residence by any person or persons. "Residential housing"does not include"apartments" or"apartment buildings," "Apartments" means one or more rooms of a building used as a dwelling unit separate from others in the building and which are rented from others by those dwelling in them, "Apartments building" means a structure containing trvo or more separate"apartments." ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc-, with its permission, MC201OUS 04-10 Page 2 of 2