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HomeMy WebLinkAboutContracts & Agreements_222-2016 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this Ist day of November, 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 Weber Water Resources CA, LLC (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: REES WELL REHABILITATION PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's REES WELL REHABILITATION PROJECT, Project No. 71271. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$203,753.00 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 70 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$1,000 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 $1,000 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 1 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, agreennents, 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 hei-eto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Own,er) By Mayor, City of Redlands, County of San Bemardino, California ATTEST: City Clerk, C1�y of Redlands County of San Bernardino, Califomi.a (SEAL) Name of Contractor By- Signature of Authorized Agent Pam, "I X Title Signature of Authorized Agent(if necessary) Title Conti-actor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department REES WELL REHABILITATION PROJECT Project No. 71271 Labor Code, Section 3700, provides, in part that: "'Every employer except the State sha.11 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 ani 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 1861) I Dated this day of s 016, Ltc, (Contractor) (Signature) GIX-Y,J) (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.) CD 4 Bond Number: 106547230 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City") State of California, and Weber Water Resources CA, LLC (hereinafter designated as "Principal") have entered into an areen3ent dated November 1, 2016, ("A-reement") whereby Principal agrees to install and complete certain public improvements (the `Work"), which said Agreement is identified as REES WELL REHABILITATION PROJECT, Project No. 71271 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to fiu-nish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City in the penal suis of Two Hundred Three Thousand Seven Hundred Fifty Three Dollars (S203,753.00) lawful money or the United States, for the payment of which stun 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 perfonn 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, indemtify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, thea this obligation shall become null and void- otherwise it shall be and remain in fill force and effect. ~ As a part of the obligation secured hereby and in addition to the face arnount 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 A_reement, the above obligation shall hold good for a period of one (1) year or longer if required, by the AgTeement after the acceptance of the work by the City, during which time if the Principal shall fail to make fitll, 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 zmaterials or faulty workmanship, the above obligation in penal suns 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 tivith its terms and conditions, and upon determination by Surety of the lowest responsive and responsible CD 5 bidder, arrange f-)[' a C0111raCt betWeen such bidder and the City", and make available as work PI-0,Yesses Sufficient fends to pay the cost Of c0l"Pletion of the \NVork less the balance of the Agreement price, but not exceed0g, including other cons anddarua,_,cs for vk,,Ilicll Surety may I.Ie liable hereunder. the allIOLInt set forth above, The terni "balance of the Agreement price," as Used in this parrigraph, shall nwan the twat amount payable to the Principal by the Cit) under the A,,,,,reernent and any modifications dler", less die amOunt previously Property paid by the City to the Flincipal. Surety expressly agrees that the City may reject any contractor or sirbcontractc)r which may Prncipal.be proposed by Surety in fulfillment of its otAigations ill tile event of dclIttlit by the i Ovey shall not udhze the Principal in compOhng, the Agreement not, shall Sirrety accept a bid two the Principal, for comple6on of the �Vork if tire City, when declaring the Principal in default, ilotifles Surety of the City's objection to die Furinci.pars Wher- partictadon hi the completion ofthe Work_ No right of action shall accrue on the bond to or for the use oCany perscqj or ce�)I-porIdon other than the Chy named hemin or the successcu-S Or �Issiglls (if the Cily. Alit' suit under this is bond must be instituted within the applicable statute of limitations period, The said Surety, for vahre recehtd, hemby s6pulmes and agrees that no change., extension or thie, ahemdon or addition to the terms of the Agreement or to the -,vork to be perf'ormed the=reunder or the Specificadons accorryanying the sarne shall in any way nffect its obhgathrrs on IN bond, and it does hereby wai%v notice of anysuch change, extension of tinle, ahemdon or addidon to the terms orthe Alleernent or M the "ark or to the spedficadons. No linal settlement between the City and the POncipal shall abridge the tight of' any beneficiary hereunder ,N,hose claini may be LIMSatisf led. The Ihindpal and. Surety agree that if the CMY iS Ye(JUired to err�,,a�,,e the ser,ices of any air: mmeY in connection with the enibreernent of this bond, each shall pay the City"s rea5onable attorneys" fees incurred, "M or %vkhout suh, in addition to the above suni, In wvitneis whereof! this insrnnuent has been dUIV execmed by the Principal, and SLurety above nanied, on November 8 2016. (SEAQ (SEAQ Weber Water Resources CA, LLC Traveler .Casua jt:y and surety Company of America (Contractor) EMY: Andrea i'. Windish, Attorney-in-Fact(Signature) AddressOne TqwtLSqyare (Sc al and Notarial Acknowleducnicrit of Surety) ------Hartford CIO61k Telephone: ( 860 CD 6 SURETY ACKNOWLEDGMENT STATE OF ARIZONA COUN-1-Y OF Mar'Lc2pa..--.-- On this 8thclay of _November 2016 . before me. a Notary Public, personally appeared Andrea-T. W" ndish personally known to inc, (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of Travelers Casualty and Surety Company of America . and acknowled,e to me that She Subscribed the name of Travelers Casualty and Surety Company of America thereto as surety, and her own naine as Attorney-in-Fact. Mlicelle Lippitt N ICY PUBM( March 17,-2019 MY COMMISSION EXPIRES Bond Number: 106547230 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands,. State of California, and Weber Water Resources CA; LLC (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and con-iplete certain designated public improvements (the "Work"), which said agreement, dated November 1, 2016, and identified as REES WELL REHABILITATION PROJECT, Project No. 71271 is hereby referred to and made a part hereof, and Whereas, under the terms of the Asreement, 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 Travelers * as corporate surety, are held firmly bound unto rhe 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 suns of Two Hundred Three. Thousand Seven Hundred Fifty- Three Dollars (5203,753.00) 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 suuety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond. ,vill pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcinc such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judpent 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 (con-u-nencing 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 assips 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 chane, extension of time, alteration.or addition to the teres 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. 'Casualty and Surety Company of America, CD 7 hi witness whel-e0f this Illstrurnent has been, dUIV ewcutcd by the Pi-iiicipal an(I stil-etv aN)%e named, on November 8 2016. (SEAL) (SEAL) Weber Water Resources CA LLC — Travelers Casualty and Surety Company of America ('Contractor) B Y� Andrea T. Windish, Attorney-in-Fact(Signature) Address-. One Tower Square (S-c,,il incl Notarial Acknc)-,xIcdlg,Cment of'Surcty) Hartford,.CT 0618,3 TeleP11011c: l 860 277-0111 CD 8 SURETY ACKNOWLEDGMENT STATE OF ARIZONA COUNTY OF Marico a On this 8th._._. day of ....November 2016 . het"ore race, a Notary 11-riblic. per-sonalty appeared Andrea T. Windish personally knoNvri to me (or proved to nae on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-Fact of Travelers Casualty and Surety Company of America , and acknowledge to ]-ne that she subscribed the narric of Travelers Casualty and Surety Company of America thereto as SUrety. and her own rianic as Attorney-in-Fact. Michelle Lippitt NOTARY PUBLAC iwmtLe UM" MftqftMw-kb" W4 OMM"" IVAJMM 17. March 17, "2019 MY COMMISSION EXPIRES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 XXMM, . . A notary pubiic 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 ...,. Count of_ rAz a" On t dt°rm T r i�(r� before me, Date personally appeared Neve insert Name and Title of t6 Officer p y ppi', 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 DEBRA JEAN THOR'NTONd is true and correct.C)m . missjOfl # X 125551 y hand a,d officials . Nus -sry Pubhc - Galdfarn'ia WITNESS,wn S. iternard")o . : 0punty ) � � r^ f `Y r)(Q1,Pq Aug 30,2019 . Signature, Signature.,,--," e Sig afore of Notary i°uLafic — mm Place Notary Sea]Above OPTlONALr.. 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