HomeMy WebLinkAboutContracts & Agreements_73-2016 PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 19th day of
A til, 2016, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and St. George Groupe,
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: 2016 REVENUE OFFICE ADA REHABILITATION PROJECT, complete all
items as required by the Contract Documents (as herein defined) and Specifications for City's
2016 REVENUE OFFICE ADA REHABILITATION PROJECT, Project Number: 43061.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $47,683.00 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 60 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.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement tile day and year first
written above.
City of Redlands
(SEAL) (Owner)
L4
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
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ty City Clerk, City of Redlands
County of San Bernardino, California (SEAL)
Name of ^ o-hTfdcfof,,
By: t
.................
Signature of Authorized Agent
S
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
2016 REVENUE OFFICE ADA REHABILITATION
PROJECT,
Project Number: 43061
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 frorn 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 performance of the work of this contract. (Labor Code section 186 1)
Dated this 2-�Jt— day of 2016.
4, Z5Z
(Z 6hu,ctor)
(Signature)
(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.)
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BOND No.71779186
FAITHFUL PERFORIN LANCE 13ON13
Whereas, the City of Redlands ("C4y7). stale of California, and St. George Groupe dba St. George
(hereinafter designated as "Principal") have entered into an agreement dated llpr,i 11 .2016 Construction
("Agreement") whereby Principal agrees to install and complete certain public improvements
(the "Work"'), which said Agreement is identified as2016 Revenue Office ADA and is hereby
referred to and made a-part hereof; and Rehabilitation Project,Project No. 43061
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
WESTERN SURETY COMPANY s ur t,, gre held and fir3nly bound unto the City in the penal s-unz of
e and no ' Six an d Eighty Dollars (S 47,683.00 ]awful money of the
United States, for the payment of whiGh 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 abot•e bounded Principal, his or its
heirs; executors, administrators, successors or assigns, shall in all things stand to and abide bv.
and %yell 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�v-,orkrnanship.
and shall defend, indemni 'y and save harmless the City and its elected officials, officers, agents
and employees,as therein stipulated, then this obligation shall become null and void; other%%°ise it
shall be and remain in full fare; 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 lees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligations; all to be taxed as
costs and included in the judgx,ent rendered.
As a condition precedent to the satisfactory completion of the Agreement, the above
obligation shall hold Rood 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
damaue 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 alone obligation in penal sum
thereof shall remain in full force and effect, The obligations of Surery hereunder shall continue
so Ion-as any obligation of the Principal remains. l
When:ver the Principal shall be, and is declared by the City to be, in default under the
Agreement. the City-having performed the Cite 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 lo%vest responsive and responsible
bidder, arrange for a contract between such bidder and the City. and make available as workprogresses sufficient funds to pay- the cosi of completion of the V�ork less the balance of the
Agreement price, but not exceeding, including other costs and damages for which Surety may be
Cp 5
liable hcrQundcr. the arnount sct forth Fibt--)-vc. The term 'balanec,of'the Agyreen,wnt price." as used
in this paragraph shall nnean the. too ara ount. payable to T'llic PiIncipal by the City under the
A,�reemerlr and "111v modifications ther,-icj, jtss tht amotml previously properly pak! by 'the Cit
41 1 -Y
t,o the Principal.
Surety expres.-ON, aorees that the City may re z,-ct any conlractor or subcontractor which
may be proposed bp Surefin UT'llimerit of its obligzatiotis ii, the event of iiefauit bA, thQ
Principal
Sur t shall nor u--dfize the Principal in completinM- thL- )%,enlent rtot "shall Surely accept
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i bid from the Principal for completion ofthc ';Vork ifthe City, whtn dtclaring the PrInicipal in
del-cult, nofifi�s 511rer.Y of' the Citi'S OL�Jecllon to Oh� Principal's further participation in the
Completion ofthe Work-
No viuhLof action shall accruQ an the bond to or for the use of any person or corporation
other than tl�e City named herein or ihe successons-, or as,.-,igns of the Cit'', Any suit under this
bond nvust beinstiRtted vvirbin the applicable statute of linlitations period.
The said Surer,,.. lffir value rcceived- hereby stipuplate--s and zigrees that 110 changc,
txtl-nsion of tune, altexation or addition to the ter-ins of the A,,reemrat or Lo the vk-nark to be
perforate d tbercunder, or the 'Specifications accompanyma the same shall in any way, affect', its
oblig,ation.s oii this bond. and it does lr,rreby xvaive notice of any Such ohalizge7 �!\rQrls.,Lori of'
alteration or addition to the terms of the Agrecrrcnt or to, the work or to the sped�'�caLio,ns.
L- n the Cits and the Principal shall abridge the right of iny
'N'o final sertlerneitt bow,e
beneficiary hereunder%A,-hose claim may be urlsatiOied.
The Principal and Surcty agretthat ifs the City is required to engllagc the :service.: ofany
attorney In Connection with the ent-orcement of this bond. each shall pay flie City's reasonabie
aftorwvs' if -s incurred. with or without suit. in addition to the abQve stimi
In vv;hcreof. this instr-Lxrnent has been duly execuied bv the Principal and SLlrel%, above
named, on April 26 201 6-.
*RORRE
SEAL
(SEAL) If
St. S
Georg NVESTERN UUTY CONTIANY
,e Groupe dba St. Geon,e Construction
(Surety)
13
A ddress: 133 S.WabKish Ave., 41st 1,loor
al 1:E.'til Nnmri,,rI Acb-no"ledfgen 'S
Felephone. (605 )_605-336-0850
CD6
BOND No.71779186
LABOR AND MATERIAL: BOND
Whereas, the City Council of the City of Redlands, Mate of California, and
(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 _&,,i _ ?i}l and identified as
2016 Revenue Office ADA Rehabilitation Project,is hereby referred to and made a part hereof; and
ProjectNo. 43061
Whereas, under the terms of the agreement, Principe] is required before cornrnesiding
the performance of the Work, to rile 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
4550) of Part h of Division 4 of the Civil Cade of the State of California.
Now,therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the Cite and all contractors, subcontractors, laborers, inaterial nnen and other persons
employed in. the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of Rr�oen Tho�isanSt �x Hundred Dollars (547,683.00 }for materials
PP!,n
furnished or labor thereon �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
exceedin, 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 attoriieys' fees, incurred by the City in successfully e-nforcing such obligation, to be
awarded and fixer] 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 insisre to the benefit of
an), and all persons, companies and corporations Entitled to bile claims under Title a
(commencing with Section 9550) of Park 6 of Division 4 of the Civil Code, so as to give a right
of action to them oriheir assigns in arsy suit brought upon..this bond_
Should the condition of this bond be full- performed, thea this obligation shall
become null and void, otherwise it shall be and remain in full farce and effect.
The surety hereby stipulates and agrees that no change,. extension of time. alteration or
addition to the terms of the Aareement or the specifications accompanying the sante shat1 in any
manner affect its obligations on this bond, and it does hereby waive notice of any such chance;
extension of time, alteration or addition.
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In whos whw'C£,:`:.l ON ]Iald'U€sm has ;;emi duly cx; ':.'utcd bD thQ Principal and slv-,^ vy
above name,,l April 26 . 2016
OPORA�
AL
(SEAL)
St. George Groupe dba St. George C.onsdruc,tion WES`I TIL\ SURETY C0ii'yEPr N,,Y
_ R
(Signature) (S i g�n"-,�li I L We)
Address: 33313 Mbash yOve, r41st Floor
(Seat and `tf>C'ura31 AC,i ii(.axvlI4dgct cnc of Surety) t",hica�m.IL 60604w.
TeNphone: (605 3360950
ice,.D 8
Western Surety Company
PONVER OF ATTORNEY- CER.TIFIED COPY
Bond Vo. 71779186
Know All Men By These.Presents,that WESTERN SURETY COMPANY,a corporation duly or5anized and existing under the laws
of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make,
constitute and appoint JFNNI FER DIANE. REEVES
its true and lawful attorney(s)-in-Fact,with Lull power and authority hereby conferred,to execute,acknowledge and deliver for and on its
behalf as Surety,bonds for:
Principal: St. George Groupe dla St. George Construction
Obligee: City of Redlands
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with
the corporate sea]of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer, or any Vice President or by such other
officers as the Hoard of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of June 22
2016 but until such time shall be irrevocable and in full force and effect.
IpFAij VIE i f,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its
corizQe l'7b-b6--,A&this 26th day of Aoril 2016
WEST R SURE COMPANY
ST�PW'Qr..S0TJTa1LWWA Paul T. ruflat,Vice President
COC7N`�`�C fY.T���7A
On this """26th day of Apr i 1 in the year 2016 before me,a notary public,personally appeared
Paul T. Brutlat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
s J. MOHR 8
s 3 DtE NOTARY PUBLIC SEAT s U Notary Public-South Dakota
X SOUTH DAKOTA s
fyhrorogyroro5rororo�roroyrororororororo{
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 2 6th day of
April 2016
WEST R SURE Y GOVIPANY
Paul T. ruflat,Vice President
To validate bond authenticity,go to vsww.cnasurety.conc >Owner/Obligee Services>Validate Bond Coverage.
Forth F5306-1-2016
ALL-PURPOSE E . EN'S'
State of California
County of�._ Lias Angeles .
on before me, Nowel S. Milik
_.-........._........_......_.._., --., _.
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personally appeared . ' I ..i .� ' who proved to nye on the
basis of satisfactory evidence to be the persons) 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
p�erson(s), or the entity upon behalf of which the
NOWEL S, person(s)acted, executed the instrument..
Commission # 1984913
p Notary Public . Calf®rn;a zZI certify under PENALTY OF PERJURY under the
' Los Angeles County laws of the State of California that the foregoing
sky Comm. Expires Jul 13„2016
paragraph is true and correct..
WITH S my hand and�[Ti a s 1.
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PL.AC,NOI'.ARY SEAL IN ABOVE 5PACL
i OPTIONAL INFORMATION EWE=
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this,form to an unauthorized document.
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