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HomeMy WebLinkAboutContracts & Agreements_57-2017 PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 5h day of April 2017, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and M C Alyea Construction hereinafter ("Contractor") City and Contractor are sometimes individually referred to herein as a "Parry" and, together, as the"Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows I SCOPE OF WORK- Contractor shall perform all of the work for the following Install Security Gates at the City Hall Underground Parking Structure to include Entry and Exit Horizontal Sliding Gates, Goose Neck Post for Keypad, Keypad and Control System, Concrete Base for Horizontal Sliding Gate, Concrete Base for Gate Operator, Exit Loop Detector, Electrical Power Conduits and Conductors, Control Conduits and Conductors, Bollards and Security Bar Fencing (the "Work") 2 CONTRACT SUM: City shall pay Contractor the sum of Forty Five Thousand Dollars ($45,000 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 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 One Hundred Twenty (120) 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 sum 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"Contract Documents") 1 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 claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1,Article 15 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 Contract 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 CONTRACTORISUBCONTRACTOR 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 2 c IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above City of dlan (SEAL) By - nriq Mhnez,City ger ATTEST. I �Donaldson, City Clerk (SEAL) NAM M C Alyea Construction f By Signature of Authorizesgent 6-w'1-�.v✓� Title Signature of Authorized Agent(if necessary) Title 53115h Contractor's License No 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract 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 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 CHECK ONE am aware of the provisions of Section 3700 of the Labor Code which requires every employei to be insured against liability for Workers' Compensation oa to undertake self- insurance elfinsurance 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 under this Agreement (Labor Code §1861). I affirm that at all times, 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 become 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 under penalty of penury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this day of �'r ,2017 X�C A /&,O� IT (Contractor) 1 1 (fit a 64 (Signaturb)" (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) 4 Western SuretyCompany PERFORMANCE BOND Bond Number- 71875936 KNOW ALL PERSONS BY THESE PRESENTS, That we Mark C Alvea dba M C Alvea Construction of 5161 Hedrick St. , Riverside, CA 92505 hereinafter referred to as the Principal, and Western surety Company as Surety, are held and firmly bound unto Citv of Redlands Of 35 Cajon St 920 Redl,:mds C,A 92373 hereinafter referred to as the Obligee, In the sum of Forty-Nine Thousand Five Hundred and 00/100 Dollars ($ 4 9,500 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has entered into a contract with Obligee, dated the 6th day of February 2017 , for(- ity Hall Parkiaq CTarpo-e—gPriirlt-y C�aY€?� Prn7Qrt NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void, otherwise it shall remain in full force and effect ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee SIGNED, SEALED AND DATED this 16th day of February 2017 Mark C Alvea dba M C Alvea Construction ,5zw— ,4�ched Av�V� incipa e !�!� r�L/`r tai �gYk3 c� B � ( � y � tMORArt �nIe tern SuretviC'dxkanv SEAT �B (Seal) y N L Aarney in Fact Farm F4597 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 Califpmip County of On before me,�Jarq (insert name and title of the officer personally appeared I"ialrk C )q/ye,�t-' who proved to me on the basis of satisfactory evidence to be the son whose name cri d the within instrument and acicnowle ed to a the h t h executed he same in his I it authorized capacit , and that y hi sign ure n the instrument the person(s , or the entity upon behalf of which the perso cted, exe uted the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a r WITN S m hand and o HI ictal Seal SARA 0211�4051 Y Commissi Z :e Notary Public-California n Z ' Riverside County IMy Comm ExpiresJul2 2019 Signatu (Seal) Western Surety Company PAYMENT BOND Bond Number 71875936 KNOW ALL PERSONS BYTHESE PRESENTS, Thatwe Mark C Alvea dba M C Aivea Construction of 5161 Hedrick St. , Riverside, CA 92505 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Redlands of 35 Ca-ion St 420 Redlands CA 92373 hereinafter referred to as the Obligee, In the sum of Fortv-Nine Thousand Five Hundred and 00/100 Dollars ($4 9,500 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has entered into a contract with Obligee, dated 6th day of February 2017 , for Citv Hall Parkina Garaae Securitv Gates Prosect copy of which contract is by reference made a part hereof NOW, THEREFORE if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void, otherwise to remain in full force and effect No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder SIGNED, SEALED AND DATED this 16th day of February 2017 Mark C Alyea dba M C Alve Construction g(�WncipBy - _-- (Seal) � r ft6RATE Wes ern Sure y Com n SEAL , By -' (Seal) KAREN AL INDER Attorney in Fact Western Surety POWER OF ATTORNEY-CERTIFIED COPY Bond No 71875936 Know All Men By These Presents,that WESTERN SURETY COMPANY, a corporation duly organized 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 KAREN ALAINE 7 TNDER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for Principal Mark C Alyea dba M C Alyea Construction Obligee City of Redlands Amount $1,000,000 00 and to hind 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 seal 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 Board 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 tern imate,without notice,unless used before midnight of ATDr i 1 20 2017 but until such time shall be irrevocable and in full force and effect Iukwu � Western Surety Company has caused these presents to be signed by its Vice President Paul T Bruflat,and its Cori& t-6 he.v this 16th day of February 2017 WEST R SURE COMPANY _ - —7 ST ?f£Sd[PiHiA Paull ruIIat,VicePresident r- — ss COLiCItsI� IIA On this 16th day of February in the year 2017 before me,a notary pubhe,personally appeared Paul T Bruflat, 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. }44+r4444444444444444444ti4'f s J. MOHR rRELNOTARY PUBLIC a Notary Public South Dakota i SOUTH DAKOTA ��-' i �4444yg444444hg444ti444M4� My Commission Expires June 23, 2021 1 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 16th day of February 2017 WEST R f SURE COMPANY Paul T ruflat,Vice President To validate bond authenticity,go to www cnasuretv.com >Owner/Obligee Services >Validate Bond Coverage. Form F3306-1 2016 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 Sacramento ) Un 2117117 before me Sarah M Marinelli, Notary Public (insert name and title of the officer) personally appeared Karen Alaine Linder who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare 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 PE=RJURY under the laws of the State of California that the foregoing paragraph Is true and correct r;;.Z,. SARAH M MARINELLI WITNESS my hand and official seal i Notary Public -Calitori3ia Sacramento County Commission # 2162316 Signature (Seal) Mr Comm Expires Sep S. 20201 "�'L i ) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date 2117117 Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Individual h ❑Ipdividual ,f . - ❑ Partner—❑Limited ❑General Top of thumb here L Partner—❑Limited L General Top of thumb here X) Attorney in Fact ❑Attorney in Fact l Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing Signer is Representing Western Surety Company