HomeMy WebLinkAboutContracts & Agreements_27-2011_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract")made and entered into this IS day ofl" arch,
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 MAMCO, 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:
I. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following: construction of 2010-2011 Pedestrian Ramp and Sidewalk Infill Project, Project
No. 243300-43027„complete all items as rewired by the Contract Documents (as herein defined)
and Specifications.
2. THE CONTRACT SUM: City shall pay Contractor the sura of$271,271,71 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 went 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 "Thirty( ) work days from
and after the date of the delivery to Contractor of 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, 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 stem of Five 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
Dollars($500)per day is the estimated damage to City caused by the failure of the Contractor to
complete the Cork within the allowed time. Such sura 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, Performance Bond, Labor and Material Bond, Plans, General Conditions; Special
Conditions, Special Provisions and Specifications, and any addenda thereto-
6. ATTORNEYS' TEES: 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
3 75,000 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
-t
Section 2010 4). All clairns 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.
& ELIGIBILITY OF CONTRACTORYSUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California
Labor Code Sections 1777.1 and/or 1.777.7, and ceitity 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.. 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.
CD-2
IN WITNESS WHEREOF, the pat-ties hereto have executed this Agreement the day and year first written
above.
City of Redlands
(SEAL) (Owner)
By:_�
Mayor, City of Redlands, County of
San Bernardino, Califbmia
AT7 T4.
City Clerk, City at Redlands
County of San Bernardino, California
(SEAL)
Mom Jn,
Narric of Contractor
B
ignxiature of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Contractor's License No.
CD-3
WORKER'S COMPENSATION INSURANCECEWFIFICATION
Description of Contract:rntrac;t: C:it'of Redlands
Municipal Utilities and Engineering Department
010-201I PEDESTRIAN RAMP AND SIDEWALK INFILL
PROJECT, PROJECT" NO. 243300-43027
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 liabilityto pay compensation in one or more insurer duly authorized
to write compensation insurance in this Mate,.
(b) By securing from the Director ofhrdustrial Relations a certificate of consent to self-insure,
either as an individual employ=er,or as one enrplover in a group of employers which may be
given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
sell-insure and to pay any compensation that may become due to lits 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
1 C,1)
Dated this q' day df ? _, 2011
� r V1,c-
l
(C ficial Title
(SEAL)
(l tbcra Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the.
Owner prior to perfi6rrrrinp the work of the contract.)
CD-4
I
ISSUED IN THREE (3)ORIGINAL COUNTERPARTS BOND NUMBER 024037454
$6,569,07 PREMIUM IS SUBJECT
TO CHANGE BASED ON FINAL
PE RFORMANCE BONI) CONTRACT PRICE,
Whereas, the City Council of the City of Redlands, State of California, andMAIMCO Paving Company hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public irnproverrientswhich said agreement, dated MARCH 1ST 2011 and identified as construction
of 2010-2011 PEDESTRIAN RANI 'AND SIDEWALK INFILL PROJECT,PROJECT NO.243300-
43027 is licreby referred to and made a part hereof; and
VNI'liereas, ,;Jd Principal is required under the terms of said agreentent to furnish a bond for the performance ofsaid
project,
Now, therefore, said principal and FIRST NATIONAL INSURANCE COMPANY Or AMeRICA as surety, are field firinly bound
unto the City ot'Rediands(hereinafter call "CityR'), in the penal surn of TWO HUNDRED SEVENTY ONE THOUSAND TWO
HUNDRED SEVENTY ONE 711,XV)olIarS ($271,271,71 awfut money of the United States,for the payrnent of which
SLIRI well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, 'jointly arld
severally, firmly by these presents.
`Tile condition of this oblication is such that if the above bounded Principal,his or hers heirs.,executors,admin istrator,
successors or assigns, shall in all things stand to and abide by, and weil and truly keep and perform the covenants,
conditions ai rd provisions in thesaid agreement and arty alteration thereof inadeas therein provided,or his Ot-their part,
to be kept and perfortned at the time and in the manner therein specified, and in all respects according to their true
intent and rneaning, and shall defend, indernnify and save harmless the City, its elected officials, officers,agent's and
employees,as thercin StipUlfltCd,then this obligation shall becomentill and void;otherwise it shalt beand remain in full
force and cffecl
As at part ol'Lhc obligation secured hereby and in addition the face arnount 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.
"1711C SLIreLV hereby Stipulates and agrees that no change, extension of time alteration or addition to the terms of the
agreernent or to the, vvork to be perl'Ornled Lheretstider or the specifications accompanying the same shall in anywise
al-sect its obligations on this bond,and it does hereby waive notice of any such change,extension of firrie,alteration or
addition to the wrms of the agreement or to this: work or to the specifications,
In witness whereof, this instrument has been duty executed by the Principal and surety above named, oil
MARCH8TH, I I
(SEAL) (SEAL)
MAMCOL, INC. FIRST NATIONAL INS C C(>MPANY OF AMERICA
�MCO INC� RA C C(
tr,
S LV
tractor) (Sur
B Y:
(Sumat ii r0 (Sian, PHILIP VEA, ATTORNEY-in-FACT
Address: 175 BER LEY ST.
BOSTON, MA 02116
(&2 i and Nolarial Ack noA ledurnew"of Surety) Telephone
)714-937.-1400-__-____
CD-5
PHst N bnai Insurance o npa y of America
POWER 001 41n Avenue
OF ATTORNEY $urto 17013
Sensate,rNA 'g8164
KNOW ALL BY THESE PRESENTS: Nes. 13003
That FIRST"NATIONAL INSURANCE COMPANY 05 AMERICA,a Washington corporation,does hereby appoint
PHILIP E.VEGAr PRANK MORONES;Brea,CalifornF " — —
ias true and lawful a orney(s)-in-fact, with G.01 authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by i's-rets=o*fy
elected officers at its borne office
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 19th day of January 2009
ptx,*
Dexter R.Legg,Secretary _ timothy A.Milttalafewsk),Brice President
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
.Articie ad, ,Section E1 - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant
Lance President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint
individuals as attorneys-ars-fact or under other arapropriate titfes with dtathority to execute on behaff 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
ey duncing su>„ri appo4itment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any}wand or
undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however.that the seat shall net be necessary to the vatidity of any such snstrument or undertaking,",
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA arropted July 28,1970
'Or aary cert ficaale executed by the Secretary or an assistant secretary of the Company setting out,
f The prrrvisworas of-Article V,Section 13 of the By-Laws,and
(ii) A copy of the power c`-allarrey appointment;,executed pursuant thereto,and
(iii) Certifying the.said power-of®attorney appointment is in full force and effect,
the s,gnature of the certifying officer naay be by facsfrni;e.and the seal of the Company may be tia faacsimte thereof+'
Dexter R Legg Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA do here by er;ify Iliu*trio
`orergoing extracts of the By Laws and of a Resolutions of the Board of Directors of this corporation, and of a Po%ver of Attorney
isspar, oursua.,, ,hcrpto,are arias;and r rre t, and that both tf e By—Laws, ;fie ResrUkin arid the Pc vjer if Attorney a e s.:l"s I r:riyfs ford
a=,rl c tnrM`:
IN WITNESS WHEREOF,t have hereunto set my hand and affixed the facsimile seat of said corporation
this 8TH dayof MARCH 2011
928 w
r ,� 1
o �s& , Dexter R.Legg,Secretary
a t 1 ry 1�e..oto srat Me"a, em lr .a ar.,iegisie(ed tradwna�s nr Malec.Coro i iiz, ,
'u"1rr :s :.:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT'
State of California
County of Los Angeles
On �03./08/201 1_____._ before me, Mons ralaisdell of a y _Public
Date Here insert aad of the Officer
personally appeared � Philip Vega
No (s)of Signer(a)
who proved to me on the fuss of satisfactory evidence to
be the personW) whose name(*) is/Itm subscribed to the
within instrument and acknowledged to me that
he% xe uted the same in hitkjjteuthorized
capacity i , and that by his/kW signature(s) on the
s t instrument the person$s), or the entity upon behalf of
tarry Public m California which the personfp) acted, executers the instrument,.
MONICA
rn county
;; t 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 seat.
Signature
Place Notary seal Above
Signature of Notary Putty:c
ISSUED IN THREE (3) ORIGINAL COUNTERPARTS BOND NUMBER 024037454
PREMIUM IS INCLUDED
IN PERFORMANCE BOND.
LABOR AND MA,rF,,RIAL BONI)
Whereas, the City Council of the City of Redlands, State of California, and MAMCO (hereinafter designated as
"Principal")have entered into an of whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated MARCH IST --201 1, and identified as 2010-2011
and Sidewalk Infill Pro
Pedestrian Rattip ject, Project No. 243300-43027 is hereby referred to and made a part
hereof, and
Whereas, under the terni-s of said agreement,Principal is required before entering upon the performance of thework,tel
file a ,yood and sufficient payment bond with the City of Redlands ter secure the claims to which reference is made in
Title 15 (commencing with Section '1082) of Part 4 of'Division 3 of the Civil Code of the State of California.
Now, thercrore, said Principal and tire undersigned as corporate surety, are held firmly bound unto the City of
Redlands,and all contractors,subcontractors, laborers, material rneriand other persons employed in the performance of
the aforesaid agreement and referred to in tile aforesaid Code of Civil Procedure in the S1.1111 Of
Dollars(271,271. Jfor materials furnished or labor t tie reon of
any kind, 01' for Z1111OUnts due under the Unemployment Insurance Act with respect to such work or labor, that said
surety will pay the same tit air al-TIgrin(neat exceeding the amount hereinabove set forth, and also in case suit is brought
tipon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City of Redlands ill 'successfully enforcing such obligation,to be awarded
and fixed 1) the Court, and to be taxed as costs and to be included in the iud inent therein tendered.
* TV OED SEVENTY ONE THOUSAND TWO HUNDRED SEVENW ONE 71/00
It is hereby expresslystipulated and agreed that this bond shall insure to the benefit of any and all persons,companies
,in(]corporations entitled to file clalins under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the
Civil Code, soas to give is right of action to them or their assigns tit any suit brought upon this bond,
ShOUld the condition of this bond be fully performed, then this obligation shall become nail rand void,otherwise it shall
be and rernain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of timet, alteration or addition to the terms of said
agreernont or the specifications accompanying the same shall tit any manner affect its obligations on this bond,and it
47
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, of)
MARCH 8TH 2011 l
(SEAL)
S L
AM, 0, INC. FIRST NATIONAL INSURANCE C ANY OF AMERICA
(Sure
BY:
((Sis,
_natur') I
Signature) IP VEGA, ATTORNEY-in-FACT
Address:175 BERKLEY ST.
rSeall and Notarial A:knOWICdrtT11ent Of SUI-ety) Telephone ).714-937-1400
CD-6
POWER Y 1f t Si t' 7t L "3�IfSS"M.}rs'ace CC�°'"1p:�ny of�'krne,Pca
100, h Avenue
O ATTORN Y Saito I o
Seattle,VVA 981,;f
KNOW ALL,BY THESE PRESENTS: No, 13003
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a'Alashington corporation does�erebv appoisrt
""'"'"""'PH ILIP E.VE CSA;FRANK M ROVES,Brea,California
its tare and law€ui attorneytsi-in-fact, with fuif authurty to execute or! Behalf of the company fidefitg and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to hind FIRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instrumenfs had neer dLry executed by`ts regularly
elected officers at its kerne office:
IN WITNESS-WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 19th clay of January 2009
Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President
CERTIFICATE
Extract frarn the By-laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA'
`Artic&e V, Senior: 13 - FIDELITY AND SURETY BONDS ... the President any Vice President, the Secretary, and any Assistant
Vire President appointed for that purpose by the officer in charge of surety operations, snali each have authority to appoint
mclividuals as attorneys-ir-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
donds and other documents of:shvilar character Issued by the company in the course of its business. .On any instrument;making or
eVdF nc.inil sa,•v; appointment,t4ie signatures may be affixed by facsimile.On any;instrument conferring such authority or on any bond or
undertaking of the company. the seal, or a facsirnife thereof, may be impressed or affixed or in any other manner reproduced
pro'vFrced,however,that the:seal shall not be necessary to the validity of any such instrument or undertaking.
Extract from a Resolution of the Board of Directors of
FIRST NAT$ON'AL INSURANCE COMPANY OF AMERICA adopted kilt'28.1970
"'Ir any,zer1iticate executed by the Secretary or an assistant secretary of the Company sating out,
trx erre provisions of Article V,Secr;on 13 of the By-Laws,and
eRt A copy of Ilya power,of-alTorney a rptivintrrorit,executed pursuant thereto,and
;, a.fying that said pc ver-ff-attorreyf appointment is in full force and effect,
i`e sEgrialure elf;he ce€fyinri officer may be by facsimile,and the seal of the Company may be a facsimile theroof`
Dexter P Legg Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
`coregong extra*,=urs of the By-Laws and of a Resolu'`icn of the EaaMc of Directors of :his corporation arra rat a F'tiwer of Atitrrne'y
oisued oursuant !hereto, area t=rUe and c:drr_ct, and that both the Dy-Laws, iie Resciu`:din arid,hc Power c=Allortroy are s;IE .n rut' force
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this STH day of MARCH 2011
p
SEAL '<
✓3 �'�
WAS`" Dexter R.Legg,Secretary
S"Iferr~,o.an",tt*ua4"C'�.@.ao am mgi iefed!ra,_'v.a6,r-,f. l
W S POC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of__jjqsxcele m
n 03f Q 1 before rn , --Monica Blaisdell, rfr Pubic
Date HOM Insert Name i-A This of tt t}tf
personally appeared Philip Vega
ntmt qs)tit Bogner(s) �-
who proved to me on the basis of satisfactory evidence to
be the person(g) whose namei' is/im subscribed to the
within instrument and acknowledged to me that
he,4AkQ&qqWxecuted the sante in hiskrAftwuthorized
MONICAcity §*, and that by hi signatures) ars the
instrument the personl(s), or the entity upon behalf cif
which the pe nit) actted, executed the instrument,
OM. Mor26,2012 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 and official seat.
Signature
�'ta Notary Seat ire ;^sSgn2turE pt Nctfary�'uttiic- �____-.a
Church Street Well Rehabilitation - On motion of Councilmember Harrison,
seconded by Councilmember Bean, the City Council unanimously agreed that
rehabilitation of the Church Street Well is exempt from environmental
processing pursuant to CEQA Guidelines and approved a service agreement
between the City of Redlands and Best Drillina and Pump, Inc. to perform the
rehabilitation work,
airport Well Rehabilitation - Cin motion of Councilincrnber Harrison, seconded
by Councilrnernbcr Bean, the City Council unanimously agreed that
rehabilitation of the Airport No. 2 Well is exempt from environmental
processing Pursuant to CEQA Guidelines and approved a service agreement
between the City of Redlands and South West Pump and Drilling, Inc. to
perform the rehabilitation w=ork.
zl�
Sidewalk and Curb Improvement - On motion of Councilmember Gardner,
seconded by Councilmerriber Harrison, the City Council unanimously agreed
that construction of the FY 00 CBDG Sidewalk and Curb Cut
Improvement Project is exempt from'farther environmental processing pursuant
to CEQA Guidelines. approved the Project plans and specifications and awarded
a contract to KAD Paving Company to perform the work.
More Sidewalk Improvements - On motion of Councilmember Gardner,
seconded by Councilmember Harrison. the City Council unanimously agreed
that construction of the FY2010-2011 CBDG Sidewalk and Curb Cut
Improvement Projectt`
is exempt from further environmental processino pursuant
to CA Guidelines. approved the Prc�lect plans and specifications and awarded
a contract to Marneo, Inc. to perform the work.
More Sidewalk Improvements - On motion of Councilmember Gardner,
seconded by Councilmember Harrison, the City Council unanimously agreed
that construction of the CBDG - Recovery Act - Citywide Sidewalk and Curb
Cut Improvement Project, Phase 11 is exempt from further environmental
processing pursuant to CF QA Guidelines, approved the Project plans and
specifications I
s ications and awarded a contract to SAD Paving Company to perform the
work.
Water DistriCA Aarcernent - On motion of Counci Imeni her Bean, seconded b-Y
Councilmernber Harrison. the, City Council unanimously approved a Stock
purchase Option Agreement and a Shares Lease Agreement between the City of'
Redlands and the San Bernardino Valley Municipal Water District for the lease
with option to bUV 10,000 shares of Bear Valley Mutual Water Company water
stock.
Fire Trtick Purchase - Can inotion of Councilmember Harrison, seconded by
Councilmember Bean. 111C City Council unanimously approved a purchase
March ],"CIO]I
Page 6