HomeMy WebLinkAboutContracts & Agreements_51-2011_CCv0001.pdf T''UTBLIC' WORK CONSTRUICTION CONTRACT
This Public Work Construction contract (`"Contract") mads and entered pato this 3rd day of May,201 1:
by and between the City of Redlands. a rriunicipal corporation organized and existing ander the laws of
the State of California. (hereinafter "City"), and, New f,egacy Corporation (hereinafter "Contractor").
C'itw and Contractor are sometimes individually= referred to herein as a "Party" and. toy) they, as the
-parties."
In consideration ofthe raautual promises contained herein. City and Contractor agree as f`ollowws:
I. SCOPE C1►Ej WORK: Contractor shall furnish all materials and perform all ofthe work for the:
followw3ina: construction ofthe Safe Routes to Schools, Cycle 5 Sidewalk and ADA Ramp
Improvement Project, Project;No. 31:025, complete all items as required by the Contract
Documents(as herein defined) and Specifications,
?. THE CC):`s`TRA(']' SUM: C"ity s,hal I pay Contractor the, Burn of$318.59 l.00 as consideration for
its performance ofthe Word in a accordance'ww`ith the terms arid conditions set forth in the Contract
Documents. Pursuant to Public Contract Code Section 22300. Contractor has the, option t
deposit securities with an escrow agent as as Substitute for retention of earnings requireme t to be
withheld by CitV pursuant to an escrow agreement as set forth in the Public Contract Code
Section 22300.
} TtME FOR COMPLETION: The Work shall be completed within Forty Five (45) work days
from and after the elate of the del wvea�y' to Contractor of as written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to c.on7plete the work within the time allowed
will result in damages being sustained by City. Such damages arra, and will continue:to be
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from agonies clue to Contractor; the sura of five Hundred Dollars ($500) for eaach,
consecutive calendar day in excess of the specified tinge for completion of Work:
Execution of the Contract shall constitt to agreement by C'itw and Contractor that Five flundred
Dollars ($500) per day is the estimated damage to City caused b the failure ofthe Contractor to
complete the::Work within the allowed time. Such sang is for liquidated damages and shall not be
construed as as puna 'tr , and rimy' lie deducted from payments dare Contractor If such delay occurs,
5. CONTRACT DOCUMENTS: This Contract t incluc es all of the Contract documents set fort]
herein, to wit: Notice Invitino Bids. Instructions to Bidders. C'ontractor`s Proposal_ Bid Bond,
Agreement, Perfornaalnce fond. Labor and Material bond. Plans. General Conditions. Special
Conditions. Special Provisions and Specifications. and any addenda thereto .
6. ATTORNEYS, 1<EES: In the event any legal action is commenced d tea enforce or interpret tile:
terms or conditions ofthe Contract documents. the prevailing Party in such action, in addition to
ariv costs and other relief., all be entitled to rec.cawei`its reasonable attorneys' te .s, iraclttcfina fees
fear use of in-house counsel by a Party.
7. RESC IT t,'PION (: F C'O S'i'R(,("]'ION C'I,AIMS Claairiis b) C"ontraa for iti the a i-i otarat of-
S375,000 or less shall be naaade by Contractor and processed by the City pursuant to the
C D-
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 Calilornia
Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible
to work on this pr(ject.
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 lmv or regulation shall be deerned 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 exec-rted this Agp-ecment the day,and year first written
above,
City of Redlands
(SEAL) (Owner)
By:
Mayor, City of Redlands, County of
San Bernardino, California
A"VTEST:
City C l&k. Cit'-,I o edlands
County of San Bernardino, California (SEAL)
�ewl
Name of Contractor
By:
Sign�m Authorized Agent
&I-of
Title
Signature of AuthorzeAggent (if necessary)
Title
Contractor's License No.
CD-3
WORKER'S KER'4 sClMPEl`vSA"E"ION [1""~I URAis;CECERTIMC°ATIO
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
Safe Routes to Schools, Cycle 5 Sidewalk and ADA Ramp
Improvement Project, Project No. 410
Labor Code, Section 3700,provides, in part thaat
"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 nacar°e 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 an individual employer, or as one employer in a group of employers which may be
given upon furnishing proof satisfactoryto the Director of Industrial Relations of ability to
self-insure and to pay any compensation'that may become clue to his or her employees.
I ani aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against
liability tear worker's compensation or to undertake self-insurance in accordance with the provisions of that Cade,and l
wi It comply with such provisions before commencing the performance of the work of this contract.(Labor Code section
1861)
Dated this � day,of ' : ,2011
(Contractor)
( izatur
(Official Title)
(SEAL)
(Labor Code Section 1801 provides that the above certificate must be signed and filed by the Contractor with the
Owner pricer to per t'Ornz ng the work of the contract.)
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Bald filet. : Q-SUE-21:171717
PERFORM,N,NCE BONN) Premium: 7,372.170
PMMUM Ono on
4•a-t$�D 4:'irr•t `t�Erj€a�;tl a.a�tl€e l`it=...�., �ar�r
i l dlands, Mate c,t s;.al'trssrita, rtrtcl lel _ taprae €t Corp;
lror`cinaflet designated as -Principal°`1 have unteted inttcs
hy Pritleip"I c rae r t< €tltall 111k� call€plete ce gain designated ated pul)[ii; i€nlaroverrteetf ,
March 16 20 11 and as Construction of FE
Rt If P, .f C_ cwt lrl.0LlUS,wC Vd'U, Vii, Project N 0, 4102.5 is i.€ereby referred to and made a part;
tCzt.r�t. ::ali<
Whereas. siaicl PrinCtlial is reiltairecl rider the terms of said a ee-ment to funlist a bored ic>r the
€tE,t S tttt of said prCrjert:
American Safety Casualty
prim p,x I nd �_. :�n��rrarace Cr�mt�a� ;
as surety, are held
rs4>is,,: that tee ity x ail t�tcls;F� r ist;r{#er t,. ll '`C'€t } in tti p sral attrtt ci T reeundr_ed pEighteen
thousand f :truzrdred,nine_.t `i &..mt�0-/"Oltol] rst 3� �59L.Op } 1���rfirl rrt�anev t� the
for ^ht3 pd%}"deet of which stun well i-nd truly to be t:C ado. we bind ours J vei, oa }�Ci _
iucc es-sorb,executors att adttitraistrgitoi,s,joilit.ly tract�evcnrlly, firmly by these present::
Fhe Q-..grtd tion(.f(his obligatirtrt is such that if the ttf:ove bounded P*ncipa], his lir ireass tierce, exert€terra;
ii €€ trtira u c cars 01 assigns, shLill in alt thing; stand to and abide lrv, acrd well and truly keep alio
i t Cti Lei � <c its, r ttditrntt_.Wid PrOvi-iio ns in t;te said agreement and'any°alteration thereof made as
s ,_lcd c„ his ,,)t th ii tinct, to be kelt and pci-fonued in the time and in the manner t4rcin
9Yt til respects according to their true i'l nt and meaiiing� and shall defend. indemnify and
ilol ilea , tilt- c , it t 1cc tr ti officials, Officers,irgents arid ctrtployees; as therein stipulated, then this
null and wide- OtherWisc it$1,311, be and remain in full force and effect.
obli ation srcwred hur by and in addition the free arra')utat specified therefore,there shall
hc ttreludLd casts and rearsonat c experIscs and fees, Including reasonable attomey's fcc,5 incurred by the
Cit- Lt.) :tri asst€fly enforcing;such obligation, all to be taxed.. as costs and included in any jtitl ,ment
ride cl.
The sr€rets' 1 c re bye stip€ilatee and agrCC5 tett€t no Change- Of tirrte, afttrrati€:tit or :additiotr to the
rr of fftc agreserr Ent,or to tine work to be perfea-,l d thereunder or the, specitieatie ns accompanying tits:..
hall in ata 'tt i c" affect it,,; obligaLiorrs on this �)on l,, and it does hereby waive notice cif n sn,--jj
�Jtaa€lge, evc,11sion of titrtr, alteration €ar addition to tile terms (rf tela Agreculellt c.r€° to fi r wvrt`k sus ta^ tlx
s veQ:aptctitiOtis
a; -�t iw ss w ire.reof� til as iitstruiltettt itas leen duly executed by the Principal and surety° ah�yr X- rrarife i,
April ,217 21)1 t
N ew,,.w.Lm f--.gac._ _y-_ a _ Atner ! n m 4fet Asua
(Cont fsurety)
r tit_l U lt.f
r
l i rak tt r ;)
Elf.sabetwe Salazar, Attorneys-in-Facts
-kddress L8,0 Q u M7gQ cy u _St
s An to CA 0026
vl Of elC`PllOnc 1 323 1 663-7814
tr D
CALIFORNIA LL- ROSE ACKNOWLEDGMENT''
State of Cakfornia
O 6 s A -ril 20, 2011 before rne. ....M,, Rodri ,_ ,a
•'`< ... ti.:vt�,.c�zN.�nrbt netsY�rtke. C,&a�,eAtr'�rr:S•a. .. ,_._ .._.
�:,ersonaHy appeared
who proved to me on the basis of satisfactory evidence to
be the person(l ) whose name( is/ tub crrfied R-) the
within instrument and acknowledged to the that
he/sh(,'-/th44y executed the same it hWher/04c4r authorized
c pac ty(` , , and that by 44e/her/144eif siqnature(s) on the
instrument the per on( , or the entity upon behalf of
which the per on( j acted, executed the instrument,
M,w=3AN
I certify under PENALTY til" PERJURY tinder the laws
`N r �'Pcif the trate of aliforni that tate foregoing paragraph ittCC
trrae tnd correct.
t�tfyCTtt.E
I'fN my hand and official seal.
;aintture. 21
. .�_� �: ...
_...
sr,.,"o=.¢iR�, .r€ ,f>a.+,�• ^�yrr.�r�aa r=1.5~ltai�.tV&§ada#.a• ✓'
OPTIONAL �`•'-�
?t ase;try the: ulformatr(N)s:PE3'fC'lw€s r€ot leotttYed by ft.w, �t,may wove valuable to petsc7r)s rely fl?g on the dot.'t#e73eal
,till or'niia fF,`6'aeni rrauffulf.nt rorrb(,vii d3ud reatpiohrnor? r or tf"lis tour)to another Clocatrie"t,
Description of Attached Document
Tale c"rr Type. of Doc..umprrt
Doc--,urrre m DateN(Arnber of Pages. �..._...
0Hhol Than Narnod Above,
Capacity(ies) Claimed by Signer(s)
'Sia's-r _ Trraer s N arno:
individual
)ifi.¢r Tif e(s " C;e r,orale Officer - Tltfe(s)
P,1-ner rgele d General � � � ., Partner ... UrrarteA General � ��
Atlol nov asr er-t Attorney in Fact e
Trustee
or r.La°lser'v""'Ito7 'Guardian or C �.
C)t s���r V<.al(rr
s
do„r ii. Fi pi se.,sr,rny: Signer Is Representing,
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"ta r.., t,t,ry .ant r.,,E C7•> 4 s�, t„ xi!„ rr�at.:>t a:at .A www No.x mrjo� <fsy �plefn(*a (�.i T011r 0M,^1 WM t.,t,+x•32
Bond No.:20-SUR-211700
Premium included in
1,,ABOR, ANA) M.81"ERIAt, BOND Performance Bond
W'berca's'thc City Colincil of the Of v of Rctilan6s. St tt,of Cali foruia. and New Legacy Development Corp.
_(Ikereinalter designated a,, "frit have
n I tercol into aa agreenient whereby ptin to install aild cornplete certain designated laitllic,
aVfiicbsaid agreement, dater] ,._Marc.h and identified as SAFE
ROUFES TO CYC,'I,.,E 5, Project No, 41025 is hl-reby refer-ted to And juade a pan,
V 14
,esrns 0 "w
'nt" "I"or V" +o the I g'4:aod and slifficier.'t payment borld with tlic City ot'Rc"Alallds to secure the claims to
'2 of'Pav�4 of'Division 3 of the
" —j `xjunmen6ag with Scetion 308
131 Mr, 13 tl;,
-)Je o�r thA. 'f3tate�'-A a11011110.
- ite survtv, are: held firmly bound, unw, the
'40W, therefom �a"-'J Pmj(,,paj tajd tlic, un�lerNj�-,i&d as col,or.
If'R.,,d'�112( isell cft 1"'Atrs, su c'111trt o'rslaborers, material met' at
-0ler person's ernployed
m flACt f1Crf0TUlauCe of the afor,said agreement,and teferrcd to in the aforesaid Code of Civil Procedure in
Dollars
3'1X3�t Ofjjr Inaterials fin-jilsbed or labor
•
mrance 'Ael with respect to mlob
.$a an-v kind, t)r for amounis du(� undcr the Unemployment Ins
""r labr'that "i'llid qui-etv will pay the same in an aniount nox e%ceedhig the amount bereinabove set
in s.i.o; suit brought upon this bord, will pay, in addition to the face attloill't thete-of,
":!d "V'IS01a3'tfle expenses and fees, t:ncluding easonable atto
rney s fees, incurred by the City of
iucb obligation, vi be awarded and fixed bv the court, and it)he taxed
as w(?st'and to be ui,!uded in tore j udgment therein re 1 idered,
*Three hundred eighteen thousand, five hundred ninety one & 00/100
It is horcby t'xprtssly stipulilted and agrocd thattills bond shall insute to tli(. benefit of any, arid all
persons, compatue-s and corporations entitled to file claims under 'Fitit; 15 (conitriencing with Sectic",
3082) of Part 4 of Division '.1 of tlitn Civil Code., so as to give as figin of action to tilera or their assigns in
any s
.uit!)Tougtit upon this braid.
`.•4,oLrid ilie. condition of this bond be intly perforaird, tilen this obligation shall becorne au)f and void,
it sluill be and icalaill ill Itill lorce and effect.
I lie surev., hereby stiptilates and agrees that no c,hajige, extension of'Lime, afteratioll 01� addition to the
I
t'rws of slid agTeenient or the slivC-ifications accornpanying, the sarne shall in any manner affect its
��r altr
' 'H.- F � n this 'oond, and ii docs lc�-eb�' waivello-tice of ally such-�;hange, eNti�n5joj)of ante, -ration
c"r additiorl,
it-, wittiess whercuti" this instrurrient Ilas beer, duly executed by tht,Principal andsurety above rtaa rcaaly 0if
April 20 20 11
(SEAL) S E A L.
New Legacy Develogil errt Cor American afety Casu ItyM lea
uXance, -mp may
OT-1 C'!0
C3 V
Elisabete Salazar, Attorney-in-Fact
Address:1800 McCollum St-
Los AN el"
I&t�ll"".nd'Nol'andj A,,,kiiow1cdgnv-nE c Saitty', Ilephome(393
CD-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
of Los,Angele
On April 20, 20111 before orae,,. .. Vit....„S. odr*.gu
aha._ r :.:. b,l,i.c..
.. c .._:::.: .. ....... .� _.__...,_ ....w,
NAITr W;'I A 8qrum sa
who proved to me on the:basis of satisfactory evidence to
be the person(g) whose name( is/ate.subscribed to the
within instrument and acknowledged to me that
he/she/thoy executed the same inhereti=, r authorized
capacity( a ),, and that by her/tke4r signature(s) on the
instrument the person('); or the en ily upon behalf of
which;the person() acted; execrated the instrument.
° t certify render PENALTY OF PERJURY under the laws
of the estate of California that the foregoing paragraph is
` uf r . t r xt i true and correct_
WITNESS i my hand"and official sal.
Signature
a,
.o.o Ajr ,xa�r�,rr�rr,��.�iVr tiny r vlr7sr" ,
OPTIONAL
RSc.o"'!a the fnfc€rr alfon below is nol 7"r"quirr"'d bV tadw, it:rT7aY Prove w-ifijable to pc rsoos relvi 1{g. on the C�ol;'CI'Tf7G^nt
,ars€,could pre vent fra�€J�}€th-mit rerl ovill and r att;�Cr�ment of this form if)anoih(.-?t(jo =ent
Description of Attached Document
trrn°i er of Pages`
at,;o t#tt't i Dt;ta,: I t".f-i�Nafr€£'tf f",t3o`VE'9:.
ap ity(i ) Claimed by Signer(s)
c,r's to .:,e,, Sqneo Naono
lndivwduaa
€F�e.raalr,a fr cc:r dt9r:f )` _ C orprar,,-.ite Offic :r TMO_(s):
r r,
milted Gagner a _
, ,
��r,^..� gra. ���rtmwnf .. Lirr��tc�cd �� C��3strf�t
a°tear , a wwt •
r of• . Attorney it F=act « .,
;w. rear!
�se�c Trtjste t
t,rj, raaw° f.trt GWIrcfian of Gc)nservaator
otlwt.gr
ner .r,R?,apreserahta ! Signer r Is RepitrsentJn :..x 1
4
.. 4 .C,._;" .? .+� ✓" L T�e ,✓try .� l .'::��.
1 a„. .<rR . t.,x ti.art _.ft,<l.ora M, 11"'I "AMA r9 e it R .WTO; CAI idP est•S r++nr� a f�4...'
NITMRF.R
Ana
POWER OF ATTORNEY
KNCW ALL MEN BY THESE P'RESENT'S that American ;Safety Casualty Insurance Company has made, constituted and appointed, and by these
presents doara make,constitute:and a000ktts
Elisabe'te Salazar
its true and lawful attorney-m-tarot,for it and ft name, place,and stead to execute on behalf of the said Company, as surety,bends,undertalong and
contracts of suretyship to be given to
ALL C EUGEE5
provided that n bond or u ndertaidnp or contract of suretvablo executed under this authority shall eaaceed in amount the sum of
Three HLkndred t-ighwt7n Thousand Fi v:Hundred Nincry(.1nc Dollars(S318,51)1.00)
This Power of Attorney is granted and to"nod and sealed by fao sirrale under and by trio aiuthonly sof#face following Resolution adopted by the Board of
Directors of the Company of the d'day of August,2WO,
RESOLVED,that the President In conluriction with the Secretary or any Assistant Secretary may appoint a -tact or agents with auttnonty as
dotlned or 1mited in they instrument evidencing the appointment in each , for and on behalf of the Company,to exec tAs and deliver and aft the
seal of the Corripany to bands,undertakinp.rocognizances,and suratyship obligations of all dnds;and said officers may remove any such a oy in-
fact<or agent and revoke any power ofattorney previously granted to such person,
RESOLVED FURTHER,that any bond,und"Iding,rocagnizarrice,>or suretyship oti(Vatiorn shall be valid and binding upon the company when:
(I)when signed by the President or arty Vice-Fntsidarat and attested and sealed (if a seal is required)by any Secretary or Assistant Seer or(0)
when signed by the President or any Vice-Prosident or Secretary or Assistant Secretary,and counter-signed and sealed(if a sal is required)try a duty
authorized omayan-fact or agent;or{iQ when duty exec;ted and sealed(If a seat is required)by one or more attorney-in-fact or agents pursuant to
and within thea limns of the authority evidenced by power of attorney issued by One Company to such pennon or persons.
RESct LVEtt FURTHER,that the signature of any authorized officer and the seat of the Company may be affixed by facsimile to any power of attorney
or ciortification t1nereof outhrxi the exacwtion and delivery of any bond,undeartaidrig,reeaognizance,or miner suretyship obl"hor a of the Company,
and such sigtwuro and seal when so used shall have the same force,and effects as though manually affixed.
IN WITNESS WMEREOF,American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed,and these presents to be
signed by Its President and attested by Its Secretary this if day of August.2009
} y
f�,"
Amtnu)Jain r `. Jomph f}_ Jr.
1St r4>
STATE OF GEORGIA
COUNTY OF COSS
On this,6k day of August,2009,before me persainally came Josef h D.Scold,Jr,to me known,who,being by me duty swam,did depose and say that
he Is the President of American Sefeety Casualty Insurance Company,the corporation described in and which executed the above srlstru ;that he
knows the seat of the held corporation:that the veal affixed to the said instrunwryt is such corporate seal;that is was so affixed by order of the Board of
Directors of said corporation and that he signed his name thereto by like order.
JAMI 13AILEl' .
Notary Publlc,ball Co..CoA Iet i eatery Public
My Cexrrmission Expires Aug.13,2012
1,the undemigned,Secretary of Americari Safety Casualty insurance Camp",an Oidaahoma;corprration,DO HEREBY CERTIFY,that the foregoing
and attached#coo t of Attorney€emains in fadl force and has not been revoked;and re that the Resolution of the Board of Directors,sect forth
in the said Power of Attorney,is now an face.
20th
Signed and sealed in the City of Ailsnta,in the Stater of Dated this_- day of April —MIA
¢f
t
of l Ambui Jain
s
ORIGINALS OF THIS POWER A"rl`C`RUEY ARE PRINTED WITH RED NUMERICAL NUMBERS
DUPLICATES:SHALL HAVE THE SAME FORCE AND FFFEST AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUCT ION WITH THE ORIGINAL