HomeMy WebLinkAboutContracts & Agreements_59-2011_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract("Contract") made and entered into this- 31st day
of' May 2011, by and between the City of Redlands, a municipal corporation
organized and existing under the laws of the State of California., (hereinafter "City"). and
Kormx, 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:
l,. SCOPE OF WORK: Contractor shall furnish all materials amid perform all of the work
for the following: Construction of the Fd Hales Park Improvements Project. complete all
items as required by the Contract Documents (as herein defined) and Specifications for
City's ED HALES PARK IMPROVEMENTS PROJECT, Project No. 11010
2. THE CONTRACT SUM: City shall pay Contractor the sum of S493,487.90 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 Ninety (90) 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 thework 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
One Thousand Dollars ($1000) 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 ONE
Thousand Dollars ($1000) per day is the estimated dainage to City caused by the fai lare
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 ff 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, Performance Bond, Labor and Material Bond, Plans, General
Conditions, Special Conditions, Special Provisions and Specifications, and any addenda
thereto.
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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 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 (comiriencing
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 claim,,, by Contractor.
S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and rill 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
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, agreernents, and obligations
contained in the Contract Documents.
I I. 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.
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IN wrrNESS WHERE OF, the parties hereto have executed this Agreement the day and year first
,vritten above.
City of Redlands
(SEAL) (Owner)
,4
w-?� N,of edlands—, —'
Mayor, City of
I , County of
San Bernardino, California
ATTEST:
City Cierk-, City of R(Mlands;
County of San Bernardino, California (SEAL)
Name of C 'ractor
By:
Signature of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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WORKER'S'S COMPENSATION WWRANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
TD HALES PARK IMPROVEMENTS PROJECT,
Project No. 11,010
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
duty 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 date to his or her employ=ees.
I arra aware of the provisions of Section 3700 of the Labor Code which requir=es every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
previsions of that Code, and l will comply with such provisions before commencing the performance of
the work of this contract. (Labor Code section 1861)
Dated this day of'_ .2011.
( )
(Signature)
(Official Title)
{,SFAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the C ontrac:tor,vlth
the C\vner prior to performing the work of the,contract.)
Cid
BONI) NO. 20-SEA-300731
l't>"r FORIVIANCE fX)ND Premium: $9,870.00
pnwium Baud On
anal eo
Whereas,flee�rity,t.`nrartcil of the City' of Redlands, State c}6'tE°afif�srriiaa,andtrsr �._,. � �.�
_ __ (taerernatter° designated as have entered into
an ar reerrien whereby principal agrees to install and complete certain designated public irraprovenaens.
which said agreenien, daatecl _....:... 2011 .arts] identified as ED HALES PAR
Il4 PROVL:4IENT PROJECT, Proaieet No. 1 010 is hereby referred to and nnade as part hereof,
and
Whereas, said Principal is required under the terraas of said atreenient to furnish as hone] f"or tine
perforraaance of said project:
American Safety Casualty
Now,therefore,said Principal and __—Insuranc,.e�crmp ny, as surety, erre held
fhurls bound unto the City of Redlands nds(hereinafter call "City") in the penal surn of
(Ji 93,487-90 ______) lawful money of the
United States, for the paynaen of which start well and truly to be made, we bind ourselves, our heirs,
successors,exectrtcsrs and,a adninistratorrs,jointly and severally, firmly by these presents
*Four Hundred Ninety -Three Thousand, Four Hundred Eighty—Seven and 90/100--
The condition ofthis obligation is such that if the above hounded Principal, his or hers heir;, c;xecutor•s
a achninistraitor, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants,conditions and provisions in the wait]agreement and any alteration therecsf raaade as
therein provided' or his or their part, to be Dept and perforated at the Berne and in the manne• therein
specified, and irl all respects according to their true intent and meaning, and shall defend. indemnify and
save harm less the City, its elected officials,officers,argents and employees, its therein stipulated,then this
obligation shall become null and void,otherwise it shall be and renain in fulf force and effect.
As as part of thc:obli ation, secured hereby and in addition the face. anion tit specified fed 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 judgrraent
rendered.
The surety hereby stipulates anal agrees that no change, extension of time; alteration or addition to the
terns of the aagreenent or to the work to be performed thereunder or the specifications acconrpaan ing the
same shall in aanywisc aaflcct its obligations on this bond, arid it does hereby waive notice of any such
change,. extension of firric, alteration or addition to the terraas of the a reernent or to the work or to the
specifications.
In witness whereof; this;instrument has been duly executed by the Principal and surety.~ above Armed, on
1jORyL , I1IC AMERICAN SAFETY CASUALTY INSURANCE COMPANY� (Contractor) �.� ...�.,�. � _�Srrrt '� �,a
64 L __.
(Signature) (Sic=nature)
Gracie lopez, torrney—in-Fact
cldresst. . . a tlr= a IIiI. , Lda .r,u:.
(Seal sancl Notarial Acknowledgment or Surety) Telephone 18
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Lo An. l
On M4 -1,3, 2011t . Y. before me, M. S. RodLK Inez, l+tdt_aFy__ blit
#7casp.. Hem datsert.Narrse and Tine oi the-Officer
personally appeared _ —.GEA t P
Narne(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person( } whose name(:;) is/ subscribed to the
within instrumentand acknowledged to me that
4@/she/ executed the same in l4ie/her/t4@0 authorized
capacity j, and that by her/ signature(g) on the
instrument the persons, or the entity upon behalf of
which the person($) acted, executed the instrument.
M Fo�p"A3bEz
NOTARY LOS PL9AllF4zt,,C C�#l,r r1°1fi � I certify under PENALTY OF PERJURYunder the laws
tl trst yid7 St z€r of the State of California that the foregoing paragraph i
my mor*?f�L EXPIRE'JAK 2, true and correct.
WITNESS my hand and official seal.
Signature
Place N iary`eat Above Signatttre of Notary Public r'
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 late m ..:.. _...._ �® .__._ Number of Pages:
Signer(s) Cather Than Named Above;
Capacity(i s) Claimed by Signer(s)
Signer's Name ... _a _ Signer's`Name:.
lndMduel lndividual
Corporate Officer----Title(s) __aaa Corporate Officer---Title(s):_
Partner Lirri'steCf General y Partner— Limited .d.: General c
Attorney in Fait Attorney in Fact
Trustee of 4 W: :Trustee i _
M Guardian or Conservator r Guardian or Conservator
Cather ___,... _._.... ._ _ Other.,
,
Signer is Representing:, Signer Is Representing: I
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BOND NO. 20—SBA-300731
Premium Included in
LABOR AND MATER IAL BOND Performance Bond.
Wherews,the City Council of the City of Redlands. State of California, and
designated as "Principal-) have
entered into an agreement whereby Principal agrees to install and complete certain designated public
improvements,which said agreement, dated 2011 and identified as E'D
IIALES PARK IMPROVEMENTS PROJECT, Project No. 11010 is hereby referred to and
made a part hereof, and
Whereas, under the terms of said agreement, Principal is required before entering upon the perforsnance
of the work, to rile a good and sufficient payment bond with the City of Redlands to secure the claims to
wh ich reference is inade in Title [i (commencing with Section 3(182)of Part 4 of Division 3 of the Civil
Code of the State ofCalifornia.
Now, therefore., said Principal and file undersigned as corporate surety, are held Brialy 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 stun of *...... Dollars($_4L93,47.9Q) for furnished rnished or labor
thercon of any kind, or for amounts due tinder the Unernployincril Insurance Act with respect to such
work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set
fbah, and also itl Case Suit is brought upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable expense-, and fees, including reasonable attorney's tees, 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 theJudgment therein rendered.
*Four Hundred Ninety—Three Thousand, Four Hundred Eighty—Seven and 90/100--
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 rile Claims under Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so as to give at right of action to them or their assigns in
any suit brought Upon this bond,
Should the coadition, of this bond be fully perrorraed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and el"Tect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying the sarne shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of tinge,alteration
or addition,
In witness whereof, this instrument has been duty executed by the Principal and surety above named, on
May 13, -,0 il
(SEM) (SFA L)
KORMX, INC. AMERICAN SAFETY CASUALTY INSURANCE CO"MPANY
ontaac (S 1)
"retv
By' B
Y�
(Signature)
Gracie Lopez,-aVEtort ey—in—Fact
Address'. A4,z�t--Qrc ,-jl's?-C.--,) bfloor
9-08(12—
(Scil and Notarial Acknowledgment of Suirety) f_eIephorie(818
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angele
before me, S. F.94r1guez, Nt3t4r µPublic
[)say
Here Insert:Name
personally appeared . lT IAPE? Narrirsiokgn. ..w
er(s)
who proved to me on the basis of satisfactory evidence to
be the person(X) whose name(o) is/ subscribed to the
within instrument- and acknowledged to me that
A@/she/ executed the same in We/her/t4eir authorized
capacity(' ), and that by k /here ignature( on the
instrument the person(s), or the entity upon behalf of
which the person($) acted, executed the instrument'.
1 1 fa it ;A m iJlf I certify under PENALTY OF PERJURY RY under the laws
ott of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
_.
F'h3..ce Pyltb§ rq Seal Above Signature of—NolarV Putait ,�,
OPTIONAL �� �'
Though the information below is not required by law;it may prove valuable to persons relying on the document
and could preverit fraudulent removal and reattachment of this farm to another document.
Description of Attached Document
Title or Type of Document:.
Document late � . _w. .—.__.- __...__. Number of Pages-
Signer(s)
ages:Crc er(s)Other Than Named Abrave.
Capa it (ies) Claimed by Signer(s)
Signer's filaraaa. . ...:.a _. Signer's Names w ...
Individual Individual
Corporate Officer Ti91e(s): Corporate Officer Title{s)=
Partner — Limited General � �., _'. Partner Limited i:.._: General �
Attorney€h Fact �.� Attorney in Fact
�'IrUSteF w Trustee E T ,4 tr e x
Guardian or Conservator m. Guardian or Conservator
Other: .w._..__ . _ . _. ._ mm tither:. -..
Signer er I Representing:, Signer Is Representtng:_-..,._.___ 3
f,.�;t;%„'�",;,�t�"v°r"„,*� :.�s.:� "r:,,"�w',.�:�:K�'�"-ti�,r�%"s" �" "` '�` £.* ;..s"...:;�.`�."',"-"�"�,�.,"~:,° +v�'�.is�U� `. ✓ =�:A ',�'`C_`%5"tZ:.cw.".a;. '�',�.�✓W' '.
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nit iR
'Ana
ROWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that American Safety Casualty insurance Company has made, constituted and appointed, and by these
presents does make,constitute and ac coints
Grac c Lope
its true and lawful attorney-in-fact,for it and its name,place,and stead to execute on behalf of the said Company,as surety. bonds,undertaking and
contracts of sufetyshfp to be given to
ALL OBLN3EES
provided that n bond or undertaking or contract of sueafthlo executed under this authio€ttw shall exceed in amount the sum of
Cesetr Il xnLITed Nincty<)even fhtiusmid]-our I Gendied i r?,hry 5cvoi Doltar�ds497,487 00i
This Power of Attorney is granted and is signed and sealed by facsimile under and tsy the authority or the following Resolution adopted by the hoard of
Directors of the Company of the tf'"day of August,2009.
RESOLVED that the President in oonfunction with the Secretary or any Assistant Secretatydray appoint atto ways-in-faC or agents with authority as
definaO or limited in the instrument evidencing the appoinknent in each case,for and on behalf of the Company,to execute and deliver and affix the
seal of the Company to bands;undedakhVs.recognizarices,and suretyship obligations of all kinds;and said officers may remove any such attomay-in-
fact or agent and revoke any power of attorney previously granted to such
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the company when:
®r when signed by the President or any trice-Preskient and attested and sealed(ifa seal is;required)by any Secretary or Assistant Secretary or(Ii)
when signed by the President or any Uirio-Presidant or Secretary or Assistant Secretary,and counter-signed and sealed(if a seal-is required)by a duty
authottzed attorney-in-fact of agent;or(ii)when duty executed and sealed(if a acral Is required)by one or more attorn -in-fact or agents pursuant to
and within the knits of the authority evidenced by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company maybe affixed by facsimile to arty power of attorney
cr ciWitication thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or either suretyship Obligations of the Company;
and such signature and seal when so used shall have the same force and effects as though manually affixed.
IN WITNESS VMECtEOF,American Safety Casualty Insurance Company has caused ifs official seal to be hereunto affixed,and these presents to the
signed by Its President and attested by Its Secretary this If day of August,2003
_ s„
ArYYj satin Joseph f},f r:.�e�
STATE OF GEORGIA
IA
COUNTY OF COBB � ln, ust�'`'w�:
On this 6'"day of August,2009,before me personally carne Joseph D.Scolio.Jr,to me known,who,being by rne duty swam,rid depose and say that
he Is the President of American Safety Casualty Insurance Company,the corporation described in and which executed the.above instrument:that he
knows the seal of the said ion,that the seal affixed to the said instrumortt Is such corporate seal;that is was so affixed by order of the Board of
Directors of said corporation and that he signed his name thereto by like order.
.. ti
JAM#BAILEY
Notary Public,Nall Go.,GA
My Commission Expires Aug,13,20112 Je i raitey, wary F�blio
I,the undersigned,Secretary of'Arnenoan Safety Casualty insurance Company,an Oklahoma corporation,Do HEREBY CERTIFY.that the foregoing
and attached Power of Attorney remains in fuA farce and has not been revoked;and fixttwermore that the Resolution or the Board of Directors,set forth
in the said Power of Attorney,is now in force.
Signed and sealed in the City of Atlanta,in the State of far Dated this,3`ifay of I"!ay 2011
t.
3 .A
Ambu(,iacin
,
ORIGINALS OF THIS PC3`VVER ATTORNEY ARE PRINTED WTH RED NUMEWCAL NUMBERS
DUPLICATES SHALL HAVE THE SANTE FORCE AND EFFECTAS AN ORIGINAL ONLY Wt4EN ISSUED IN CONDUCTION WITH THE ORIGINAL