HomeMy WebLinkAboutC-28181100 -40 /C -2818
DESIGN BUILD CONTRACT
BETWEEN
CITY OF ARCADIA
AND
TKE CONSTRUCTION INC.
Thi Design -Build Contract ( "Contract ") is made and entered into this 4h day of
2013, by and between the by and between the CITY OF ARCADIA ("City) and
TKE N RUCTION INC. (the "Design Build Entity "), for the purpose of designing and
constructing the MUSEUM EDUCATION CENTER (the "Project "). The City and the Design
Build Entity are herein collectively referred to as the "Parties."
RECITALS
A. The City desires to contract with a single entity for design and construction of the
Project, as set forth in this Contract.
B. The Design Build Entity was invited to respond to the City's Request for Proposal
( "RFP ") for the Project.
C. The Design Build Entity submitted a Proposal for the Project, which was selected
as providing the best -value for the Project, and is prepared to enter into this Contract.
AGREEMENT
In consideration of the above recitals and the mutual covenants and conditions set forth herein,
and for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:
I. Incorporation of Recitals. The above referenced recitals are true and correct and are
incorporated into this Contract by this reference.
2. Design Build Enti . The Design Build Entity consists of TKE CONSTRUCTION INC.
functioning as the designer /design team for the Project and providing architectural services, and
TKE CONSTRUCTION INC. as the general contractor for the project and providing all
construction services for the Project. For purposes of this Contract, a properly authorized
representative of Design Build Entity shall execute the Contract on its behalf, and shall have the
full authority to make all decisions necessary on behalf of the Design Build Entity
Notwithstanding the foregoing, the City may accept bonds provided from the member of the
Design Build Entity designated for construction services, and /or professional liability insurance
from the member of the Design Build Entity designated for design/architectural services.
3. Incorporation of Documents.
3.1 This Contract includes and hereby incorporates in full by reference the following
Contract Documents, including all exhibits, drawings, specifications and documents therein, and
attachments and addenda thereto:
24347.00600\7801407.I - I - DESIGN -BUILD CONTRACT
Request for Proposal ( "RFP ") and all exhibits, addenda, attachments and appendices
Design Build Entity Proposal in response to RFP dated April 18, 2013
Contract
General Conditions
Attachment 1 to this Contract - Cost of Extra Work
Attachment 2 to this Contract - Performance Bond
Attachment 3 to this Contract - Payment Bond
Attachment 4 to this Contract - Workers Compensation Certification
3.2 Acknowledgement of Contract Documents. The above documents constitute
and may hereinafter be referred to as the "Contract Documents_" In addition to signing this
Contract, the Design Build Entity shall review and execute where appropriate all the
Attachments to this Contract described above. Also, the Design Build Entity shall initial this
paragraph immediately below acknowledging that he or she has read, understood and agrees with
all of the terms of the Contract Documents, including, but not limited to, provisions of the
General Conditions relating to indemnification, insurance, standards of performance,
termination, compensation and time of the essence performance. the Design Build Entity shall
not disclaim knowledge of the meaning and effect of any term or provision of the Contract
Documents, and agrees to strictly abide by their meaning and intent. In the event that the Design
Build Entity fails to initial below, the City shall have the right to declare the Contract unexecuted
and to award the Contract to anoth;e J Design Build Entity in accordance with California law.
Design Build Entity's Initials
4. The Design Build Entity's Obligations.
4.1 Guaranteed Maximum Price. The Design Build Entity promises and agrees, at its
own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and
incidental and customary work necessary to fully and adequately complete the Project as
described in the Contract Documents (hereinafter the "Scope of Work "), for a Guaranteed
Maximum Price ( "GMP ") of Seven Hundred Ninety Seven Thousand Five Hundred Eighty
One Dollars and Zero Cents ($797,581.00) as stated in the Design Build Entity's Proposal
submitted in response to the RFP. Unless otherwise stated in the Contract Documents, the GMP
shall pay for all costs and expenses required to design and construct the Project.
24347.0060417801407.1 - 2 - DESIGN -BUILD CONTRACT
4.2 Extra Work. Extra Work shall have the meaning given to it in the General
Conditions. Extra Work shall be compensated at the rates set forth in Attachment 1 to this
Contract, and shall be initiated only upon written approval by the City as described in the
General Conditions.
4.3 Standard of Performance. The Design Build Entity's performance of the work set
forth in the Contract Documents shall at all times be performed in a skillful and competent
manner, consistent with the standards generally recognized as being employed by professionals
in the same discipline(s) in the State of California, and Design Build Entity shall be fully
responsible to City for any damages or delays to the Project caused by the Design Build Entity as
specified in the indemnification provision of this Contract. The Design Build Entity's
performance shall at all times be in conformance with the standards set forth in the Contract and
the General Conditions.
5. Period of Performance Liquidated Damages, and Performance Incentive.
5.1 The Design Build Entity guarantees that it shall perform and complete all work
necessary for Completion of the Project, as defined in the General Conditions, by the Guaranteed
Completion Date of April 1, 2014 ( "GCD ").
5.2 The Design Build Entity agrees that liquidated damages will apply in the amount
of $500 for each and every calendar day beyond the GCD that Final Completion of the Project
has not been achieved.
b. The City's Basic Obligation. The City agrees to engage and do hereby engage the
Design Build Entity as an independent contractor to furnish all materials and to perform all work
described in the Scope of Work for the Project according to the terms and conditions herein
contained for the GMP set forth above. Except as otherwise provided in the Contract, the City
shall pay to the Design Build Entity, as full consideration for the satisfactory performance by the
Design Build Entity of the services and obligations required by this Contract, the above
referenced compensation in accordance with compensation provisions set forth in the Contract.
7. Representatives.
7.1 City's Representative. The City hereby designates Tom Tait, Public Works
Services Director, as the person to act as its representative for the performance of this Contract
( "City's Representative "). The City's Representative shall be authorized to act as liaison between
City and the Design Build Entity in the administration of this Contract and all work on the
Project. The City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. City may designate new and/or different individuals to act as
City's Representative from time to time upon written notice to the Design Build Entity.
Design Build Entity's Representative. The Design Build Entity hereby designates Shawn Ryan,
or his designee, to act as its representative for the performance of this Contract ( "Design Build
Entity's Representative "). Design Build Entity's Representative shall have full authority to
represent and act on behalf of the Design Build Entity for all purposes under this Contract. The
Design Build Entity's Representative shall supervise and direct all work on the
24347.00600W801407.1 -3 - DESIGN -BUILD CONTRACT
Project, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions of the
work pursuant to this Contract.
8. Design Build Entity's Licensing The Design Build Entity shall have only appropriately
licensed contractors performing work on the Project as required by the Business and Professions
Code. The Design Build Entity hereby designates TKE CONSTRUCTION INC., Contractor's
License 976882 -B to act as the licensed general contractor for the Project. Design Build Entity's
general contractor shall perform all services required under the Contract Documents in a skillful
and competent manner, consistent with the standards generally recognized as being employed by
professionals qualified to perform such services in the same discipline in the State of California,
and the Design Build entity shall be fully responsible to the City for any damages and/or delays
to the Project as specified in the indemnification provisions of the Contract. Any change in the
general contractor shall be subject to the City's prior written approval, which approval shall not
be unreasonably withheld. The new general contractor shall be of at least equal competence as
the prior general contractor. In the event that City and Design Build Entity cannot agree as to the
substitution of a new general contractor, the City shall be entitled to terminate this Contract as
described in the General Conditions.
9. Design Build Entity's Design Professional of Record. The Design Build Entity shall
name a specific person to act as the Design Professional of Record as described in the General
Conditions, subject to the approval of the City. The Design Build Entity hereby designates TKE
CONSTRUCTION INC. to act as the Design Professional of Record for the Project. Design
Build Entity's Design Professional of Record shall perform all services required under the
Contract Documents in a skillful and competent manner, consistent with the standards generally
recognized as being employed by professionals qualified to perform such services in the same
discipline in the State of California, and the Design Build entity shall be fully responsible to the
City for any damages and/or delays to the Project as specified in the indemnification provisions
of the Contract. Any change in the Design Professional of Record shall be subject to the City's
prior written approval, which approval shall not be unreasonably withheld. The new Design
Professional of Record shall be of at least equal competence as the prior Design Professional of
Record. In the event that City and Design Build Entity cannot agree as to the substitution of a
new Design Professional of Record, the City shall be entitled to terminate this Contract as
described in the General Conditions.
10. Indemnif cation. To the fullest extent allowed by law, Design Build Entity agrees to
protect, save, defend and hold harmless, to the greatest extent provided by law, the City, its
governing council and each member thereof, their officers, agents and employees from any and
all claims, liabilities, reasonable expenses or damages of any nature, including reasonable
attorney's fees, for injury or death of any person, or damage to property, or interference with the
use of property arising out of the negligent acts, errors or omission, or willful misconduct by the
Design Build Entity, the Design Build Entity's agents, officers, employees, sub - consultants, or
independent consultants hired by the Design Build Entity to provide services pursuant to this
Contract. The only exception to the Design Build Entity's responsibility to protect, save, defend
and hold harmless the City, is where a claim, liability, expense or damage occurs due to the sole
negligence, willful misconduct or active negligence of the City. This hold harmless provision
shall apply to all liability, as provided for above, regardless of whether any insurance policies are
24347.00600%7801407.1 - 4 - DESIGN -BUILD CONTRACT
applicable. Insurance policy limits do not act as a limitation upon the amount of the
indemnification to be provided by the Design Build Entity. Notwithstanding the foregoing, to
the extent Design -Build Entity's Scope of Work is subject to Civil Code Section 2782.8, the
above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Design -Build Entity.
In claims against any person or entity indemnified under this provision, that are made by
an employee of the Design Build Entity or any Subcontractor, a person indirectly employed by
the Design Build Entity or any Subcontractor, or anyone for whose acts the Design Build Entity
or any Subcontractor may be liable, the indemnification obligation under this provision shall not
be limited by any limitation on amount or type of damages, compensation, or benefits payable by
or for Design Build Entity or any Subcontractor under workers' compensation acts, disability
benefit acts, or other employee benefit acts or any other insurance limitations. The
indemnification obligations under this provision shall not be limited by any assertion or finding
that the person or entity indemnified is liable by reason of a non delegable duty.
Joint and Several Liability shall apply to the Design Build Entity. In the event the Design
Build Entity and one or more than one other party is connected with an accident or occurrence
covered by this indemnification, then all such parties shall be jointly and severally responsible to
each of the Indemnitees for indemnification, and the ultimate responsibility among such
indemnifying parties for the loss and expense of any such indemnification shall be resolved
without jeopardy to any indemnitee listed herein.
11. The Design Build Entity's Labor Certification. The Design Build Entity maintains
that it is aware of the provisions of Section 3700 of the California Labor Code which require
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 agrees to comply with such
provisions before commencing the performance of all work described in the Scope of Work for
the Project. A certification form for this purpose is Attachment 10 to this Contract and
incorporated herein by reference, and shall be executed simultaneously with this Contract.
12. Successors. essors. The parties do for themselves, their heirs, executors, administrators,
successors, and assigns agree to the fall performance of all of the provisions contained in this
Contract. The Design Build Entity may not either voluntarily or by action of law, assign any
obligation assumed by the Design Build Entity hereunder without the prior written consent of the
City.
13. Notices. All notices hereunder and communications regarding interpretation of the terms
of the Contract or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
24347.0060017801407.1 - 5 - DESIGN -BUILD CONTRACT
To City..
City of Arcadia
Development Services Department
240 West Huntington Drive
Arcadia CA 91007
Attn: Tom Tait, Public Works Services
Director
To Design Build Entity:
TKE Construction, Inc.
2305 Chicago Avenue
Riverside, CA. 92507
Attn: Shawn Ryan, Principal
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of
the method of service.
14. Attachments. All Attachments referenced in this Contract are incorporated into the
Contract by this reference.
15. Amendments Changes and Modifications. This Contract may not be amended,
changed, modified, altered or terminated without the written agreement of both Parties hereto.
16. Execution in Counterparts. This Contract may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
17. Applicable Law. This Contract shall be governed by and construed in accordance with
the laws of the State of California, and venue in the County of Los Angeles.
18. Captions. The captions or headings in this Contract are for convenience only and in no
way define, limit or describe the scope or intent of any provisions or Sections of this Contract.
19. Prior Agreements. This Contract contains all of the agreements of the Parties hereto
with respect to any matter covered or mentioned in this Contract and no prior agreements or
understanding pertaining to any such matter shall be effective for any purpose.
20. Further Assurances. Parties shall promptly execute and deliver all documents and
instruments reasonably requested to give effect to the provisions of this Contract.
21. Recitals Incorporated. The Recitals set forth at the beginning of this Contract are
hereby incorporated into its terms and provisions by this reference.
22. Time of the Essence. Time is of the essence with respect to each of the terms,
covenants, and conditions of this Contract.
23. Authority of Signatories. The persons executing this Contract on behalf of their
respective Parties represent and warrant that they have the authority to do so under law and from
their respective Parties.
24347.ao600%7801407.1 - 6 - DESIGN -BUILD CONTRACT
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their
respective officers who are duly authorized, as of the Effective Date set forth above.
TKE CONSTRUCTION, INC.
By:
Name
Title
By:
Name
Title
Tax J.D. Number:
Number
Contractor's License:
Number X76- 8 b z
Class
CITY OF ARCADIA
By:
Domin�Lazziar�Manager
Date
Attest:
By; 4Cile,
Approved as to Form:
t
By. 944--:�V� P. ba"
Stephen P. Deitsch, City Attorney
2434T006M7801407_1 - 7 - DESIGN -BUILD CONTRACT
ATTACHMENT 1
HOURLY RATE SCHEDULE FOR EXTRA WORK
See attached
24347.00600\7801407.1 - 8 - HOURLY RATE SCHEDULE
FOR EXTRA WORK
TKE
RATE SCHEDULE
2012 -2013
Project Manager/ Licensed Surveyor ............................ ...............................
Senior Engineer /Project Engineer (PE) /Architect/Landscape Architect/
Senior Plan Checker ................................................... ...............................
Associate Engineer /Architect/Landscape Architect ....... ...............................
Assistant Engineer /Architect/Landscape Architect/Plan Checker ..................
AutoCADTechnician .................................................. ...............................
Engineering Technician .............................................. ...............................
Clerical.................. .................................................. ...............................
Forensic Engineering .................................................. ...............................
Expert Witness Testimony ......................................... ...............................
SURVEYING SERVICES
2 -Man Survey Crew (Standard Wage) ...................... ...............................
2 -Man Survey Crew (Prevailing Wage) ..................... ...............................
CONSTRUCTION SERVICES
ConstructionManager ................................................ ...............................
ProjectManager ........................................................ ...............................
ProjectEngineer ....................................................... ...............................
Project Superintendent .............................................. ...............................
Construction Observation .......................................... ...............................
Construction Inspector (Standard Wage) .................... ...............................
Construction Inspector (Prevailing Wage) .................... ...............................
Car/Truck for Construction Services Personnel ........... ...............................
REIMBURSABLE COSTS
HOURLY
RATE
$130.00
$110.00
$100.00
$ 90.00
$ 90.00
$ 50.00
$ 55.00
$150.00
$250.00
$190.00
$210.00
$120.00
$100.00
$ 80.00
$ 80.00
$ 85.00
$ 85.00
$ 95.00
$ 60.00 /Day
In -house Reproduction .............................................. ............................... Cost
Printing and Materials ................................................ ............................... Cost + 10%
Express Mail /Courier /Next Day Service ....................... ............................... Cost + 10%
Special Subconsultant Services ................................. ............................... Cost + 10%
Revised Jan 2012
FINAL C0NTR,��CT AMOL!NT3 x"41`''.,
EXCEED THE ORIGINAL CO�FrP. -ACaT
AMOUNT WILL RE CFP�RGE D Ate,
ADDITIONAL PREMIUh,I. INCOIDE
THESE. PREN71U1%1 CHARGES IN
YOUR CHANGE ORDERS.
ATTACHMENT 2
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
Executed in Duplicate
Bond No. P131 1509600839
THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City ") has awarded to TKE
CONSTRUCTION, INC., (hereinafter referred to as the "Contractor ") an agreement for
MUSEUM EDUCATION CENTER DESIGN /BUILD PROJECT (hereinafter referred to as the
"Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated �& 2013, (hereinafter referred to as "Contract
Documents "), the terms and conditions of whi h arc expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, TKE CONSTRUCTION ANC., the undersigned Contractor and
Philadelphia IndernnRy Insurance Company as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of
Seven Hundred Ninety -Seven Thousand Five Hundred Ei ht -One DOLLARS
and 001100 CENTS ($ 797,581.00 _), said sum
being not less than one hundred percent (100 %) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, 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 agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the
Contract Documents, the one -year guarantee of all materials and workmanship; and shall
indemnify and save harmless the City, its officers and agents, as stipulated in said Contract
Documents, then this obligation shall become null and void; otherwise it shall be and remain in
full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above described guarantee obligation
shall hold good for a period of one (1) year after the acceptance of the work by City, during
which time Contractor shall make full, complete, and satisfactory repair and replacements and
totally protect the City from loss or damage resulting from or caused by defective materials or
faulty workmanship.
I24347M600t7801407.1 - 9 - PERFORMANCE BOND
In addition, the obligations of Surety hereunder shall continue so long as any obligation of
Contractor remains under the Contract or at law. Nothing herein shall limit the District's rights
or the Contractor or Surety's obligations under the Contract, law or equity, including, but not
limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The
term "balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract Documents and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California
law and mare available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term "balance of the
contract price " as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract Documents and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
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 Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of
the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder 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 Contract Documents
or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code.
Without limiting the foregoing, such changes, extensions of time and alterations or additions
shall include, but are not limited to, changes or alterations to the Contract Documents (including,
24347.00600N7801407,1 - to - PERFORMANCE BOND
without limitation, an increase in the total dollar amount of the Contract Documents), extensions
of time, or modifications of the time, terms, or conditions of payment to the Contractor.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 30th day of
July o 20 13
CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Principal, if a Corporation)
SURE, TV
(Seal of Surety)
TKE Construction Inc.
Name of Contractor /Principal (Type or Print)
Name (Signature)
Shawn M. Ryan
Name (Type or Print)
President
Title (Type or Print)
Philadelphia Indemnity Insurance Company
Name of Surety (Type or
G
Attorney -in -Fact
The rate of premium on this bond is$25.00i$15.00/$10.0oper thousand. TP6 total amount of premium
charges, $ 11,476.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Philadelphia Indemnity Insurance Company
231 St. Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004
(Name and Address of Agent or CCI Surety, Inc.
Representative for service of 1710 N. Douglas Dr., suite 110
process in California, if different Golden Valley, VIN 55422
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
Philadelphia Indemnity Insurance Company: (610) 617 -7900
CCI Surety, Inc.: 763 543 -6993
24347.00600%7801407.1 - 11 - PERFORMANCE BOND
ACKNOWLEDGMENT
Late of Califon
ounty of Z
before me,
(insert name and title of the officer)
ersonalty appeared
rho proved to me on the basis of satisfac ory evidence to be theersori(;f whose name is
4bschbed to the within instrument and acknowledged to me tha h� y
Wtheexecuted the same in
r instrument the
+s ��i d ap " einstrum nt
erson' or the entity u p beh alf of which the p on j acted, executed th
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
nraarar)h is true and correct.
CHRISTINA D. PHELPS
SS my hand and official seal. p m scin # 1976300
California
Riverside County
N4 Comm. Expires A4; 26, 2018
NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must
be attached hereto.
24347.0060OW8014071 - I2 - PERFORMANCE BOND
FINAL f7,O NTRACT ANIOUN = I -i
EXCEED THE ORi0NAL
AIViOUN € WILL BE CHARGED AN
ADDIT -NA! PRE.MIUhl. lNCL} DFF
T1-11 SE PREMIUM CHARGES IN
YOUR CHANGE ORDERS.
PAYMENT (MATERIAL & LABOR) BOND
ATTACHMENT 3
KNOW ALL MEN BY THESE PRESENTS That
Executed in Duplicate
Bond No, PB11509600839
WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or a
resolution passed June 4, 2013, has awarded to TKE CONSTRUCTION, INC. hereinafter
designated as the "Principal," a contract for the work described as follows. MUSEUM
EDUCATION CENTER DESIGN/BUILD PROJECT (the "project "); and
WHEREAS, the work to be performed by th Principal is more particularly set forth in the
Contract Documents for the Project dated Q 2013, (hereinafter referred to as "Contract
Documents "), the terms and conditions of whi fire expressly incorporated herein by reference;
and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract
Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any
materials, provisions, provender, equipment, or other supplies used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor done thereon of any
kind, or for amounts due under the Unemployment Insurance Code or for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of said Principal and its Subcontractors with respect to such work or labor,
the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and Philadelphia Indemnity Insurance Company
as Surety, are held and firmly bound
unto the City in the penal Sum of Seven Hundred Ninety -Seven Thousand Five Hundred Eighty -One
DOLLARS and 00/100 CENTS ($797,581.00 )
lawful money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the Contract Documents, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department or
Franchise Tax Board from the wages of employees of the contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and
labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein
above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred
by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
24347 , 00600\7801407.1 -13 - PAYMENT (MATERIAL & LABOR) BOND
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract (including the Contract Documents), plans,
specifications, or agreement pertaining or relating to any scheme or work of improvement herein
above described, or pertaining or relating to the furnishing of labor, materials, or equipment
therefore, nor by any change or modification of any terms of payment or extension of the time
for any payment pertaining or relating to any scheme or work of improvement herein above
described, nor by any rescission or attempted rescission or attempted rescission of the Contract
Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond
attempting to limit the right of recovery of claimants otherwise entitled to recover under any
such contract or agreement or under the bond, nor by any fraud practiced by any person other
than the claimant seeking to recover on the bond and that this bond be construed most strongly
against the Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit such bond has
been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned.
Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and
agreed that it shall provide all of the protections required by California Civil Code Sections 9550
through 9566, including the specific coverage protections required by Section 9554.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE]
24347,0060017801407. 1 -14- PAYMENT (MA'T'ERIAL & LABOR) BOND
rN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety above named, on the 30th day of July 2013 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative pursuant to authority of its governing body.
CONTRACTORIPRINCIPAL
(Corporate Seal of Contractor/ TKE Construction Inc.
Principal, if a Corporation) Name of Contractor /Principal (Type or Print)
[ : �.��..
! Name (Signature)
,4
Shawn M. Ryan
Name (Type or Print)
President
Title (Type or Print)
SURETY
(Seal of Surety) Philadelphia Indemnity Insurance
Name of Surety ,c S
Crawford, Attorney -in -Fact
0 2a347.00600W801407.1 - 15 - PAYMENT (MATERIAL & LABOR) BOND
ACKNOWLEDGMENT
of Califor 'a
lv of_ _ M��
n `, '-��J before me,�(�k�
(insert name and title of the officer)
)pally appeared N t y 1 I N Jl� t
proved to me on the basis of satisfacto evidence to be the��persori whose names i �
cribed to the within instrument and acknowled ed to me thair 9s� _" executed the same in
erAheir authorized capacity0@%), and that b >Wihe.rMeir signature(s),on the instrument the
)n *j, or the entity upon behalf of which the person�*y acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
iaragrai)h is true and correct.
TNESS my hand and official seal. CHRISTINA D_
Com Wasion # 197680D
Notary Polk • Caiitornis
Rivers* County
Comm. E raa AV 26, 2016
nature�)OS , ' (Seal)
NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must
be attached hereto.
24347,0060017801407.1 - 16 - PAYMENT (MATERIAL & LABOR) BOND
ATTACHMENT d
WORKERS COMPENSATION CERTIFICATION
ode section 3700 in relevant part provides:
'very employer except the State shall secure the payment of compensation in one or
the following ways:
a) By being insured against liability to pay compensation in one or more insurers duly
M to write compensation insurance in this State.
b) By securing from the Director of Industrial Relations a certificate of consent to self
insure, which may I- 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
employees.
I azn aware of the provisions of section 3700 of the Labor Code which require 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 of this contract.
NAME OF DESIGN BUILD ENTITY:
In accordance with Article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the
Labor Code, the above certificate must be signed and filed with the awarding body prior to
performing any work under this contract.
24347.00600%7E01407.1 - 17 - WORKERS COMPENSATION
CERTIFICATION
TITLE::.
DATE:
In accordance with Article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the
Labor Code, the above certificate must be signed and filed with the awarding body prior to
performing any work under this contract.
24347.00600%7E01407.1 - 17 - WORKERS COMPENSATION
CERTIFICATION
1386
* *� SBA ** *SBA * ** SEA * ** SBA * ** SBA ** *SBA ** *SBA ** *SBA ** *SBA ** *SBA * **
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St. Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004 -0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint; Michael Williams, Jeremy Crawford, William L Nemec, Andrea
J. Michael & Tanya Fukushima of C *C *I Surety, Inc. a Minnesota Corporation.
Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $2,500,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013.
c',,
(Seal) "
eb-�,�Clg
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this lei day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
rrxkm"LV ANIA
NOTARtALSEAL
DANELLE RDRATH, HataryPublc
[my Low lferw _.!_4hefp�neryCOU� b�
Canauiesion it2T,20ttl
Notary Public
residing at: Bala Cynwyd PA
(Notary Seal)
My commission cxpires: March 22, 2016
I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that
the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do
further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly
elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, r
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 3eday of f 20 .
Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
1927 .1 `r
Acknowledgment of Surety
State of Minnesota
County of Hennepin
On this 30th day of July 2013 before me personally appeared Jeremy Crawford who
acknowledged that he or she is the attorney in fact who is authorized to sign on behalf of
Philadel hia Indemnity Insurance Com an (surety company), the foregoing
instrument, and he thereupon duly acknowledged to me that he executed the same.
Nota ublic
�,:w,;2_r„�.'V• ✓',Y ... „✓�.r'v ,. ^, :,. M?:°vuu�V ✓'v fu'+.'+r,✓�R
t �Sk" ikv ^r,mmisFt[)il ξires in 3 , 2015
w.vx- �,,�nl�nrrrr+.�wv+r •,rv���.�nr