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HomeMy WebLinkAboutContracts & Agreements_139-2018PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 17th day of July, 2018, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Henkels & McCoy, Inc (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 SCOPE OF WORK: Contractor shall furnish all labor and will perform all of the work for the following Demolition and excavation of trenches, loading debns/spoils into City provided dumpsters, installing conduit, backfilling trenches and covering with City provided concrete slurry, Contractor supplied hot mix asphalt, as required by the Contract Documents (as herein defined) and Specifications for City's State Street Trench/Conduit Installation Project No QOL05242018KG (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of fifty six thousand nine hundred twenty six dollars sixty three cents ($56,926 63) 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 TIMEFOR COMPLETION The Work shall be completed within Thirty (30) 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, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents") 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party A I 1ca1djm\Agreements\Henkels & McCoy Public Works Contract docx ORIGINAL 7 RESOLUTION OF CONSTRUCTION CLAIMS 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 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, 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 Iaw or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor 2 1 IcaldjnilAgreeiiients\Henkels & McCoy Public works Contract docx IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: anne Donaldson, City Clerk (SEAL) City of Redlands <5o�s t�e r., M 1 � .o t�CAJ A(ZLgL Name of Contractor By Signa of Authorized Agent A-1 Title Signature of Authorized Agent (if necessary) 1$3393 Contractor's License No T 1ca\djmlAgreements\Henke1s & McCoy Public Works Contract docx WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract State Street Trench/Conduit Installation — QOL05242018KG Every employer, except the State, shall secure the payment of compensation in one or more of the following ways a By being insured against Iiability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State b By securing from the Directoi 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 I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted 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 perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this / D 7r/day of /tit , 2018 (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 ) 4 I 1ca1dJmlAgreementslHenkels & McCoy Public Works Contract docx FAITHFUL PERFORMANCE BOND Bond No 019064558 Whereas, the City of Redlands ("City"), State of California, and HENKELS & MccoY INC (hereinafter designated as "Principal") have entered into an agreement dated July 3 , 2018 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as STATE STREET TRENCHICON©UIT INSTALLATION and Is hereby referred to and made a part hereof, and PROJECT NUMBER OOL05242018KG Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and Liberty Mutual Insurance company, as Surety, are held and firmly bound unto the City in the penal sum of Fifty Six Thousand Nine Hundred Twenty six Dollars ($ ($ 6,926,00 lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, his or Its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions In the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and In the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one year guarantee of all materials and workmanship, and shall defend, Indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, Incurred by the City In successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer If required by the Agreement after the acceptance of the work by the City, during which time If the Principal shall fall to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal shall be, and Is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder the Surety shall promptly remedy the default, or shall promptly, at the City's option Complete the Agreement In accordance with Its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used In this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may refect any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations In the event of default by the Principal <� ORIGINAL QOL05242018KG — State Street TrenchlCondult Installation Protect Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City; when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum The Surety hereby stipulates and agrees that no change, extension of time alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on 2018 (SEAL) HFNKELS � McCOY, INC =rL)U. V-1111.1111lu //O Treasurer (Sea] and Notarial Acknowledgement of Surety) CD -5 QOL05242018KG — State Street Trench/ConduA Installation Project (SEAL) Liberty Mutual Insurance Company Surety) BY �,�.e�.•t.� . Drew W Garis Atty-in-Fact(Signature) Address. 2200 Renaissance Blvd Suite 400 King of Prussia, PA 19406 Telephone ( 610 ) 724-1319 ACKNOWLEDGMENT State of Pennsylvania County of Montgomery } On July 10, 2018 before me, Nancy A Abrams, Notary Public (insert name and title of the officer) personally appeared Drew W Gans, Atty-m-Fact 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 Pennsylvania I certify under PENALTY OF PERJURY under the laws of the State of aakftwn that the foregoing paragraph is true and correct COMMONWEALTH OF PENNSYLVANIA WITNESS my hand and official seal j=EXpfres1i;eMbqr PNA�IICY Aublic eddTWq Caen�sioer 9, 2Q19 Sigr:ature �(� _ (Seal) LABOR AND MATERIAL PAYMENT BOND Bond No 019064558 Whereas, the City Council of the City of Redlands, State of California, and HENKELS & McCOY, INC (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated _ July 3 2018, and identified as is hereby referred to and made a part hereof, and STATE STREET TRENCH/CONDUIT INSTALLATION PROJECT NUMBER OOL05242018KG Whereas under the terms of the Agreement, Principal is required before commencing upon the performance of the Work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Fifty Six Thousand Nine Hundred Twenty six Dollars ($ 56,926.00 _ ) 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 surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive njace of any such change, extension of time, alteration or addition in �Mtness whereof, this instrument has been duly executed by the Principal and surety above named, on July 10 , 201 8 (SEAL) (SEAL) HENKELS & McCOY INC Liberty Mutual Insurance Company (Gcntrartor)(Surety)A�� _2.Lell BY 4 (Signature) Matthew D Pirollo (Signature) Drew W Gans, Atty-in-Fact Treasurer Address 2200 Renaissance Blvd , Suite 400 K€nq of Prussia, PA 19406 (Seal and Notarial Acknowledgment of Surety) Telephone(610) 724 1319 QOL05242018KG - State Street Trench/Conduit Installation Project ACKNOWLEDGMENT State ofd Pennsylvania County of Montgomery On July 10, 2018 before me, Nancy A. Abrams, Notary Public (insert name and title of the officer) personally appeared Drew W Gans, Atty-in-Fact 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 hislherltheir 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. Pennsylvania I certify under PENALTY OF PERJURY under the laws of the State of Ga4ftnWft that the foregoing paragraph is true and correct COMMONWEALTH o_ F� PENNSYLVANIA WITNESS my hand and official seal NOTARIAL SEAL NANCY A ABRAMs, Notary Pubic Gwynedd i,Mon0YMyCwn N�ber 9, 24 Signature f Z (Seal) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 8033525 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire that Liberty Mutual insurance Company is a corporation duly organized under the taws of the State of Massachusetts and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the Companies'), pursuant to and by authority herein set forth does hereby name constitute and appoint Nancy A Abrams Drew W Garis Robert D Gaits Vicki L. Hippaut. all of the city of Ambler , state of PA each individually if there be more than one named, its true and lawful attorney In fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any all undertakings, bonds: recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and ahested by the secretary of tho.Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Compames have been affixed thereto this 9th day of March , 2018 'f Sty. s .s. art,svP�,� v} sysangr �'4 :ysb7 � 1919 � � 1912 u, 1931 z STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual insurance Company West merican�Insurance Company By David M Carey Ass"tstant Secretary On this 9th day of March 2018 before me personally appeared David M Carey who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company The Ohio Casualty Company and West American Insurance Company and that he as such being authorized so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written p PsT COMMONWEALTH OF PENNSYLVANIA Q' a`"r:.'£e4 Ott Notarial Seal 8 Teresa Pastella, Notary Public BY oe upper Mannn Twp. Montgomery County Teresa Pastella, Notary Public My Commissron Expires March 28 2021 MemPior PannsyWaaia ks-sociatien of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as foilows ARTICLE IV— OFFICERS — Section f2 Power ofAttorney Any officer or otherofficial of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe shall appoint such attomeys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys -in fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority ARTICLE XIII — Execution of Contracts — SECTION 5 Surety Bonds and Undertakings Any officer of the Company authonzed for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe shall appoint such attorneys-m•fact as may be necessary to act In behalf of the Company to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as If signed by the president and attested by the secretary Certificate of Designation — The President of the Company acting pursuant to the Bylaws of the Company authorizes David M Carey Assistant Secretary to appoint such attorneys In fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and aft undertakings, bonds recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I Renee C Llewellyn the undersigned Assistant Secretary, The Ohio Casualty insurance Company Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney .of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this %/7 day of c rU LY 20If INS .w JP�� xvUAa>��N �aA` to Nr��up��r \LAty tN(S�gy, c 0 19141412 1991 0 By r.. a. a4 Renee C. Llew ssistant Secretary ` �t<rHaNa'A a STs i�' �i 268 of 500 LMS 12873 022017 Liber LIBERTY MUTUAL INSURANCE COMPANY ixtUal ° FINANCIAL STATEMENT — DECEMBER 31, 2017 SURETY Assets Liabihties Cash and Bank Deposits $370 003 299 Unearned Premiums 57,503,154,587 *Bonds ---U S Government 1,331,664,975 Reserve for Claims and Claims Expense 19,658,731,454 *Other Bonds 11,127,053,004 Funds Held Under Reinsurance Treaties 224,693 828 Reserve for Dividends to Policyholders 967 520 *Stocks 16,367,850,688 Additional Statutory Reserve 52,491,027 Real Estate 272 895,626 Reserve for Commissions, Taxes and Agents' Balances or Uncollected Premiums 5,258,657,823 Other Liabilities 4,049,391852 Accrued Interest and Rents 100,341,596 Total .............................. $31,489,431,268 Special Surplus Funds 5176 230 822 Other Admitted Assets 11 192 287 530 Capital Stock 10 000 000 Paid in Surplus 9,484,316,385 Unassigned Surplus 4,860,776,066 X46.020 754 541 Surplus to Policyholders 14, ,1,323,273 Total matte Assets .. 53 .,.._ Total Liabilities and Surplus . . .... S46.020.754541 UDI �'� , * Bonds are stated at amortized or investment value, Stocks at Association Market Values 1912 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance i I TIM MIKOLA7EWSK1, Assistant Secretary of Liberty Mutual insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31 2017 to the best of my knowledge and belief IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 161h day of March, 2018 Assistant Secretary 5 1262LMICla 3118