HomeMy WebLinkAboutContracts & Agreements_72-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction Contract ("Contract") made and entered into this day of
i I -, 2013, by and between the City of Redlands, a municipal corporation
organized and existing under the laws of the State of California, (hereinafter "City"), and MCC
Equipment Rentals, 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: Soffel Avenue Water Pipeline Replacement Project, complete all items
as required by the Contract Documents (as herein defined) and Specifications for City's
SOFFEL AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT
NO.71239.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $352,815.81 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 ($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 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, 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 (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
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:
Mayor, City dRedlands,County of
San Bernardino, California
ATTEST:
City Clerk, City d—Redlands
County of San Bernardino, California (SEAL)
Name of Cofractorl
By:
Sign,iture Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
V---i
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Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
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SOFFEL AVENUE WATER PIPELINE
REPLACEMENT PROJECT,
PROJECT NO.71239.
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
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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)
Dated this day of k1A 2013.
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LEM
(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.)
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EXECUTED IN DUPLICATE BOND NUMBER 024049275
PERFORMANCE BOND PREMIUM: $6,292.00
Whereas, the City Council of the City of Redlands, State of California, and MCC Equipment Rentals,
Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement,
dated._, 2013, and identified and identified as SOFFEL AVENUE WATER
PIPELM REPLACEMENT PROJECT,PROJECT NO.71239 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 THE OHIO CASUALTY INSURANCE COMPANY
-, as surety, are held
firmly bound unto the City of Redlands (hereinafter call"City"), in the penal sum of three hundred fifty
two thousand eight hundred fifteen dollars and eighty one cents ($352,815.81) lawful 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 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
perform the covenants,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
MAY 1, 2013.
MCC EQUIP NT RENTALS, INC.(SEAL) THE OHIO CASUALTY INSURANCE COMPaEAL)
(Contractor) f 0- is
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t-;�-i&%,4jMICHAEL STONG ( g afore) ATTORQFY-IN-FACT
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Address: 790 THE CITY DR. S. STE 200
ORANGEz CA 92868
(Seal and Notarial Acknowledgment of Telephone(7 14 ) 634-3311
Surety)
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CALIFORNIA ALIT-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
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On I before me, R. NAI?PI "NOTARY PUBLIC"
j? (Here insert name and title of the officer) }
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personally appeared MICHAEL D. S2oNo
who proved to me on the basis of satisfactory evidence to be the person,(.s whose name(s}'is/amsubscribed to
the within instrument and acknowledged to me that h / executed the same in his/her- eir authorized °
capaci ' and that by hi signature on the instrument the personX,or the entity upon behalf of
f which the person fs f`acted,executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
R. NAPPI �
WITNESS my hand and official seal. COMM.#19777-2
NOTARY pUEILIC§CALIFORNIA
RISIERSl3E COUNTY
f 1 (Notary Seal) Y� June 7,2096
Signature o otary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California crust comma verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the mtar),section or a.separate acknowledgment form must be �
property completed arid attached to that dactanent 77W onty exception is ff a #
document is to be recorded outside of California.In such instances,an},alternative
(Title or description ofatutched document)
acknowledgment verbiage as nuty be printed an such a document so long as lite E
x verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capactly of the r). Please check tire
(Title or description ofattached document continued)
document careloll}for proper notarial ivoiding aryl attach nNiform if required,
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• Start and County information trust be the State and County where the document €'
Number of Pales Document tit
Date-signer(s)Personally appeared before the notary public for acknowledgment,
• hate of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgmeni is completed, l
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then ycour title(notary public). €
• Print the camels)of document signer(s)who personally appear at the time of ;
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fcrtsns by crossing off incorrect forms(i.c.
Wsh&4w,,y is/are)or circling the correct forms.Failure to correctly indicate this ]
t ❑ Individual(s) information may lead to rejection ofdoeu etd recording,�t
D Corporate Officer . The notary seal impression must be clear ami photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a �l
I (Title) sufficient area permits,otherwise complete a different acknowledgment form.
l 0 Partner(s) • Signature ofthe notary Public must match the signature on rile with the office of
the county clerk- )
D Attorney-in-Fact -:- Additional information is not required but could help to ensure this
0 Trustee(s) acknowledgment is not misused or attached to a different document
r 0 (alter Indicate title or type of attached document,number ofpages and date.
Indicate the capacity claimed by the sir. If the claimed capacity is a
corporate offtetr,indicate the tie(i,e�CEO,CFO,Secretary).
• Securely attach this document to the signed dtsctttnettt
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2008 Ver£ioti CAPA vl2.Ito.07 800-373-9965 NNAvvv.NotaryClasses.com
EXECUTED IN DUPLICATE BOND NUMBER 024049275
PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and MCC Equipment Rentals,
Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public iniprovements, which said agreement, dated
1 2013, and identified as SOFFEL AVENUE WATER PIPELINE
REPLACEMENT PROJECT,PROJECT NO.71239 is hereby referred to and made a part hereof;and
Whereas,under the terms of said agreement,Principal is required before entering upon the performance
of the 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) of Part 4 of 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 unto the
City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the sum of three hundred fifty two thousand eight hundred fifteen dollars and eighty one cents
($352,815.81) for materials furnished 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 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 and fees, including
reasonable 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
rendered.
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 15 (commencing with Section
3082) of Part 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 obligation 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 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 of time,alteration
or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
MAY 1 –2013.
(SEAL) (SEAL)
MCC-EQUIPMENT RENTALS, INC. THE OHIO CASUALTY INSURANCE COMPANY
AA A (Contractor)
(Sa- M azure) MICBY
-a HAEf STONG, ("gure) ATTO Y—IN—FACT
Address:" 790 THE CITY DR. S. STE 200
— ORANGE, CA 92868
(Seal and Notarial Acknowledgment of Surety) Telephone(714) 634-3311
CD
F_ CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
RIVERSIDE
{ On before me, R. NAPPI "NOTARY PUBLIC"
(Here insert tame and title of the officer)
fj §
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the person whose nameWis/am subscribed to
€= the within instrument and acknowledged to me that he/ executed the same in hisAketAhei^r authorized
capacityp:e4 and that by his later signature 'on the instrument the person;or the entity upon behalf of
which the personWacted,executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph '
is true and correct.
R. IAPPi
WITNESS my hand and official seal. COMM.#9977782 �
NARY PUBLIC-CALIFORNIA &
(Notary Seal) MCOM
COME �COUNTY
June7,2010
Signuture of Notary Public MOW
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknrnr;ledgmeni completed in California must contain verbiage exactly as i[
DESCRIPTION OF THE ATTACHED DOCUMENT appears above hr the notary section or a separate acknowledgment form"rust be
properly completed and attached to that documem. The ante exception is if a
document is to be recorded outside of California.In such instances,any alternatire
(Title or description ofattacbed document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notate in I
i California(i.e. certifying the authorized cqpisci4,of the signert. Please check the
(Title or description ofattached document continued) document carefulli;for proper notarial}yarding and attack thisform t(required.
Number of Pa es Document Date * State and County information must be the State and County where the document
P signer(s)personally appeared before the notary public for acknowledgment,
• Date of notarization must be the date that dee signer(s)personally appeared which
must also be the same date the ac3 nowledgmem is completed.
(Additional information) * The notary public most print his or her name as it appears within his or her
commission followed by a comma and then your tide(notary public). €
3 * Print the morels)of document signer(s)who personally appear at the time of t:
notarization. [
CAPACITY CLAIMED BY THE SIGNER. • Indicate the cartect singular or plural forms by crossing off incorrect forms(i.c l
I+elshcl is late)or circling the correct farms.Failure to correctly indicate this
❑ Individual(5) information may lead to rejection ofdocument recording.
El Corporate Officer * The notary seat impression must be clear and photographically reproducible. l
Impression trust not cover text or lines.If seal impression smudges,reseal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form. l
Partners) * Signature of the notary public must match the signature on file with the office of
)' the county clerk.
I0 Attorney-in-Fact `r Additional information is not required but could help to ensure this
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0 Trustee(s) acknowledgment is not misused or attached to a different Other
dtumt�rtt
i +s Indicate title or type of attached document,number ofpages and date.
Indicate the capacity claimed b the signer If the claimed capacity is a
r. Y ps pa t} �€
corporate ofpcer,indicate the title(i.e.CEO,CFO,Secretary).
* Securely attach this document to the signed document
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2DOg Version CAPA vl2,10-t7 800-973-9965 wmw.NotmyClasse5.com
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No,599942a
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
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POWER OF ATTORNEY
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KNOWN ALL PERSONS BY THESE PRESENTS:That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of t
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Jeremy Pendergast;Michael D.Stong;Rosemary Nappi
all of the city of Riverside state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bunds,recognizances and other surety obligations,lin pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. 1
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of Eebwary 12013 >,
American Fire and Casualty Company
The Ohio Casualty Insurance Company
o f Liberty Mutual Insurance Company aNs
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f West American Insurance Company
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CBy:
Gregory W.Davenport,Assistant SecretaryC
d r anc
STATE OF WASHINGTON ssM
..E COUNTY OF KING C
On this 20th day of February 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American V
u d Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do; >%U)
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02 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W
'4) > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O CL
By;
O KID Riley,Not Public
t0
C 0 E
n.
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to o
y#, Company,Liberty Mutual Insurance Company,and Vilest American Insurance Company which resolutions are now in full force and effect reading as follows: ��?
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ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p r
) to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, ,
p G acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact;subject to the limitations set forth in their respective
I powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When$o sy
'-''"' executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >.0
O ev
'- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. =V
ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,
> and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make:execute,
p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their oa
Z 0 respective powers of attorney,shall havefull power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so 0 o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O V-
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such r`�
attomeys-in-fact as may be necessary to artt on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and
other surety obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a i ertlfed copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same torte and effect as though manually affixed.
1,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West
American Insurance Company do hereby car*that the original power of aftomey of which the foregoing is a full,true and correct copy of PowerofAttorney executed by said Companies, K
is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of t t 20 ,
-
�•� i By: t i
t David M.Carey,'Assistant Secretary
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