HomeMy WebLinkAboutContracts & Agreements_196-2010_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") made and entered into this 2.1,d day of
December, 2010, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and KASA 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 perform all of the work
for the following: Construction of the Terrace Park Improvements, complete all items as
required by the Contract Documents (as herein defined) and Specifications for City's
TERRACE PARK IMPROVEMENTS PROJECT, Project No. 41203 (the"Work").
2. THE CONTRACT SUM: City shall pay Contractor the sum of S299,304.50 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 requirement to be withheld by City pursuant to an escrow
agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within sixty(60) calendar
days from and after the date of the delivery to Contractor of a written Notice to Proceed
by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
allowed will result in damages being sustained by City. Such damages are, and will
continue to be, impracticable and extremely difficult to determine. Accordingly,
Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of
Five Hundred Dollars 0500) for each consecutive calendar day in excess of the specified
time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that Five
Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of
the Contractor to complete the Work within the allowed time. Such sum is for liquidated
damages and shall not be construed as a penalty, and may be deducted from payments
due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set
forth herein, to wit; Notice Inviting Bids, Instructions to Bidders., Contractor's Proposal.,
Bid Bond, Agreement, Perfon-nance Bond, Labor and Material Bond, Plans, General
Conditions, Special Conditions, Special Provisions and Specifications, and any addenda
thereto.
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
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action, in addition to any costs and other relief, shall be entitled to recover its reasonable
attorneys' fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount
of$375,000 or less shall be made by Contractor and processed by the City pursuant to the
provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code(commencing
with Section 20104). All claims shall be in writing and include the documents necessary
to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section
20104.2 shall extend the time limit or supersede the notice requirements provided in this
case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and
California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not
debarred and are eligible to work on this project,
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests
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under this Contract shall be binding on another Party without the written consent of the
Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their
respective successors and assigns in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first
written above.
City of Redlands
(SEAL) (Owner)
By:
1-1. ?—I
Mayor, City of R dlands, County of
San Bernardino, California
ATTEST
City Clerk, City of edlands
County of San Bernardino, California (SEAL)
vLe
Name of Contractor
By:
QSiature�ofAutho ed Agent
Ti
N
Sign tore of Au horized Agent (if necessary)
s
Title
Contractor's License No.
Bond No. CTR-3000233
Preriiurn: $3,490.00
(I of 2 Origi-nals)
A-1 E D 0"N f k"Z-
,ANAL CONTRA,"�*T P006E
PERFORINiANCE uo.N,D
Whereas,the City Council ofthe City of Redlands-,State of California,and Kasa Construction,
Inc. (hereinafter designated as"Principal'5 have entered into an
agreement whereby Principal agrees to install and complete certain designated public improvements,which
said agreement,dated.De c ember 22nd,2olp.and identified as Construction of the TERRACE PARK
IMPROVEMENT PROJECT,Project No. 41203 is hereby referred to and made a part hereof;and
Whereas,said Principal is required under the terms of said agreement to furnish a bond for the performance of
said project.
Now,therefore,said Principal and Aegis Security Insurance Compa s surety,are held firmly
bound unto the City of Redlands(hereinafter call"City"},in theenalsum ofTwo Hundred �iin2ty—
Nine Thousand Three Hundred ollars 99,304.5t lawful money ofthe 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.
Four and 50/100
The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors,
administrator, successors or assigns, shall in all things stand to and abide by,and well and truly keep and
peewrm the covenams, conditions and provisions in the said agreement and any alteration thereof-made as
therein provided,or his or their part;to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning,and shall defend,indemnify and save harmless
the City,its elected officials,officers,agents and employees,as therein stipulated,then this obligation shall
become null and void;otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition the face amount specified therefore,there shall be
included costs 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 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
time,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 above named, on
January 3rd 201191
(SEAL) (83H A L)
, as nat uction, Inc. Aegis Spcurity Insurance Company
(Canctor}xity
yllk&
( Enature) Matthew R. Dobyns TS-ignatuA-Attorney—I ct
do
Address:P.O. Box 350, Hartland, WI
53029-0350
(Seal and Notarial Acknowledgment of Telephone(312 ) 718-0670
Surety)
D 5
E10,110 NUNISIZR CTR .,
30
AEGIS SECURITY INSURANCE COMPANY
PON-VER OF ATTORNEY
KNOW ALL INIEN'BY THESE PRESENTS.T14AT AEGIS SECURITY INSURANCE COMPANY does hereby mak
e,constitute and
Matthew R. Dobyns
its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf surety bond,,undertaking and other instruments of siaul"
nature as follows:
$2.5 Million
This Power of Attorney is granted and scaled under and by the authority of the following Resolution adopted by die Board of Directors of
the Company on the 4th day of February 1993,
"Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the office in
appoint individuals as Attorney-in-Fact or under other appropriate titles with
charge of surety operations shall each have authority t,-) n r
authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in
the course of its business. On any instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. on
any instrument conferring such authority or on any bond or undertaking of the Company,ompany,the sea]or facsimile thereof may by imposed or
fixed or in any other manner reproduced-.provided,however,that the seal shall not be th necessary to the validity of any surf:
undertaking," I ch instrument or
"Resolved,That the signature of each of the following officers; President,Vice President,any Assistant Vice President,any Secretary or
Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto.
appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting
bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and
facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached.@
IN WITNESS WHEREOF,AEGIS SECURITY INSUPLANCiv CCI N, "PANY has caused its oftlicial seal to be hereunto affixed,and these
presents to be signed by its President this 30th day of January,2008. 1
AEGIS SECURITY INSURANCE COTNIPANY
BY <A N 14 S tjkf
DARLEEN
j. J.FRITZ
President v, 1977 IS
Comi-nonwealth of Pennsylvania 01-
s,s.: Harrisburg
County of Dauphin
On this 30th day of January,2008,before me personally came Darleen J.Fritz to me known.who being by me duly sworn,did depose and
say that she is President--f AEGIS SECURITY INSURANM
CE COPANY,the corporation dese-ibed herein,and which executed the
above instrument-'that she knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it
was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order.
CO,A
(a)xu��0*_OVZL 14, %
X OF
REBECCA LIDDICK
Notary Public
My Commission Expires July 25,2013 Ry P
1,the undersigned,Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania corporation,DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the
Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force.
Signed and sealed at the City of Harrisburg,in the Commonwealth of Pennsylvania,dated this 3rd day of January 2011
DEBORAH A.GOOD
Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On 7 before me ERI GUIDO;NOTARY PUBLIC.
personally appeared MATTHEW R. DOBYNS
® who proved to me on the basis of satisfactory evidence to be the person(-s3
whose name(o is/afe subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity] fid, and that by his/ice/theif signature{ on the
instrument the person fs), or the entity upon behalf of which the person{-5)
acted, executed the instrument.
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�lE€�IKA GtJ1C�C} certify under PENALTY OF PERJURY under the laws of the State of
CoMt,4. 1 731 California that the foregoing paragraph is true and correct.
NOTARY RU CALIFORNIA p p
1OPANGE COUNTY
MY m,expires May s,2013 WITNESS my hand and official seal.
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Signature of otary
OPTION
11011 1" 111 1 lo
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑
INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
` . ^
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino 0
On 1/04/2011
before me, Hector Zavala, 2JotarPublic
Dateot the Ofter .
personally appeared Diana I{ao]zar
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who proved tommnnthe basis ofsatisfactory evidence to
whoseUethepenaon(a) �oae name(s) is/are subscribed to the
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rAe_ HECTOR 2!AVALA____j ho/shm/thoy *xocoh*d the same in hiu/henfheirauthohzed
<Z Commission# 1868453 Ir oapaoity(iea), and that by his/her/their signature(s) on the
instrument the poraon(a), or the entity upon behalf of
Los Angeles County >My Comm.Ex res Oct 28,
which the pe/son(a) acted. executed the instrument.
| certify under PENALTY OF PERJURY under the laws
of the State cdCalifornia that the foregoing paragraph is
true and correct.
WITNESS my ha n official seal.my ha n official seal,
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Title nrType /fDocument:
Document Do0s�
� Number ofPagoa:
5ignor(s) Other Than Named Above:
Capamuy(iies) Claimed by Signer(s)
Signer's Name:
_ Signer's Name:
Individual
_ Individual
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� CorpumteO#�er--T�m(o): []Corporate Officer--Title(a):
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Bond No. CT -30011233
Premium: Included On
Perfor,n,arice Boni.
(1 of 2 Originals)
LABOR A1ND1VtATErdAL 130,N
Whereas,the City Council of the City of Redlands,State of California,and Kasa Construction, Inc.
iereinafter designated as"Principal")have entered
into an agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement,dated December 22nd 2010,and identified as the TERRACE PARK
EMPROVEMENT PROJECT,Project No. 41203,is hereby referred to and made a part hereof,and
Whereas,under the terms ofsaid agreement Principal is required befbre entering upon the performance ofthe
work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to which
reference is made in Title 15(commencing with Section 3082)ofPart 4 of Division 3 ofthe Civil Code ofthe
State of California,
Now,therefore,said Principal and the undersigned as corporate surety,are held firmly bound unto the City of
Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the
performance ofthe aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
Two Hundred Nine ty-Nine t)ollars(.$��,104pycl
r materials ftimished or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety
will pay the same in an amount not exceeding the amo,int hereinabove set forth,and also in case suit is brout
lit
upon this bond,will pay, in addition to the facce amo;lit doer erf
, c(yts and reason-able- expenses wad, fee-s.
including reasonabl'o attorney's fees, incurred by fhe City of Redimds in suoeesstuliy cillurcirig su
elI
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in thejudgiricnt
therein rendered, * Thousand Three Hundred Four and 50,/100 ** .50
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 el isms under Title IS(commencing withSection 3082)ofpart 4 of
Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon
this bond.
Should the condition of this bond be fully performed, then this obligations shall become null and void,
otherwise it shall be and remain in full force and effect,
The surety hereby stipulates and agrees that no change,extension oftime,alteration or addition to the terms of
said agreement or the specifications accompanying the same shall in any manner affect its obligations oil this
bond,and it does hereby waive notice of any such change,extension of time,alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
January 3rd 201751
Kas onstruction, Inc. (SEAL) Aegis Security Insurance Campanq EAL)
,
(Contr tor)
Er
BY.
t:E—rne 7:Tn--'Fa—c t:
Matthew R. Dobyns (Signature ture
Addrm: P.O. Box 350, Hartland, WI
(Sea]and Notarial AcImowledgment of Surety) Tele—ilo-n e(3 12�)
L18-0��_
CD 6
EO'iND N*JM:-:;r—'-'R C-,TR-K00j233
AEGIS SECURITY INSURANCE CONIPANY
PONVER OF ATTORNEY
7
KNON",'ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE CON IPAN I does hereby nit dKeconstitutc and
apf
' poilit: lvIlatthew R. Dobyns
its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of siraiLu
nature as follows: $2.5 Million
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
the Company on the 4th day of February 1993,
"Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in
charge of surety operations shall each have authority to appoint individuals as Attomey-in-Fact or under other appropriate titles with
authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in
the course of its business. On any instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. On
any instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or
fixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or
undertaking."
-Resolved,That the signature of each of the following officers-,President,Vice President,any Assistant Vice President,any Secrctark-or
Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto,
appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executinit and attesting
bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and
facsimile seal shall be viihd and binding on the Company in the ftiture with respect to any bond or undertaking to which it is attached.@
IN WITNESS WHEREOF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these
presents to be signed by its President this 30th day of January,2008.
AEGIS SECURITY INSURANCE COMPANY
BY
DARLEE1114 J.FRITZ
w 1977
President
Commonwealth of Pennsylvania
I s.s.: Harrisburg
County of Dauphin.
On this 30th day of January,2008,before me personally came Darleen J.Fritz to me known,who being by me duly sworn,did depose and
say that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the
above instrument-,that she knows the seal,of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it
was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order.
CF :X
REBECCA LIDDICK
Notary Public tiar
My Commission Expires July 25,2013 04Y P
1,the undersigned,Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania corporation,DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore that the
Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force.
Signed and sealed at the City of Harrisburg,in the Commonwealth of Pennsylvania,dated this 3rd day of January 2011
up,4,
DEBORAH A.G000
"n w. i
Secretary
w
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On DI before nae, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared _ MATTHEW R. DOBYNS
® 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/ executed the same in his/hef/theif
authorized capacity {ies), and that by his/hef/theif signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
ERIK Pik GIC)
g:
00MIS111#1843731 r WITNESS my hand and official seal.
NOTARY PUE
ORANGE COUNTY4
expires May 5,X13
Y ,
Sfi
gnature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
C] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On _ 1/04/2011 — before me, __ Hector Zavala, NotaryPublic
- -- ->
Date Here insert Name and Ttltie of the officer -- �`---
personally appeared ._` Diana Kasbar
Namets)bf Signarjs} "------------------•----
---------------------------------------------------------------------------------
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
HECTOR ZAVALA capacity(ies), and that by his/her/their signature(s) on the
Commission# 1868453 instrument the person(s), or the entity upon behalf of
z. Notary Public-California z which the person(s) acted, executed the instrument.
2 '"`` Los Angeles County n
M Cozz,mm, Expires Oct 28,2013 I certify under PENALTY OF PERJURY under the laws
of the Mate of California that the foregoing paragraph is
true and correct.
WITNESS my hand n o - ial seal.
S g at4
Signature_-"� """"""'�
P'."NIAary Sia Above e o!Notary P�t3fic _
OPTIONAL
Though the information beton✓is not required by taw,it may prove valuable to persons retying 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): ._ _..._.......
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Partner— Limited General Partner— Limited General
Attorney in Fact Attorney in Fact
LOCI at <,ur"t's Y10(e i rO
Trustee ; Trustee i t3 Of tntirn,b nerc
Guardian or Conservator Guardian or Conservator
Other:
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Scgnsr is Representing. Signer is Representing:__
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