HomeMy WebLinkAboutContracts & Agreements_100-2016 PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 17'1' day of May,
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 Clean Cut Landscape, hereinafter
("Contractor"). City and Contractor are sometimes individually referred to herein as a. "Party" and,,
together, as the "Pat-ties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following- Redlands Entry Landscape Beautification Project, Complete, as required by the
Contract Documents (as herein defined) and Specifications for City's Entry Landscape
Beautification Project, Project Number 41055 (the "Work"),
2, CONTRACT SUM: City shall pay Contractor the SUrn of One Million, Three Hundred Sixty
Thousand, Four Hundred Sixty Three Dollars and Ninety Cents ($1,360,463.90) 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 required to be
withheld by City Pursuant to an escrow agreement as set forth in Public Contract Code section
22300.
3. TIME FOR COMPLETION, The Work shall be completed within ninety (90) calendar days
from and after the date of the delivery to Contractor of the 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, ($500) for each
consecutive calendar day in excess of the specified time for completion of the work,
Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred
Dollars ($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 SLIM is liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Contractor if such delay
occurs,
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance,
Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto (collectively the "Conti-act Documents").
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: Any clairns by Contractor in the alTIOUnt of
Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor
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and processed by the City pursuant to the provisions of fart 3, Chapter 1, Article 1.5 of the Public
Contracts Code (commencing with Section 20104). All claims shall be in writing and include the
documents necessary to substantiate the claim. Nothing in Public Contracts Code Section 20104.2
shall extend the time limit or supersede the notice requirements provided for the filing of claims by
Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections 1777.1
and/or 1777.7, and certify that they are not debarred and are eligible to perform the Work.
9. ASSIGNMENT OF AGREEMENT: No assignment by Contractor of any rights or interests
under this Contract shall be binding on the City without the prior written consent of the City.
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.
IAcaldjmlAgreements\Clean Cut Landscape-Gateway Project 5,17.16.doc
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
City of Redlands
(SEAL)
By,
Paul W. Foster, Mayor
ATTEST:
C--Ir in, C
ATTEST:
Sari rk
Sam win, C1
(SEAL)
Clean Cut Landscape
By:_ I--k,)
Signature of Authorized Agent
6-1
()uunf.&"..
Tille
Signature of Authorized Agent(if necessary)
'title
-722-00;2-
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: Redlands Entry Landscape Beautification Project
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 by one
or more insurers 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 becorne due to his or her employees.
CHECK ONE
V I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' 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 and activities required or permitted Linder this
Agreement. (Labor Code §1861).
I affirm that at all tirnes, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that I
becorne subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self-insure, or a certification of workers' compensation
insurance.
I certify Linder penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Dated this-±Etb day of 2016.
('Ld—
(Contractor)
(Signature)
(Official Title)
(SEAL)
(Labor Code Section 1.861 provides that the above certificate must be signed and filed by the Contractor with the
Owner prior to performing the work of the contract.)
1:\ca\d.iin\AgreeiTientslClcaii Cut Landscape-Gateway Project 5.17.16.(Ioc
Bond# 12129010
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Clean Cut Construction
(hereinafter designated as "Principal") have entered into an agreement dated May 17th, 2016,
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as Redlands Landscape Entry Beautification Project
and is hereby referred to and made a part hereof; and
L faithful
said Principal is required under the terms of the Agreement tofurnisha bond for
The Guarantee Company of fat ful us performance of the Agreement, now, therefore, we, ,ut tie Principal and
a �mr[ U are held and firmly bound unto the City in the penal sum of
One Million,Three H2indred ixty Thousand, bur Hundred Sixty Three Dollars and Ninety Cenf 1,360,463.90
Dollars ($ 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:
I. 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 Agreement price, but not exceeding, including other
1;1ca\djmlAgreements\C1ean Cut Landscape-Gateway Project 5.17.16.doc
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 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 May 17 2016
Clean Cut Landscape (SEAL) (SEAL)
The Guarantee Company of North America USA
(Contractor) Z11-2., (Surety
BY
z _�` �
( ( )BignatureDenis GyLo"6x�qnature
IezVA,4ttorne'y,,t
h"'. �a
Address: 1800 Sutter Street,Suite 880
Concord,CA 94520
(Seal and Notarial Acknowledgment of Telephone ( 925 ) 566-6042
Surety)
1:\caNdjrn\Agtccments\C1ean Cut Landscape-Gateway Project 5.1 7.16.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 118,9
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 validlity of that document.
State of California
ss
County of Fresno
0n at 7 before me, Lyn Genito, Notary Public, personally appeared
Bonnie Gonzalez who proved to me on the basis of satisfactory evidence to be the
personk4 whose named isia-r-e subscribed to the within instrument and acknowledged to me
that 4e/she/t4" executed the same in /her/Ow4 authorized capacity4es4, and that by
Ws/her/ signatureksl on the instrument the personks4, or the entity upon behalf of which
the person(s4 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.
WITNESS my hand and official seal.
LYN GEW M
fl 20942K,
(;ommisslon,
Fresno Dount,,,r
comm.Fx0veshnl Signature:
(Seal) Lyn Genito, Notary Pu ac
----------
CALIFORNIA NOTARY ACKNOWLEDGMENT
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 FRESNO _I ss.
On - May 17, 2016 before me, Mai Lee Vane , Notary Public, personally appeared
Karry Wendel 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 signatures(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.
WITNESS my hand and official seat.
M A I U!:L G
M. #2006296
i(ftrY Pubfic-Calftnlw
FRESNO COUNTY
Signature
Bond# 12129010
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Clean Cut Construction
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 May 17'h, 2016, and identified as Redlands Entry Landscape Beautification Project is hereby referred
to and 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,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
Dollars (il,360,463.90 ) 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 May 17 2016
(SEAL) (SEAL)
Clean Cut Landscape The Guarantee Company of North America USA
(Contractor) (Surety)
61
(Signature) (Signature) Ponnie Goni6lez Atto_r_#Jn act
Address:
1800 Sutter Street, Suite 880
Concord, CA 94520
(Seat and Notarial Acknowledgment of Telephone(925) 566-6042
Surety)
1;\ca\djm\Agreements\C1ean Cut Landscape-Gateway Project 5.17.1 6.doc
* One Million, Three Hundred Sixty Thousand, Four Hundred Sixty Three Dollars and Ninety Cents
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
ss
County of Fresno
On I before me, Lyn �Genito, Notary Public personally appeared
f .41L
Bonnie Gonzalez who proved to me on the basis of satisfactory evidence to be the
person{s4 whose names} is,/-aye subscribed to the within instrument and acknowledged to me
that 44e/she/#+,-y executed the same in 4i-5/her/#w# authorized capacitykk-S4, and that by
44-5/her/thQ#—signatureon the instrument the personk4, or the entity upon behalf of which
the person 44 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.
WITNESS my hand and official seal.
LYN GEM 10
o 2MO3
tmary PubHc-
comm EypreS JM
Signatuire:
(Seal) Lyn Genito, Nlary t%"I'lic
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verities only the identify of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that docurnent,
State of California
County of FRESNO—1 ss.
On May 17, 2016 before me, Mai Lee Van g , Notary Public, personally appeared
Karry Wendel 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 signatures(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.
WITNESS my hand and official seat,
MAI UEE VANG
r
.
TTY16�"Y�P_
#2006296 rn
olary Pubiio_carjbmja w
FRESNO COUN-ry :1,
Camn,EX FES
Signature
(sQ."d)
THE The Guarantee Company of North America USA
IWGUARANTEE Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Steven P. Edwards. Cody Lyman,Lyn Genito,Bonnie Gonzalez
Alliant Insurance Services, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds 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 execution of such instrurrent(s) in pursuance of these presents, shali be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA 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.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Lawns
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315`day of December.2003
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1 To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time, any such Attorney-in-fact and revoke the authority given,except as provided below
3 In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety
company of any of its obligations under its bond
4 In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at leas;thirty(30)days prior to the modification or revocation
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a sheeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt.
RESOLVED that the signature of any authorized officer and the Seal of the Company may be affixed by facsimile 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 and seal when so used shall have the same force and effect as though manually affixed
o +r=_goy IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
yits corporate seal to be affixed by its authorized officer,this 23rd day of February,2012
OP � THE GUARANTEE COMPANY OF NORTH AMERICA USA
p� s
moo'•H AIAs`t�CP �'//��/(/^`�
STATE OF MICHIGAN Stephen C. Ruschak,Sr.Vice President,COO Randall Musselman,Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA;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
Cynthia R. Takai IN WITNESS WHEREOF, l have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
a" County of Oakland _
10 zMy Commission Expires February 27, 2418 �r�{���jf /
�_'-'✓ter
Acting in Oakland County
I,Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full farce and effect
�.,R= ,O" IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this I1_� day ofmray
{
A �i
o "µ yr Randall Musselman,Secretary