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HomeMy WebLinkAboutContracts & Agreements_145-2008_CCv0001.pdf AGREEMENT THIS AGREEMENT,made and entered into this 3'day of September,2008,by and between the City of Redlands, a Municipal Corporation,organized and existing under the laws of the State of California,hereinafter referred to as the "City," and MCZ Construction, Inc., of the City of Redlands, County of San Bernardino, State of California, hereinafter referred to as the"Contractor." WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction of Lugonia Avenue Storm Drain Outlet project,complete,all as shown,specified,and made a part of Contract No. 405300-7240/48023. 2. For the Contract Sum of$122,044.00,in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed within thirty-five(35)work days from and after the date of the Notice to Proceed. 4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are,and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City,or have withheld from monies due it,the sum asset forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein,to wit: Notice Inviting Bids; Instructions to Bidders-,Proposal and Bid Forms;Bid Bond;Agreement;Performance and Payment Bonds; Standard Specifications and Standard Plans for Public Works Construction; Contract Documents and Supplemental Specifications; all referenced specifications; and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City,its elected officials,officers,agents,and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor,its employees or agents in connection with the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City,its elected officials,employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3,Chapter 1,Article 1.5 of the Public Contracts 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 the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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. It. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself,its partners, successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. 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 the City and Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL By: Ma Or,City of Redlands County of San Bernardino,California ATTEST: Cityrk,City Red nds i C nty of San E(e at no,California MCZ Construction Inc. Name of Contractor -7 CONTRACTOR SEAL By: Signature of Authorized Agent Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 860634 Contractor's License No. Check a License or Home Improvement Salesperson(HIS) Registration- Contractors stat... rage 1 01 Department of Consumer Affairs Contractors State card Contractor's License Detail - License # 860634 & DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124,_6).If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&,,.P..,7071,17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. Extract Date: 09/16/2008 License Number: 860634 M C Z CONSTRUCTION INC Business Information: P O BOX 1430 REDLANDS,CA 92373 Business Phone Number:(909)793-9775 - Entity: Corporation Issue Date: 06/20/2005 Expire Date: 06/30/2009 License Status: This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 100002913 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. ................. Effective Date:01/01/2007 Bonding: Contractor's_Bonding History BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer(RMO)ROBERT ALLEN ARTHUR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. 1' A bond of qualifying individual is not required. Effective Date:06/20/2005 This license has workers compensation insurance with the STATE_COMPENSATIOIV.MURANCE FUND Workers'Compensation: Policy Number:1739284 Effective Date:06/01/2005 Expire Date:06/01/2009 Personnel listed on this license(current or disassociated)are listed on other licenses. mails= MINEEM Conditions of Use f Pd-VacY PglicY Copyright®2008 State of California g` 9/16/2008 4 htto://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp WORKERS' COMPENSATION INSURANCE CERTIFICATION LUGONIA AVENUE STORM DRAIN OUTLET CONTRACT No.405300-7240/48023 Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability,to pay compensation in one or more insurer duly authorized to write compensation insurance in this State.ustrial Relations, a certificate of consent to self-insure,either as an (b) By securing from the Director of Ind ns, 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 Workers' 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 186 1) 16- U Date MCZ Construction Inc. Name of Contractor By: Signature of Authorized Agent res /-4 C11-en Signatory's Title 860634 Contractor's License No. Bond No.CE4178 Premium for contract term and Premium:$2,831.00 is subject to adjustment based pF FO RMANCE BOND Issued in two original counterparts on final contract price WHEREAS, the City Council of the City of Redlands,State of California.(hereinafter designated as"City"), i d MCZ Constr►aetion, Inc.{hereinafr designated as°°Pzincipal")have enterers into an agreement whereby Pa a ecs to install andicr�. ery pertain designated public improvements,which b said agreement dated September 3' � 3 {1{l8,and idetctifieti as Contract No.405300 -7240148023, is hereby referred to and made a part hereof,and WflMAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City. NO W,THEREI�4ltk' said Pni cipal and the undersigned as corporate surety,are held and firmly bound unto the ,. TY` a a r�, „r,T.� Thousand Forty Four and 00/100 dollars($ 122 044,00 ) City ill t11C SIItII b> I1G nuu�rw�. .. for the payment of whYch,suam well and truly to be made,we bind ourselves,our heirs,successors,executors and adni'iati11, straOis;jointly acid severally,firmly by these presents. 'The conditionofthis obb shots is such that ifthe above bounded Principal,his or herheirs,executors,administrators, g and perforin the covenants, successors sir asstgas,shall to all th jigs,stand,to and abide by,and well and truly kip conditions,and provtstans in the said agreement and afay alteration thereof made as therein prcvideri,or his or her pert;"to be kpt and 0`6d'at'tli"M-- e and in the manner therein specified,and in all respects according to their true intentaidxrieantng,and shall defend,indemnify and save harmless the City,its elected officials,officers,agents, encs eiiipl4yees;as(herein stipulated;then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. them shall be erefor As a part ofthe obligation secured hereby and in addition the face amount specified cthfiCi`min successfully enforcing such costs and reasonable expenses and fees,including attorney's fees incurred_ y tY obligation,all to be�taared as costs and included in any judgement rendered. Tho surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the cati agreement or to the wok,to be performed thereherebise undy waor ive noticeofany such cmhange,extension Of t me,alte e shall in anon dfT ct its obligations on this bond,and it does y or addition to the terms ofthe"aigreernent or to the work or to the specifications. WHEREQ � this instrument has been duly executed by the Principal and surety named, ]N WkMSgon September 9th ,2008. Bond AIti.CE4178 {SEAL,) Contraors-Bondirf and Insurance Com an {�L} MCS Constructio , a f` Principal _ If 1 Iz , i , B —signaturecanna urc e,< omey-n- ac Signature 111 Pacifica,Suite 350 Address Irvine,CA 9261$ Telephone- (-„120�. )274-2242 (Notarial Aewwwt«t is of Principal and Surety) ep yac4kiq S,$ �� w`0 ACKNOWLEDGMENT State of California County of Los Angeles On September 9th,2008 before me, Traci Larson,Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel,Attomey-in-Fact. person whose name�05Yare who proved to me on the basis of satisfactory evidence to be the persi subgribed to the within instrument and acknowledge0 that he/oh /they executed the same in hise� and that by hi e their authorized capacity), §'�IthZir siacgnaturO on the instrument the person(,p)', or the entity upon behalf of which the person(sj 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. TRAC I Li8,ASO 3>N A -omm"'t 2285 M V PI11K WITNESS my hand and official seal. N', W 01 -n xvr S ANGELES COUN'T"y '0 4 A {Seal)1:��A Bond No.CE4178 premium for contract term and.is Premium included in Performance Bond subject to adjustment based.an find PAYMENTBOND Issued in two original counterparts contract price AS the Ci Co'tinnil of the City of Redlands,State of California(hereinafter designated as"'City"),and ARE, , ; tY » eent whereby Principal MCZ Ctnstructaon,'Inc ihereivafter designated as principal )have entered to an agr agrees to install and cs�mplete certain designate l ic improve hereby refetrred to and made a part hereof and ch by said agreement dated bar 3,2W8,and identified as Contract Na.405300-7240148023, �S under#lie terms of said agreement,Principal is required before the Citenteriny secure the laimers to which payment band with ty yw -14 to fi r isb a g>od and sufficient labor and,materials ym reference is made in itle 15{tsom nencing with Section 3082)of Part 4 cif Division 3 ofthe Civil Code of the State of Cailifornia , SOW, RE, said principal and the an the as corpban w surety, nseempl employed in the perfarmld and firmly bound �anee a ity,anr�ail ,npractars,siYbtrontraohirs,laborers,iriaGterialrriert;an 3' bf the afaresard agcarwernerit, �referred to in the aforesaid Civil Code of the State of California inefo materials �ncHundrel 1 wen ' 'a Thb9and f ort ,Four and 00f 100 dollars t$122 044.00 ) riislied or lalwr'therecit of3'kind,or for aitounts cine under{he Uneinploymettt Insurance Act with respect to fu willpaythe same in an amount not exceeding the amount herein above set forth, such work or Iabor;'that said surety; an., lso in irass suit is brought upon this bond,will pay,in additiad a thea ityunt thereof, anfarcing such expenses aid fees, including:reasonable ,attorneys fees, incurred y oblatiari,to be awardsd and filed by the court,and to be taxed as costs and to be included in the judgement therein rendered. Tt shsreby,exptesto the benefit of any and all persons,companies slystipulatsd aid agreed that this band shall isiurewifli Section 3D8}of Fart ofgivision 3 ofthc and oor'pvrattoxis entitled to file claims under Titre 15(commencing Civil Code;so as to give aright of action to them or their assigns in any suuit brought upon this bond. She iild the condition of this bond be fully performed,then this obligation shall becoms null and void;otherwise it shall be and remain in full fcirce"and effect. hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the The surety. accompanyingthe same shall in agnosia agreement;or to the work#o be performed Thereunder or the specifications affect its ttbligatians on this bond,and it does hereby waive notice specificationf any such s- or extension oftime,alteration or additiaii to the tutus of the'agrebment or to the work or to the sp NtiVI'I i+tESS�V , OF; this instrument has been duly executed by the Principal and surety named, Pit Septerriber 9tlf ,2408. Bond No.CE4178 M Constnietion, c. (SEAL) Contra is.Boridin and Insurance Corn an (AAL) Surct3r pniieipat ? — -n_ act By. guature S aunna urc fiel,Attorney.I F Signakure Add r. 111 Pacifica,Suite 350 Irvine,CA 92618 pgpt;F, ipat end surety) Telephone: ( 800 274-2242 (i�txarlal AektiatiCtign \\ Q E [ 4 t� 8 _ x tit , `, ACKNOWLEDGMENT State of California County of Los Angeles On September 9th,2008 before me, Traci Larson,Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel,Attorney-in- `act . I who proved to me on the basis of satisfactory evidence to be the person(,%j whose nameo(tj5lare subs ribed to the within instrument and acknowledge that he/oh V!they executed the same in b on e 0 e s his"e' their authorized capacityos�), and that by hi the ignatur6A on the instrument the person,(p)', or the entity upon behalf of which the person o 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. 1 V! 1 LARSON WITNESS my hand and official seal. Comm# 16422853 'USUGG 1M1A OS Ar G E.SCOUNry < L V Signature. �i `1 ♦iF � ryryry}� LIMITED POWER OF ATTORNEY lt! . Power of Attorney Not Valid for Bondi Number-160802 Executed On or After: SEPTEMBER 30TH, 2009 t' t Only.M analte'red original of this P«We3 of Attorney document is valid.A valid original of this document�s printed on bra securit paper with black and reel ink and beam the seal o Contractors Bonding and Insurance Company(the"Company"). y' `Pupon The orifi final d cun:ent contains a watermark with the letters r<c tatc"embedded of ftole paper rather rnev at the tclphotnthc doc nentia itis watermark appears in The bland space beneath the words `Linl ted Power visible�vhs n"e document is held to the light.This document is valid solelyin co;iztection';�with the,execution and delivery ter the bond bearing the number indicated below,and provided also that the bond is of ilia type irdP z.tetl btic��. Thio dc»cfrn� , t; only i the bond i`�s,'.i�'.4 tttU'C�onorbefore the date indicated1�'C1S't, te KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby 'EL' SUZZAANNEEuD. and appoint the followingg: CATHERINE BURt~IiFIELr GEORGE 817RCHFITL, /I BURCHFIEZ and SHAUNNA R. BURCHFIEL its true and lawful its nameAttO, place}and stead, to with full power and authority hereby conferred company- (1) and all execute, acknowledge and deliver on babel u se, provided, however, bonds and undertakings of suretyship given for any purpose, ,. '' shall be authorised to execute and deliver any bond or that no such personfor any Portion of the penal sum undertaking that shall obligate the company thereof in excess of $10000,o00, and provided, further, that no Attorney-in- Fact shall have the t sauthority to issue a bid or proposal bond for any pect 1 1%+i where, if a contract is awarded, any bond or undertaking would e required penal sum in excess' of $10,000, and other 000; and {2} consents, releases ' similar documents required by an obligee,under a contract bonded by the the authori Page I of 2 Company Profile Company Profile CONTRACTORS BONDING AND INSURANCE COMPANY P 0 BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locatethefor Service,ofProcess? Reference Information NAIL 4: 37206 NAIC Group#: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE httn://interactive.web.insurance.ca.gov/webuser/idb—co_prof utl,get—co_proPp_EID=6735 9/16/2008 Company Profile MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information Enforcement,_Rcticrn_Documents, Composite - --Complaint Studies _5 Want More? Help,Me EindCompany any Rppimp5ptitative in My,Area Financial R;A�Im9 0 T9 01�144 0 or 1$ Last Revised-June 27,2008 09:13 AM Copyright C)California Department of insurance EID p =6735 9/16/2008 htt.n://interactive.web.insurance.ca.gov/webuser/idb co _prof? _prof utl.get co Recorded in Official Records, County of San Rernardlno 2/25/2009 LARRY WALKER EM �" K ,r >2ix Auditor/Controller — Recorder RECORDING REQUESTED BY; AND WHEN RECORDED MAIL TO: .rte R Regular Mail CITY CLERK Doc#: 2009-0082345 Titles: t gages: t CITY OF REDLANDS Fees 0.00 013 35 CAJON STREET e 0. 0 Ofher 00 t .. --------- P.O. BOX 3005 PAID $0.00 REDLANDS, CA 92373 IFFES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE PER GOVERNMENT CODE SECTION 6103 NOTICE OF COMPLETION Pursuant to Civil Code Sectlon 3093, this notice must be filed within 10 days after completion of work. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is CITY OF REDLANDS 3. The full address of the owner is 35 CAJON STREET, P.O. BOX 3005, REDLANDS, CA 92373 4. The nature of the interest or estate of the owner is IN FEE 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on February 13, 2009 The work done was Lugonia Avenue Storm Drain Outlet, Contract No.405300-7240/48023 7. The name of the contractor for such work of improvement was MCZ Construction, Inc., P.O. Box 1430, Redlands, CA 92373; Contractor's License No. 860634; and Date of Contract was September 3, 2008 8. The property on which said work of improvement was completed is in the City of Redlands, County of San Bernardino, State of California, and is described as follows: Lugonia Avenue,+/-500 feet easterly of Mountain View Avenue 9. The street address of said property is: Not Applicable Dated: February 23, 2009 "Civilr Municipal Utilities and Engineering Department,City or Redlands VERIFICATION I, the undersigned, say I am the Municipal Utilities and Engineering Director of the declarant of the foregoing Notice of Completion, and have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 23, 2009, at Redlands, California. Municipal Utilif and Engineering i ctor Municipal Utilities and Engineering Department.City edlands 25/ Recorded In official Records,County of San Bernardino / 37200 t LARRY WALKER EM G N 14AItt< Auditor/Controller — Recorder RECORDING REQUESTED BY; R Regular Mail fi AND WHEN RECORDED MAIL TO: Titles: 1 Pages: ooe#: 2009-0082345 1 CITY CLERK Fees 9.00 Taxes 0.00 CITY OF REDLANDS other 0.00 35 CAJON STREET I PAID P.O. BOX 3005 REDLANDS, CA 92373 DIRE SPACE ABOVE THIS LINE FOR RECORDER'S USE FEE PER GOVERNMENT CODE SECTION 6103 NOTICE OF COMPLETION Civil Code Section 30y3, this notice must be filed within 10 days after completion of work. Pursuant to given that: Notice is hereby g i ned is owner or corporate officer of the owner of the interest or estate stated below in the property . The unders g hereinafter described: 2. The full name of the owner is CITY OF REDLANDS 3. The full address of the owner is 35 CAJON STREET, P.O. BOX 3005, REDLANDS,CA 92373 4. The nature of the interest or estate of the owner is IN FEE title with the undersigned as joint tenants or as 5. The full names and full addresses of all persons, if any,who hold tenants in common are NOT APPLICABLE feted on February 13, 2009 on the property hereinafter described was comp 6. A work of improvement -7240148023 onia Avenue Storm Drain Outlet,Contract No.405300 The work done was Lug 7. The name of the c ontractor for such work of improvement was o Cont act was tSeptembeP 02008 1430, Redlands, CA 92373; Contractor's License No. 860634; and Dae of Redlands, County of San improvement was completed is in the City g. Thep p ►�Y onia Avenue,+1-500 feet easterly of Mountain roe on which said work of Bernardino, State of California,and is described as follows: Lug View Avenue g. The street address of said property is: Not Applicable 23 2009 Senior CifvitlEngi neer Dated: February f Municipal Utilities and Engineering Department,City or Redlands VERIFICATION a I am the Municipal Utilities and Engineering Director ontents thereolarant of the f; the same is ueoofgmyotice own 1,the undersigned, say Completion and know of Completion, and have read said Notice of ti knowledge. r I declare under penalty of perjury that the foregoing is true and correct. � i ctor A Executed on February 23 2009, at Redlands, California. Municipal%tilitand Engineering AAunicipal Utilities and Englnaering Department,City edian s w