HomeMy WebLinkAboutContracts & Agreements_162-2015_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 3`d day of
August, 2015, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), TLC Landscape Services
Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein
as a"Party" and, together,as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the
following: FIRE STATION No. 261 WATER EFFICIENCY REHABILITATION, complete
all items as required by the Contract Documents (as herein defined) and Specifications for City's
FIRE STATION No. 261 WATER EFFICIENCY REHABILITATION, PROJECT No.
71259.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$35,839.65 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 30 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$500 for each consecutive calendar day
in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical 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.
CD l
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.
S. 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• ' -
City a e , City of Red ,
County of San Bernardino, California
ATTEST:
aQ�Z ZQ1�
120fu—ty- City Clerk, City of Redlands
County of San Bernardino, California (SEAL)
Name of Contractor
By: z
Signature of Authorized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Conti-act: City of Redlands
Municipal Utilities& Engineering Department
FIRE STATION No. 261 WATER EFFICIENCY
REHABILITATION,
PROJECT No. 71259
Labor Code, Section 3700, provides, in part that:
"Every employer except the State shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of employers which may
be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to
self-insure and to pay any compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the perforniance of the work of this contract. (Labor Code section 1861)
Dated this 16 day of k.—
(Contractor)
(Signature)
r
(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.)
CD4
BOND NUMBER:CDGP102355
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands("City"), State of California,and TLC Landscape Services
Inc. (hereinafter designated as "Principal")have entered into an agreement dated August 3,2015
("Agreement") whereby Principal agrees.to install and complete certain public improvements
(the "Work"), which said Agreement is identified as FIRE STATION No. 261 WATER
EFFICIENCY REHABILITATION, PROJECT No. 71259 and is hereby referred to and
made a part hereof, and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, now, therefore, we, the Principal and"
as Surety, are held and firmly bound unto the City in the penal sum of thirty five thousand eight
hundred thirty nine dollars and sixty five cents ($35,839.65) 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.
i
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 f
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 terms
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
CD 5
*State National insurance Company Inc.administered by.Contractor Managing General
Insurance Agency Inc.20335 Ventura Blvd.Suite 426 Woodland Hills CA 91364
liable hereunder, the amount set forth above. The term"balance of the Agreement price,"as used
in this paragraph, shall mean the total amount payable to the Principal by the City under the
Agreement and 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 from the Principal for completion of the Work if the City, when declaring the Principal in
default, notifies Surety of the City's objection 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 sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above
named,on August 14 , 2015.
(SEAL) State National Insurance Company Inc.administered by: (SEAL)
TLC LANDSCAPE SERVICES Contractor Managing General Insurance Agency Inc.
( o rac or) (Surety)
(Signature) (Signature) ep arne ope ear,
Address: 20335 Ventura Blvd.Suite 426 Attorney-in-Fact
(Seal and Notarial Acknowledgement of Surety) Woodland Hills CA 91364
Telephone: (866 ) 363-2642
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of LOS ANGELES )
On AUG 1 4 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared STEPHANIE HOPE SHEAR
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
EINRLEY GIGGLES of the State of California that the foregoing paragraph
Commission* 1987675 is true and correct.
Z .�� Notary Public-California WITNESS m hand a official %eall.
Z �' Los Angeles County
My CoMm.Expires Sep 7,2016..
Signatur
Signatt of N Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Bond No:CDGP1 02355 State National Insurance Company,Inc.Administered by: Premium: $1,075.00
CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC.
POWER OF ATTORNEY
KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under
the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint
Stephanie IIo a Shear
(individually,jointly,or seceralIy)
its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed:
Three Million and 00/100 Dollars($3,000,000
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by
law,statute,rule,regulation,contract or otherwise.
The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY,
INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image
to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other
writings obligatory in the nature thereof, and such signature, date, and seal when so used shall have the same force and effect as though manually
affixed.
This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY,INC.in a signed '
writing delivered to the foregoing Attorney-in-Fact.
IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has
caused this instrument to be signed and its corporate seal to be affixed by its authorized
officer,this 7th day of August,2015.
STATE NATIONAL INSURANCE COMPANY,INC.
/d
Terry L.Ledbetter, rest ent Trace be#ter,Secretary
STATE OF TEXAS
County of Tarrant
On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed
to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of
Directors of said Company.
IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written.
i
Cj
DEANA NOWELL
=�: '•�c Notary Public,State of Texas
[Notary Stamp) My Commission Expires Signature of Notary
;,;; `'' January 07, 20i8
1,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect.
IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company thisl4th day ofAuguSt 2015
ZLetter,Secretary
4
CDGP102355
LABOR AND MATERIAL BONI)
Whereas, the City Council of the City of Redlands, State of California, and TLC Landscape
Services Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement")
whereby Principal agrees to install and complete certain designated public improvements (the "Work"),
which said agreement, dated August 3, 2015, and identified as FIRE STATION No. 261 WATER
EFFICIENCY REHABILITATION, PROJECT No. 71259 is hereby referred to and made a part
hereof;and
Whereas, under the tennis 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
to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of
Division 4 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 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 sum of
thirty five thousand eight hundred thirty nine dollars and sixty five cents ($35,839.65) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face
amount thereof,costs and reasonable expenses and fees, including reasonable 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 judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 3 (commencing with Section 9550)
of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and
void,otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of 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 time, alteration
or addition,
In witness whereof, this instrument has been duly executed by the Principal and surety above named,
on August 14 ,2015.
(SEAL) State National Insurance Company Inc.administered by: (SEAL)
TLC LANDSCAPE SERVICES Contractor Ma aging General Insurance Agency Inc.
(Conti t Surety)
(Signature) (Signature) Stephanie Hope Shear,
Address: 20335 Ventura Blvd,Suite 426Attorney-in-Fact
(Seal and Notarial Acknowledgement of Surety) Woodland Hills CA 91364
Telephone: ( 866 ) X63-2642
CD 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of LOS ANGELES )
On AUG 1 4 2015 before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared STEPHANIE HOPE SHEAR
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
SHIRLEY GIGGLES
Commisslon # 1987675 WITNESS my hand an official seal.
z .=+► Notary Public-California Z
Los Angeles County
My Comm.Expires Sep 7,2Z 16+ Signat \\N, ,_
Signatu e f No Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Bond No:CDGPI02355 State National Insurance Company,Inc.Administered by: Premium: $1,075.00
CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC.
POWER OF ATTORNEY
KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY,INC. a corporation organized and existing under
the laws of the State of Texas,having its principal office in Bedford,Texas does hereby constitute and appoint
Ste hanie Hone Shear
(individually,jointly,or severally)
its true and lawful agent and attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds in an amount not to exceed;
Three Million and 00/100 Dollars($3,000,000
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by
law,statute,rule,regulation,contract or otherwise.
i
The acknowledgement and execution of bond by said Attorney-in-Fact,shall be as binding upon STATE NATIONAL INSURANCE COMPANY,
INC.as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by facsimile or other electronic image
to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other
writings obligatory in the nature thereof, and such signature,date,and seal when so used shall have the same force and effect as though manually !
affixed.
i
This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL,INSURANCE COMPANY,INC.in a signed
writing delivered to the foregoing Attorney-in-Fact.
IN WITNESS WHEREOF,STATE NATIONAL INSURANCE COMPANY,INC.has
caused this instrument to be signed and its corporate seal to be affixed by its authorized
officer,this 7th day of August,2015.
STATE NATIONAL INSURANCE COMPANY,INC.
STATE OF TEXAS _ - � .
Terry L.Ledbetter, rear ent TraceZbefte:r,:Secretary
County of Tarrant
On this 7th day of August,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY,INC.;that the seal affixed
to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of
Directors of said Company.
i
I
IN WITNESS WHEREOF,I have hereunto set my hand at Bedford,Texas the day and year above written.
EEDEANA`. HOWELL=Notary Public,Stare of Texas
itvt[Notary Stamp] --
y Commission ExpiresSig nature ofNatary
;; January 07, 2018
I,the undersigned,Secretary of STATE NATIONAL INSURANCE COMPANY,INC.,do hereby certify that the above and foregoing is a true and
correct copy of a Power ofAttomey executed by STATE NATIONAL INSURANCE COMPANY,INC.,which is still in full force and effect.
IN WITNESS WHEREOF,I have thereunto systematically set my hand and attested the seal of said Company this 4th day ofAugust 201
Trace Ledbetter,Secretary