HomeMy WebLinkAboutContracts & Agreements_15-2019PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 7th day of January,
2019, by and between the City of Redlands, a municipal corporation organized and existing under
the laws of the State of California, (hereinafter "City"), and CHI Construction (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
I SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the
following WASTEWATER TREATMENT PLANT SECONDARY EFFLUENT
FLOWMETER, complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's WASTEWATER TREATMENT PLANT SECONDARY
EFFLUENT FLOWMETER, PROJECT No 73357
2 THE CONTRACT SUM City shall pay Contractor the sum of thirty six thousand one hundred
and seventy seven dollars ($36,177) 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 sixty calendar days (60) 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 five hundred dollars ($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 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 for liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due Contractor if such delay occurs
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
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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 law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above
City of Redlands
(SEAL) (O:Janice
ner)
B
tonnell, Acting City Manager
ATTEST:
J e Donaldson, City Clerk
(SEAL)
C�/ �JS/S'7�ZfiG%I ol�l
Name of Contractor
B
Signature of Authorized Agent
Title
Signature of Authorized Agent (if necessary)
Title
99' 625;
Contractor's License No
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract City of Redlands
Municipal Utilities & Engineering Department
WASTEWATER TREATMENT PLANT SECONDARY
EFFLUENT FLOWMETER,
PROJECT No 73357
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 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
I am aware of the provisions of Section 3700 of the Labor Code which requires every
em oyer 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 and activities required or permitted under this
Agreement (Labor Code section § 1861)
I affirm that 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 (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 thisJ7Tti day of ,)',LO&. —, 2010
(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 )
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Bond No 60117287
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and CHI Construction
(hereinafter designated as "Principal") have entered into an agreement dated November 29, 2018
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as WASTEWATER TREATMENT PLANT
SECONDARY EFFLUENT FLOWMETER, PROJECT No 73357 and is hereby referred to and
made a part hereof, and
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
Capitol Indemnity Corporation , as Surety, are held and firmly bound unto the City in the
penal sum of Thirty sig thousand one hundred and seventy seven dollars ($36,177) 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 Pi incipal, 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 of its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to them true intent and meaning,
and shall faithfully fulfill the one-year guarantee of all matei ials 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 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 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 Pi incipal 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 thercundei, 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, of
2 Obtain a bid or bids foi 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,
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but not exceeding, including other costs and damages for which Surety may be fable 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 reject 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 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
In witness whereof, this instrument has been duly executed by the Principal and Surety above
named, on January 9th , 2019
(SEAL)
CHI Construction
' (Contractor)
(Signature)
(Seal and Notarial Acknowledgement of Surety)
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L'IcaldimlAgreementslCH1 Construction Puhise Works Contract.doex
(SEAL)
Capitol Indemnitv Corporation
BY
(Signature) Kevin Kirk, Attorney in Fact
Address 1600 Aspen Commons, 3dELQ-or
Middleton WI 53562
Telephone ( 608) 8294200
Bond No 60117287
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and _CHI
Construction (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 November 29, 2018, and identified as
WASTEWATER TREATMENT PLANT SECONDARY EFFLUENT FLOWMETER,
PROJECT No 73357 is hereby referred to and made a part hereof, and
Whereas, under the terms of the Agreement, Principal is required before commending
the performance of the Work, to file a good and sufficient Labor and Material bond with the City
of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California
Now, therefore, said Principal and 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 Agreement and referred to in the aforesaid Code of Civil
Procedure in the sum of Thirty six thousand one hundred and seventy seven dollars ($36,177) 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 9550) 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 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.__ January 9th , 201 9
(SEAL)
(Contractor)
(Signature)
(Seal and Notarial Acknowledgement of Surety)
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(SEAL)
Ca itol Indernnitv Cor oration
e
BY
(Signature) Kevin Kirk, Attcrrey in Fact
Address 1600 Aspen Commons. 3rd Floor
Middleton, WI 53562
Telephone ( 608) 8294200
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sir .i d tE @s3s $Sss£4 €} y' }.g 44 �4 F '3 - i ®@; #'.i lets=BF 4. t9 s. ? }#e5<£'Pg 4§# g' flee E£# e: § F ,4E,.
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F _ �tl ii€@I @ @is@r�isrAD
/ 3
CAPITOL INDENIN11 Y CORPORATION 60117287
POWER OF ATTORNEY
_ KNOW ALL V�IFN BY THESI• PRESI*NTS That the CAPITOL INDI'MNITY (-0I1POItATION i corporation of tt)c State of Wiscommn hatimc its
pnncip it offices in the, City of Middleton Wruonsrn der S make coir,trtulc and ipfwuat
.:
KEVINIClliK
d 1
its true ind lawful Attornevf,l in fact to nrikc cseuitL ,L,d nd dcliv t for and on ity bLhslt a, ivu% .ind a, its act and deed army and Al bonds
undertakings and contract, of ,uretyshrp pro%]ded til it no bond 0i underialtulc or contract of suretyship exec[€ted undei this uithority Shall exceed in
- amount the suer of
-ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,000,000 OO- - - --
� 'Phis Power of Attorri,y is etanted and iS ,i�-ncd and ,t-ded by taac simrlc' undo iifid by the authority of file folln�, in, Rer,olution adoPtcd by the Board
of Director of CAPITOI INDLNINITY CORPORATION at I mmim, Ault L- lle•d ind field on the 151h day of May 2002
RESOLVED that (lie PrLsi& fit ExeLuhve VrCt Presrduit X 1 Presufcnt SCC zlr! orTie•isurer •feting individuall} cn Othcrerase be Ind the} hes'cbv
•trc granted the power and authorisation to appoint by r Power of AttornL) to ole purpo•,eS only 01 c Lcumin ind tUeStrng bonds and undertakings and
other writings obligatory in the nature Ihercof one of more resident Lice pry Sidcnt,, %'SlStant Secret ir1Ls and'tttorney(s) 1n Pict L acla rpporntee to have the
Powers and duties usual to SuLla offices to the busutec5 of this coriapauty the signauitL 01 ,uCh officer-, -tied seal of the Company may be affi red to any such
po met Of attorticy or to any certificate relating thereto by f icsunrie ind my ,ueh power of ittorncy ur Lcrtitfcatc harm, such FILSimilC signatureS or
facsinule sc•il shall be v -did incl binding upon the Company and any uch pox3Li .So [ S'Cuted and certllied b1 facSrmd signatures'andfaesrmfle seat shalt
' be v [lid and binding upon the- Company Ili the future 4vith resprct ui fin boud =Ei uridertakin or other writing obh-,,ato y cn the nat€it, therett to Which It is
attached Any such appommiLrit may be re401.Ld for e'itise Of a:llhout c'atrse by ani, of said officers it any time
E in connection with obligation,, in favua of the Florida Dcpattment of ftansportstcun 01115 it is i, recd that the povxi and authorrl} hereby given to thL
Attorney m Fact IIIIJM0 ,11W ind all consents for thL release Of rctamtd p tcentage, md'or final estimate. on engincerm and construction contracts
required by the Statc of Florida Departmt nt of I iansportation It is tulip undLrst.oi.d that r,onscntui, to the State of I lGrida IDLpatlertent of Transportation
making payment of the final estimate to the Conti ream and/ot it, as5Jgn,L. whail not relieve this surety Lompany of any of its olili:F-ations lindcl its bond
' = In connec tion with obitgalions in favof of the KLian;Ll y Department 0f 114!211 l Ju l only It is agreed il,at the puv et irid authority hereby ;given to the
Attorney in I let cannot be modified vi rc%ot,ed unless prtoi i' r;lten pc rSon.d nouc� nt tiueh urtcnt has been ervcn to the Comrinssioner - Department of
Highways of the Commonwealth of Kentucky at Icist thirty i f11 days prices to the. nndification or rov,malion
IN WITNESS N' iirRLOI the CAPITOL INDI,' NINITY CORPORATION has eau,i.d these presLnts to bL signed by its officer undersigned and its
_ corporatL seal to be hLrLto afflUd duly 'I IL.skd this 27th day of Jula 201. ,
Attest f €? ?CAPITOI INUEh1NITY C'ORPORAT'ION
�csi;,r�tgr
Gary W StualrPer [f
Prestdent SEAL i Stephen J Sills
Surety & Fidehty Operations CPO eG Preaident
STATE Or W11;CONSIISI —
/r COUNTY Of DANE S.S
On the 27th da} of July '1015 before me personalh tame StLph,n J Sr!]s to In, 1,no vu, v, ho bent-, by rut, truly ,,Nxof i did depose ind Sav that hL
resides in the County of NLu Pori., State of Ncw 1011., that he rs Prisidenl of C APITOL INT}Ii MNIT1 CORPORAHON the corporation described
herein and Mhich eXceuled the abmt msnrnnitnt, than hL Isnot*'s thL seal of the ,did eor-porition, that the si ,fl iftrxed to S,ud rnsn2iment IS Sueh aorparlte
Wit that It Na 'IS so affi'%ed by ordu of the Boatel of Director•, of said r0rptt 11101i ind that he Sicr1Ld hi% iodic t]§er cto by Inc(� i}rdcr
-$qJ crco,� �$
D I% id I Rcryelc
STATE OF WISCONSiN5
� �� �' Niotar� Public Dane, Co WI
COUNTY OF DANE S orkv 1%1y Conunrssion IN Perm anent
L LI�TCI lC ATE
I the undcrSigned duly elected to the oflice ,toted bLlelis nota@ the rncumhutt rn CAPITOL, LNDLININNITI CORPORAI-ION d 1Vistonsrn Corporation
authorized to make INS certlfUJtc DO 111,111 B1 CFRTII'Y than the loregoinr WdLlled Pemex of Attorney rcniarns m full loite-ancl'h-is not been
revoked and furthermore that the Rcsoh€tion of the Board ul f5irectors Set forth in the l'otscr of Atto-sic% rS noa 'iii force '
Sighed and Seated at the City of Middleton State cit ltiiscon>in _,r_ d this 9th iy cif January y '—__019
SE k1l
_ Autanie� = elii
THIS DOC1latUN1 N 'NO -1 Nt.lMBI R INIJVlir?1 FR R1C Iii1 IMNI)
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