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HomeMy WebLinkAboutContracts & Agreements_222-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 18"' day of November, 2014, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Matich Corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and perforin all of the work for the following: PARIS 2014 RESURFACING PROJECT (567-960), complete all items as required by the Contract Documents (as herein defined) and Specifications for City's PARIS 2014 RESURFACING PROJECT (567-960), Project No. 41060. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$10,497,000.00 as consideration for its performance of the Work in accordance with the terns 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 180 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 $2,000 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 $2,000 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. 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. CD 1 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 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 parties hereto have executed this A&n-eciuent the day and year first written above. City of Redlands (SEAL) (Owner) By Pete Aguilar, Mayor, Cit 'f Redlands, County of an Bernardino,California ATTEST: — City CF lerk., City f Redlands County of San Bernardino, California- (SEAL) Matich Corporation Name of Contractor By: ............... Signature of Authorized Agent Mark T. Hickman Vice President Title Signature of Authorized Agent(if necessary) Title 149783 Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department PARIS 2014 RESURFACING PROJECT(567-960) Project No. 41060 Labor Code, Section 3700,provides, in part that- "Every employer except the State shall secure the payment of compensation in one ormore 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. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure., either as anindividual 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 tire perfon-nance of the work of this contract, (Labor Code section 186 1) Dated this—�—day of 2014. Mafich Corporadon (Contractor) -- (ZJ el' 2,111 (Signature) Mark T. Hickmn We President (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.) CD 4 r Executed in Duplicate Bond Number: 24058705 Premium: $52,398 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Matich Corporation (hereinafter designated as "Principal") have entered into an agreement dated November 18, 2014 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as PARIS 2014 RESURFACING PROJECT (567-960),Project No.41060 and is hereby referred to and made a part hereof; and i jWhereas, said Principal is required under the terms of the Agreement to furnish a bond I for the faithful performance of the Agreement,now,therefore,we,the Principal and Liberty Mutual Insurance Company , as Surety, are held and firmly bound unto the City in the penal sum of Ten Million Four Hundred Ninety Seven Thousand Dollars ($10,497,000.00) lawful money of the United States, for the payment of which sum we bind ourselves, and 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 its heirs, executors, administrators, 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 Agreement and any alteration thereof made as therein provided, on his or its 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 faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend,indemnify and save harmless the City and 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 to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement,the City having performed the City obligations thereunder, the Surety shall promptly remedy the default,or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terns and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in CD 5 this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement mid any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid ftom, the Principal for completion of the Work if the City, 1,vben declaring the Principal in default, notifies Surety of the City's of to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any -suit under this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, 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 any way 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. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred,with or without suit,in addition to the above slim, 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 any way 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 duty executed by the Principal and Surety above named,on November L5_, 2014. (SEAL) (SEAL) tigh,Qorlaoration (Surety) '7 B u-1 Y Mark T. RiEkme signature) Vice President Heather Saltarelli i tore) Apt tomey-E---Fact (Seal and Notarial Acknowledgement of Surety) A(tdress:-330-N-]3randBtvd-,-Sufte-EOD--- Telephone.- (818 ) 956-4338 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of QmDB° On NOV 2 5 2014before me, K. Luu, Notary Public Del® MOR umm Nemo end title of fi0 omm personally appeared Heather Saltarelli emetsl er(s who prmd to me on the basis of satisfactory evidence to be the person(8) whose name($) is/ft subscribed to the within instrument and acknowledged to me that tWshelV*executed the same in YrlslherAWt authorized capacky(INA), and that by MfterAtl/iFlIIP signature(g)on the - - - - - instrument the person(fi), or the entity upon behalf of K.Luu which the person(is)acted,executed the instrument. Commission# 1955906 a�•== �, Notary Public-California z I Certify under PENALTY OF PERJURY under the laws z<r Orange County of the State of California that the foregoing paragraph is My Comm.Expires Nov 6,2015 true and Correct. WITNESS my hand anial seal. PW*�n aeo Ab" Signature eromR d NOtery PL+M OPTIONAL Though the Informalkn below is not required by law,N mey prove valueble to persons re"V on the docurnent and could prevent fraudulent removal and reattachmerrt of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signor(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: O Individual O Individual O Corporate Officer---Titie(s): O Corporate Officer—Thle(e): ❑ Partner--❑Limited O General O Partner—❑ Limited ❑General 121 Attorney In Pact O Attorney In Fact C3 Trustee a neva TrusteB O Trustee Topa thumb here O Guardian or Conservator O Guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: 5aioi40iiyAeaoCWM-MODo80b*tie:,AQeae242.0M*0*CA81315-202-W*VatiaeQ�oOAn Remf5W7 Aeordu;CdT0&R**14004764W Q=—Na Executed in Duplicate Bond Number: 24055705 Premium, Included in Performance Bond' LABOR AND MA'ni RIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Matich Corporation (hereinafter designated a "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete rtain designated public improvements (the " Iorle), which said agreement, dated November 18, 2014, and identified as PARIS 2014 RESURFACING PROJE (567-960), Project No. 41060 is hereby referred to d made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before Commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands ds o secure the claims to which reference is made in Title 3 (commencing with Sectio 9550)of fart 6 of Division 4 of the Civil Code of the Mate of California. Now, therefore, said Principal and: the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers,material men and other Persons employed in the Performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sutra of Ten Million Four Hundred Ninety Seven. Thousand Dollars ($10,497,000.00) for'materials furnished or labor thereon of any bind, 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 attorneys' fees, incurred by the City 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 judgtnent therein rendered, It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any d all persons, companies and corporations entitled to filo claims under Title_3 (commencing' with Section. 9550) of Part fs of Division 4 of the Civil Garde, so as to give a right of action to them or theirsigma in any suit brought upon this bund. Should the condition of this gond; be fully performed,then this obligation shall become Trull and void,otherwise it shall be and remain in lull force and effect, The surety hereby stipulates d agrees that no change, extension of time, alteration or addition to the terms of the 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 bine,alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named,can November 25 12014, (SEAT) (SEAL) ich Corporation liberty Mutual Insurance Company ( ol ra r Sate y s f ick n (Signature) ce President Heather Saltarelli (Sirel Attorney-in-Fact Address: 330 N. Brand B jvd, Ito 500 (Seal and Notarial Acknowledgement of Surety ._. Glendale CA 91203 TelePhunc;: (S 1 S 9-55- S d CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT State of California County of 0111uge on NOV 2 5 2014 before me, K. Luu, Notary Public owe Here UWW Nam iiRTMol Ile personally appeared Heather Saltarelli Nam{6)of awat6 who proved to me on the basis of saf9sfactory evidence to be the person($)whose name($) is/t+syt3 subscribed to the within instrument and acknowledged to me that Wsheffl6y executed the same in i41s/herlW&authorized K LUU capacity(t1#lf), and that by fther~signature(i) on the Commission # 1955906 instrument the person($), or the entity upon behalf of the which z acted,executed the instrument. a _=� • . -, Notary Pub Orange -California z person(s) z D z . 3. Orange County My Comm.Expires Nov 6,2015 l 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 seal. Ph.Nary s�AbM* Signature J�V81/0dure d Nance OPTIONAL. Though the lnformadon below is not required by taw,ll may pmw valuable to persons reyL►g on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Stgnees Name: O Individual ❑Individual ❑ Corporate Officer—Tltle(s}: O Corporate Officer—TNle(e): ❑ Partner—©Limited O General O Partner—❑ Limited O General IN Attorney In Fact O Attorney In Fact O Trustee TOR°t ""�'11efe O Trustee Top of thumb here ❑ Guardian or Conservator O Guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: 02WNr1' 'NO"AmodAM.-=SoIDP&&.P.4aBm24M-ChaWAwhCA 91313-M-wwwAWWnaWoWyzT ftnIM7 ReoNa;CdTol•FmIaDD. 7 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Pe r of Attorney Ilntits the acts of those named herein,and'they have no authority to bind the Gormpany except in the manner and to the extent herein stated. Certificate No,864aoi t American Fire and Casualty Company Liberty Mutual Insurance Company The hio'Casualty Insurance Company Wet American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESS That American Fire&Casualty Company and The thio Casualty Insurance Company are corporations duly organized under the laws of` the State of New Hampshire,,that Liberty Mutual Insurance Company is a corporation duty organized under the lam of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companie ),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, breather Salta Rhonda C,Abel all of the city ofg ort Peach ,state of CA each individually if there be more their one named,its true and lawful aftorney-in-fact to make,execute,seat,acknowledge and deliver,for and on its behalf as surety and as its ad and deed,any and all undertakings,bonds,renognizanists and other surety obligations,in 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. 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 lata day of Jud dot 4 American Fire and Casualty Company � The Ohio Casualty Insurance Company Liberty Mutual insurance Company , West American Insurance Company By 'C2 STATE OF PENNSYLVANIA ss David .C y,assistant Secretary its t COUNTY OF WNTGf3WRY � On this t soh day of July; o td, before personally appeared David M, Carey,who kno dged himself to be the Assistant Secretary of American Fire and Casualty Company,Liberty Mutual Insurance Company,The thio Casualty Insurance Company,and Westfidnerican Insurance Company,and that be.as such,being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a now authorized officer. o' IN WTNESS MEREOF I have hereunto sub",mynaffe and affixed my notarial seal at Plymouth hileeting Pennsylvania,on the day and year first above wriften, 00 " Jay: i I .' Teresa Pastella.Notary Public 4) 4 r. This Power of Attorney is made and executedR and Ity irithbrity of the following By4aws and lAutthonzaborts of American Fire and Casualty Company,The Chief Casualty Insurance r ai Company,Liberty,Mutual Insurance Conmpany, st A n Insurance Company which resolutions are now in fuk force and effect t re ling as follows: � ARTICLE IV-OFFICERS-section 12,Power oAttorney Arty officer or other official of the Corporation authorized for that purpose in writing by tate Chairman or the President„and subject to such limitation as the Chainman or the President may prescribe,shall appoint such tomeys•irr-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >s OS acknowledge and deliver as surety any and all undertakings,bonds,f nuances and other surety obligations. Such aftomeys-in-fact,sulbl ct to the Imitations set forth in their respective' powers of attorney,shall new full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the sealofthe Corporation. en so 0 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 attomey-in-fact under the provisions of this article may be revoked at any time by the Board,the Ghat n,the President or by the officer or officers granfing such power or authority. ARTICLE yJII-Execution of Contracts-SECTION S.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in wiffing by the chaimian orthe president, and subject to such limitations as the chaintion or the president may prescribe,shalt appoint such atlomeys4ri-fact,as may be necessaryto act in behalf of the Company to make,execute, seat,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-ln-ft subject to the limitations set form in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation=The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey Assistant Secretary to appoint such aftomeys-irt- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recograzances and other surety obligations. Authorization-By unanimous us consent of the Company°s Board of Directors,the Company consents that facsimile or nierharrically reproduced signature of any assistant secretary of tore Company,wherever appearing upon a wnfifted copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company Win the saine force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West Amemain insurance Company do hereby certify that the original power of attorney of which the<foregoing'is a full,true and correct copy of the Power of Adomey executed by said Companies,is in full force and effect and has not been revoked. NOV 2 5 2014 IN TESTIMONY ERE F',I have hereunto set my hand and affixed the seats of said Companies this day of 2n y. Gregory W,Davenport.Assistant Secretary LMSL_12873122013 374 of 1000