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HomeMy WebLinkAboutContracts & Agreements_132-2018PUBLIC 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 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 will perform all of the work for the following Fencing Installation Services for City's West Riverview and West Redlands Gateway (Best) Groves, complete, as required by the Contract Documents (as herein defined) and Specifications (the "Work") 2 CONTRACT SUM: City shall pay Contractor the sum of Forty Two Thousand Nine Hundred Thirty Eight Dollars and Fitly Cents ($42,938 50) 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 thirty (30) 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 One Hundred Dollars ($100) 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 One Hundred Dollars ($100) 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") 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 Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and I I 1caldjin\Agreements\Pub1le Wort. Contract 2018 AB Fence.doe processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15 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 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 I 1caldjnAAgreements\Pubhc Work Contract 2018 AB Fence.doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: J e Donaldson, City Clerk City of Redlands By (: F,�. jLk� Paul W Foster, Mayor (SEAL) A` "1 V 1 YC& OD Alberto G Bedolla, AB Fence Company ~ Owner Signature of Authorize Agent (if necessary) ire -6 �rten' itle ��50:2)s Contractor's License No 3 I ka\djmlAgreements\Public Work Contract 2018 AB Fence.doc 1�:IITI 431-1A Y41810F 19 B10110 41 M e I Iefllu'Melei a[S1 DI411113 Cly U Cole Description of Contract Fencing Installation Services for the City's West Riverview and West Redlands Gateway (Best) Groves 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, elfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon famishing 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 § 186 1) 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 ZY day of �, 2018 (SEA -1) (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 1ca\djmlAgreements\Pubhc work Contract 2018 AB Fence.doc r t Executed In duplicate Bond Number CE 11510300041 Premium 1,288 00 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 A.B. Fence Company (hereinafter designated as 'Principal") have entered into an agreement dateda�2?, 2018 (Agreement ) .vherela Prrnc al agrees #o. install and complete cedain public improvements the Work t which said Agreement is Identified as Perim ter Fen ng for wo (2} City of Redlands Citru Ar r0yes p p ) g {>aShewesLRediandsGateway.Grove c Is hereby referred to and made a part hereof, and (2) The Best Grove Project Number QOL0125201BKG 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 andPb''adelphia Indemnity Insurance compenyas Surety are held and firmly bound unto the City in the penal sum of *** Dollars ($ 42,,q3&50...___.._) 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 *** Forty Two Thousand Nine Hundred Thirty Eight Dollars & 501100 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 time time and in Ilse 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 indemnity 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 hotd 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 Ir the Principal shall fail to make full complete, and satisfactory repair and replacements and totally protect the City from loss or damage unmade evident during this period from the date of coim7pletion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in,oenat 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 ilia Principal shall be and is deciafed 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 Wth its terms and conditions and upon determination by Surety of the lowest responsive and responsible bidder, aaaage for a contract between such bidder and the City, and make available as work progresses sufficient funds to nay 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 pt€ce; as used ire this paragraph, shalt mean the total amount payable to the Punclpal by the City under the Agreement and. any modifications theretc., less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may relect any contractor or subcontractor which may be proposed by Surety in fulfillment of its obfigat€ons in the event of default by the Pmcipal CD -4 QtJLd7.M2W&G « m=ar rmelrr fer,--ng Fret Reoianm Gateway Cmw and 7iser est ! axte Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a hid 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 Wofk No right of action shall accrue on the hoed to or for the use of any person or corporation other than the City named herein or the successors of assigns of the City Any suit under this gond must be instituted within the appficahe statute of limitations perm 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 Principat shall abndge 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 shalt 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 March 29th 2018 to witness whereof, this instrument has been duty executed by the Principal and Surety above named, on (SEAL) (SEAL) A 8 Fence Comp ny Philadelphia Indemnity Insurance Company _7M�� re - BY �. (Signature) (' nafure) Etb McCulfough Attorney -In Fact AddreSs. 2601 Market Place, Suite 300 (Sea[ and Notarial Acknowledgement of Surety) Harrisburg, PA 17110 Takptmw ( 717 )rj40-21343 C[7-a +3f1�0F252f318KG � P�nri�(er f�rrow+;< Ws►si A � CSows alk+ � i Piro. 415 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite l00 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 McCullough of KPS Insurance Services, Inc. its true and lawful Attorney in fact with full authority to execute on its behalf bonds, undertakings, recogmzances 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 S25,000,000.00 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 of November, 2016 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company (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 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 sea] 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 sea] 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 2f" DAY OF OCTOBER 2017 (Seal) Robert D O Leary Jr President & CEO Philadelphia Indemnity Insurance Company On this 27" day of October 2017 before me came the individual who executed the preceding instrument to me personally known, and being by me duly swom 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 sea] of said Company, that the said Corporate Seal and his signature were duly affixed COMMON FP V NOiARui,SEA! 'a N.M."p°'"° Notary Public lery WM Trp Mantppmary C,p�gly AI,Eummiy�q ��pip53fpL =7.SG21 residing at (Notary Seal) My commission expires Bala Cyn,,vvd, PA September 25, 2021 I 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 27h day of October 2017 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 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of cacti Company this Zq+' day of(krG 20 ti= : 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 March 29th, 2018 before me, E B Strahan, Notary Public (nsert name and title of the officer) personally appeared Elba McCullough who proved to me on the basis of satisfactory evidence to be the personm whose name i r+e subsq d to the within instrument and acknowledged to me that h ey executed the same in hisiheritheir authorized capacity, and that by hii�%their signature(x)'on the instrument the person , or the entity upon behalf of which the persofacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official Signature (seal) E B STRAHAN Commission #E 2069654 z a r' Notary Public - California z Z San Diego County n M Comm Ex Tres Jun 25, 2018 Executed In duplicate LABOR AND MATERIAL PAYMENT BOND Bond Number CE 11510300041 Premium included in performance bond Whereas, the City Council of the City of Redlands, State of Californta, and A B Fence Company (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 March 27th, 2018 2018, and identified as *** is hereby referred to and made a part hereof, and *** Perimeter Fencing for Two (2) City of Redlands Citrus Groves (t) The West Redlands Gateway Grove, (2) The Best Grove, Project Number QOL01252018KG 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, ?abcrers, 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 *** Dc4lars d 42 938.50 ) 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 rendefed ***Fort Two Thousand Nine Hundred Thirty Eight Dollars & 501100 It is hereby expressly stipulateeand agreed that this bond shall Insure to the benefit of any and all persons, companies and corporations entitled to fila 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 eondihon of this bond be tufty 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, a€feration or addition to the terms of the Agreement or the specifications accompanying the same shaft 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 In witness whereof this instrument has been duly executed by the Principal and surety above named, on . March 29th 2018. _ (SEAL) (SEAL) A B Fencq C any Philadelphia Indemnity Insurance Company (ContraV&e (Surety ~- BY M � A, (signature) Address _2601 MarkkePlace Suite 300. _. _.... ..... Harrisburg PA 17110 (Seal' and Notarial Acknowiedgment of Surety) Telephorte(717) 540-2843 CD -6 4oeatz�tzraxc _. p Chest Gat�erarr Gevv and t'ar ttesr r,�vtie 414 PHILADELPHIA 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 McCullough of KPS Insurance Services, Inc., its true and lawful Attorney in fact with full authority to execute on its behalf bonds undertakings recogmzances 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 10 of November, 2016 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company (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 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 27Tii DAY OF OCTOBER 2017 (Seal) Robert D O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 27'' day of October 2017 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 COMMONWEALTHF Prn-f& Ma�grypTAgUI SEAL nfy j[/�.Pp'".Ugft ;K Notary Public MVC mmsra'.sn EtNaf Srpl. 3s,ml residing at Bala Cynwyd_ PA (Notary Seal) My commission expires September 25, 2021 I, 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 27h day of October, 2017 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 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Z -14 � day of i r r a rCk 20 1 14;fr.. 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 Califomia County of San Diego ) On March 29th, 2018 before me, E B Strahan, Notary Public (insert name and title of the officer) personally appeared Elba McCullough who proved to me on the basis of satisfactory evidence to be the persono whose namepOQre subsq d to the within instrument and acknowledged to me that he2ibaey executed the same in hi er eir authorised capacity, and that by hi e7their signature(a�r'on the instrument the perso IX 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 off icia se I. E s STRAHAN Commission # 2089654 Z Notary Public California a Z San Diego County I My Comm Ex ices Jun 25, 2018 Signature (Seal)