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HomeMy WebLinkAboutContracts & Agreements_242-2017 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 13`x' day of October, 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 AB Fence Company (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 perforin all of the work for the following ALABAMA STREET POND FENCING PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's ALABAMA STREET POND FENCING PROJECT, Project No 73419 2 THE CONTRACT SUM- City shall pay Contractor the sum of$18,584 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 30 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 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 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents I1 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 hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) ByA6—, (� 0 Assistan o e City Manager, City of Redlands, County of San Bernardino, California ATTEST Clerk, City of Redlands County of San Bernardino, California (SEAL) Name of Contractor By /re4of ' Signa Authorized Agent (ONVAv e-Z Title Signature of Authorized Agent(if necessary) Title �J q ( � Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department ALABAMA STREET POND FENCING PROJECT, Project No 73419 Labor Code, Section 3700,provides, in part that "Every employer except the State shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State (b) By securing 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 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 186 1) Dated this day of , 2017 (Contractor) �} (Signature) (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) CD 4 Bond Number CE 11510300037 Premium $558 00 Executed in duplicate Premium is for contract term and subject to adjustment based on final contract price FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and AB Fence Company (hereinafter designated as "Principal") have entered into ail agreement dated October 13, 2017 ('Agreement") whereby Principal agrees to Install and complete certain public improvements (tile "Work"), which said Agreement is identified as ALABAMA STREET POND FENCING PROJECT, Project No 73419 and is hereby referred to and made a part hereof, and Whereas, said Principal is required inkier the ternis of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, tine Principal and Philadelphia Indemnity Insurance Company , as Surety, are held and firmly bound unto the City in the penal sum of Eighteen thousand five hundred eighty foui dollars and zero cents ($18,584 00) lawful money of the United States, foi the payment of which sum we bund ourselves, and oui heirs, successors, executors and administrators,jointly and severally, firmly by these presents Tile 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, oil 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 harnnless 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 tine 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 workinanship, 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, of 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 biddet and the City, and make available as work progresses sufficient fiends to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages foi which Surety may be CD 5 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 refect 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 iii completing the Agreement not 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 p'rincipal'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 terEns 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 October 24th , 2017 (SEAL) (SEAL) A B Fence Company = Philadelphia Indemnity insurance Company {G lira ) �Stmahan,I Yich � gar (Signature) Attorney In Fact ) Address. (Seal and Notarial Acknowledgement of Surety) 4050 Crums Mill Road,Suite 201,Harrisburg,PA 17112 Telephone ( ) 717-540 2833 CD 6 373 PHILADELPHIA INDEMNITY INSURANCE COMPANY Ono Bala Plaza,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 R Strahan and Elba McCullou0i of KPS Insurance Services Inc its true and lawful Attorney in fact with full authority to execute on its behalf bonds undertakings recognisances 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 525,000,000 00 This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14`h ofNovember 2016 RESOLVED Khat the Board of Directors hereby authorizes the President or any Vice President of the Company (l) Appoint Attomey(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 sea] 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 binding upon the Company in the future with 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 14""DAY OF NOVEMBER 2016 (Seal) ffi Robert D O'Leary Jr,President&CEO Philadelphia indemnity Insurance Company On this 14° day of November,2016,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 ofsaid Company that the said Corporate Seal and his signature were duly affixed COMMGHYlFbt,'(H P F{NNMVA3!€A c n+ seal ' Xo1a 11"111Hapry?uCtic 'love Hirt.7,1. MantOxnrry Cavnty 111�111my coa;Mlss"E.-ort,JIM a 20€1 Notary PUb]]C I , residing at Bala Cvnwvd PA (Notary Seal) My commission expires January 8 2018 1,Edward Sayago Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14'x'day of November,2016 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 Atiomey the duty elected President of PHILADELPHIA INDEMNITY INS URANCE COM PANY A. In Testimony Whereof[have subscribed my name and affixed the facsimile seal of each Company this �/ day of ®c 20 / 7 Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 San Diego On October 24th, 2017 before me, E B Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Sfirahan who proved to me on the basis of satisfactory evidence to be the personP4 whose name is1 re su scribed to the within instrument and acknowl9hisl to me thatS helthey executed the same in �s erltheir authorized capacit& and that berltheir signaturek"n the instrument the person fW�or the entity upon behalf of which the personXacted, 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 ofl`i is seal E e SYRAIM Cwwktion r 2068634 Nohry PuMio-California San Digo County Mr Comn.Eaoires Jun 25,2018 Signature � (Seal) Bond Number CE 11510300037 Executed in duplicate Premium included in performance bond LABOR ANIS MATERIAL BOND Whereas, tile City Council of tine City of Redlands State of California, and AB Fence Company (hereinafter designated as "Principal") have entered into an agreement (tine Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated Octobet 13, 2017, and identified as ALABAMA STREET POND FENCING PROJECT, Project No 73419 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending tine 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 (comm fencing with Section 9550) of Part G 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 othei persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the suns of Eighteen thousand five Hundred eighty foui dollars and zero cents ($18,584.00) for materials furnished or labor thereon of any Find, or For amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay tile sante in an amount not exceeding ti.ie amount hereinabove set forth, and also In case stilt 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 thejudgment 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 G 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 perfornied, then this obligation shall become null and void, othenvise it shall be and remain in full force and effect The surety Hereby stipulates and agrees that no change, extension of tulle, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any planner affect its obligations on thts bond, and it does hereby waive notice of any such change, extension of time, alteration or addition CD 7 In witness whereof, this instrument has been duly executed by the Principal and surety above named, on October 24th � 2017 (SEAL) (SEAL) A B Fence Company Philadelphia Indemnity Insurance Company 41 �Contr tor) (Signature) ichael-I Stra (Signature) Attorney-In-Fact l Address. (Seat and Notarial Acknowledgement of Surety) 4050 Crums Mill Road Suite 201 Harrisburg FA 17112 Telephone £ 717 540 2833 CD 8 374 PIIILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza 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 R Strahan And Elba McCullouvh of KPS Insurance Services Inc its true and lawful Attorney 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 525.000 000.00 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 on the 14"ofNovcmber,2016 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company (1) Appoint Attomey(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 Attomey 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 binding upon the Company in the future with 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 SFALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14"'DAY OF NOVEMBER,2016 (Seal) Robert D O Leary Jr President&CEO Philadelphia Indemnity Insurance Company On this 10 day of November,2016 before me came the individual who executed the preceding instrument,to me personally known and being by me duly swam 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 co"MONMIL1t1FN_pr FENNMVFyIA auK Saar kp[[NOrrird,Nppry 9Ubi1C O y isltluslcvp- MGrt h�d8 c 011 Hy CpmntnSkn 2r�irse i1R !,]01i TNGI r:n4 Notary Public 4 residing at Bala Cvnwvd PA (Notary Seal) My commission expires January 8 2018 I,Edward Sayago Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY do hereby certify that the foregoing revolution Ortho Board of Directors and this Power of Attorney issued pursuant thereto on this 14th day of November 2016 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 PHILADELPI-IIA INDEMNITY INSURANCE COMPANY r�- ]n Testimony Whereof[have subscribed my name and affixed the facsimile seal of each Company this day of 19C l� 20 Edward Sayago Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 San Diego ) On October 24th, 2017 before me E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R Strahan who proved to me on the basis of satisfactory evidence to be the person whose namepC2is,11re s scribed to the within instrument and acknowled ed to me thalj i he/they executed the same in is/ er/their authorized capacit&W, and that b . isl erltheir signaturej,"n the instrument the persons or the entity upon behalf of which the person, 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 al. E 6.SYRI m Conla"an•20"MNoary PufiNa Cllifornit �) San Oiupo County > Signature (Seal) #y Comm Ex k"Jun 25,2018