HomeMy WebLinkAboutContracts & Agreements_116-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 19'hday of
July, 2012,by and between the City of Redlands, a municipal corporation organized and existing
under the laws of the State of California, (hereinafter "City"), and Munoz Construction
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:
I. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the following: 2012 Capital Improvement Program Water Pipeline Replacement
Project, complete all items as required by the Contract Documents(as herein defined) and
Specifications for City's 2012 CAPITAL IMPROVEMENT PROGRAM WATER
PIPELINE REPLACEMENT PROJECT, Project No. 71206.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$ 5,195,800.00 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 Three hundred
and thirty (330) 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 (S500) 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 (5500) 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.
CD I
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
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 Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By: (Ps -1
Mayor, City 4oRedlands, County of
San Bernardino, California
AT USU:
City Clerk, Ci of edlands
County of San Bernardino, California (SEAL.)
Name of ntract
By:
Signature of Authorized Agent
uuw
iL
s�
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
F
BOND No.024045027
PREMIUM:$48,621.00
PERFORMANCE BOND EXECUTED IN DUPLICATE
Whereas,the City Council of the City of Redlands,State of California,and MUNOZ
CONSTRUCTION CORPORATION �(h��reinafter designated as"Principal")have entered into
an agreement whereby Principal agrees to install and complete certain designated public improvements,
which said agreement,dated__ , 2012, and identified as Construction of 2012
CAPITAL 'IMPROVEMENT PROGRAM WATER PIPELINE REPLACEMENT
PROJECT,Project No.71206 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 FIRST NATIONAL INSURANCE OQ�TANY OF as surety, are held
firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sum of FIVE MILLION ONE HUNDRED
NINETY FIVE THOUSAND EIGHT HUNDRED & 00J1O_ Dollars($5,195,800.00 1 lawful money of the
livited. 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.
*AMT ERICA
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 mull and void;otherwise it shall be and remain in full force and of 6m
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
_ JULY IST 2012.
(SISAL) (SEAL) {
3
i
MUNOZ CONSTRUCTION TION CyORPORATION FIRST NATLONAI--dNSJJRANCE COMPANY OF AMERICA
(Cgtilractor) j° t ety�'�
r
t
i
(Signature) MICHAEL11 D. STONG(Sire) ATTORNE I'N-FACT
_ ' ,t. I
Address: 4850 ARLINGTON AVE.
RIVERSIDE. CA 92504
(Seal and Notatial Acknowledgment of Telephone(9 51 )-343-0182
S.mety)
A
}
S
CD 5
}If
1
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On Z— before me, R. NAPPI "NOTARY PUBLIC"
(Here insert came and title of the officer)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the persont(g�whose name(xf is/am subscribed to
the within instrument and acknowledged to me that he/she*iey executed the same in his/l:i�r authorized
capacit}t4e4 and that by hisllww thole signatureKon the instrument the personX, or the entity upon behalf of
which the person(Kacted, 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.
R. NAPPI
WITNESS my hand and official seal. COMM. #1977782
NOTARY PUBLIC•CALIRORft1A
RIVERSME COUNTY
MY Cor M Elio"June 7,2018
Signature of Notary Public (Notary Sea!)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknomvledgment completed in Calffornia must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknoevledgment form must be
property completed and attached to that document. The only exception is j a
document is to be recorded outside of California. In such instances.any alternative
(Tide or description of attached document) acknotvledgntent verbiage as may he printed on such a document so long as the
verbiage does not require rhe notary to do something dint is illegal for a norary in
Caliifibmia (ie. certifying the authort.ed capacity of the signer). Please check the
(Title or description of attached document continued) docrmtent carefully for proper notarial wording and anach this form ijrequired.
Number of Pages Document Date • State and County information must be the State and County where the document
signers)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the sigur(s)perscmW ly appeared which
._ must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must prim his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signers) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(ie.
❑ Individual(s) IWshdtkeyr is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary pu Nic must match the signature on file with the office of
the country clerk.
❑ Attorney-in-Fact } Additional informmion is not required but could help to ensure this
❑ Trustee(s) acknowledgmcnt is not misused or attached to a different document,
❑ Other -C- Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i e.CEO,CFO,secretary).
Securely,attach this document to the signed document
2008 Version CAPA v 12.10.07 800,-873-9865 www.NotarpCiasses.com
BOND No.024045027
PREMIUM INCLUDED IN PERFORMANCE
EXECUTED IN DUPLICATE
LABOR AND MATERIAL BOND
Whereas,the City Council of the City of Redlands, State of California,and MUNOZ
CONSTRUCTION CORPORATION _(hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to install and complete certain designated public
improvements,which said agreement,dated and identified as 2012
CAPITAL IMPROVEMENT PROGRAM WATER PIPELINE REPLACEMENT
PROJECT, Project No.71206 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 LIVE MILLION ONE HUNDRED*Dollars (x,195,800� -0 for materials or labor
9 furnished
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, *NINETY FIVE THOUSAND EIGHT HUNDRED
AND 00/100
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and alt
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, alterafion or addition to the
terms of said agreement or the specifications accompanying the same shall in any man= 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 Prin�,ipal and surety above named, on
JULY IST 2012.
(SEAL) (SEAL)
MUNOZ CONSTRUCTION CORPORATION FIRST N,VkT I AL I :RANGE COMPANY OF AMERICA
r BY.
Signaft") j MICHAEL Il. STONG (Signature) ATTORA&—IN—FACT
'WA-V-
'�4850 ARLINGTON
Address AVE.
-�—
RIVERSIDE CA: 2504
(Seel and Notarial Acknowledgment of Surety) Telephone 9 5
CD 6
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
r _
On before me, R. NAPPI "NOTARY PUBLIC"
(Here insert tame and title of the ofccr)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the person.(s' whose name(sf is/arc subscribed to
the within instrument and acknowledged to me that helshe,44tey executed the same in his/4efA4teir authorized
capacity(4a4 and that by hisfhagUak signatureKon the instrument the personX, or the entity upon behalf of
which the person(4acted, 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.
R. NAPPI
WITNESS my hand and official seal. COMM.#1977782
NOTARY PUBLIC•CALIFORNIA
RNERSIOE COUNTY
(Notary Seep My Comm Ex*"AM 7,2016
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Cal(fornia must contain verbiage exact4, as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment forst must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances.any alternative
(Title or description of attached 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 notary in
California(ie. certifying the audiori:ed capacin of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
Number of Pages Document Date • state and Com nffornation�mfmust ber e State and County
where the
document
finer{)personally appeared enotary Pub forgment
• Date of notarization must be the date that the signerts)personalh•appeared which
_ must also be the same date the acknowledgment is completed.
(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 your title(notary public).
• Print the mane(s)of document signer(s) who personally appear ut the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fomu by crossing off incorrect forms(i,e_
he/sheltke� is fere)or circling the correct forms.Failure to correctly indicate this
❑ Individual(s) information may lead to rejection of document recording
❑ Corporate Officer • The rotary seal impression must be clear and photographically reproducible.
Impression must not cover text or Iines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the rotary public must match the signature on File with the office of
the county clerk.
❑ Attorney-in-Fact .} Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document_
❑ Other Indicate tifle or type of attached document,number of pages and date.
Irithcate the capacity claimed b, the signer If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA%,12.10.07 800-873-4865 www.NolaryClasses-com
T14 I IS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5278138
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.
First National Insurance Company of America
General Insurance Company of America
Safeco Insurance Company of America
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That First National insurance Company of America,General Insurance Company of America,and Safeco Insurance Company of
America are corporations duty organized under the laws of the State of New Hampshire(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does
hereby name,constitute and appoint, RosEmw NAPPi,JEREMY PENDERGAST,MICHAEL D.STONG. ........................................................................................................................
...............-............................................................................................. ....... ................................................................ ..........
all of the city of RIVERSIDE ,state of cALir-ORMA each Individually If there be more than one named,its true and lawful attorneymin-factio make,execute,seal,acknowledge
and deliver,for and on its behalf as Surety and as its act and deed,any and all undertakings,bonds,recognizances 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 29th day of March 2012
:0 V.
First National Insurance Company of America
4
Z
1923SSSGeneral Insurance Company of America
Safeco Insurance Company of America
'6
4- Insurance
'ra
0 0
M By:
Gregory W.Davenport,Assistant Secretary
>
STATE OF WASHINGTON ss
Al e C All
COUNTY OF KING r-
cc cc= 0
Onthis 29th day of March 2012 before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of First National
'D ED
0) Insurance Company of America,General Insurance Company of America,and Safeco Insurance Company of America,and that he,as such,being authorized so to do,execute the .""M
2 foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0)W
E
>
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. 0 CL
Z
r
By: a) C
KD Riley,Notary'-Public M
1W E
0
This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, General LO)c2
*4- Insurance Company of America,and Safeco Insurance Company of America,which are now in full force and effect reading as follows:
0)U)
to 0 �8 C
0- 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 2'
;6 Is
O.S subject 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, :5
E - seal,acknowledge and deliver as Surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-W,subject to the limitations set forth in their 0)
16. 0)
respective powers of attorney,shall have full power to bind the Corporation by their signature and 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 aftomey-in-fact under the provisions of this article may be revoked at anytime by the Board,the 0!4
C'4
20 Chairman,the President or by the officer or officers granting such power or authority. "?
E r4
0 W.Davenport Assistant Secretary to appoint such ='m
I: Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory op
0 Z atlomeys4n-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,recognizances and CO
Z 0 other surety obligations. 0
o
I Authorization-By unanimous consent of the Comparry's Board of Directors,the Company consents that facsimile or mechanically reproduced Signature of any assistant secretary
of the Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surely bonds,shall be valid and biding upon
the Company with the same force and effect as.111hough manually affixed.
1,David M.Carey,the undersigned,Assistant Secretary,of First National Insurance Company of America,General Insurance Company of America,and Safeco Insurance Company of
America do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said
Companies,which 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 CKcOk3
34.
Z-1 A
B
y:
1023 3
V V David M,Carey,AssistantSecretary
OM
POA-FNICA,GICA&SICA
LIM8_1128740120112-3 Company