HomeMy WebLinkAboutContracts & Agreements_164-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction Contract ("Contract") is made and entered
into this 19th day of August, 2014, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of
California, (hereinafter "City"), and Airite Heating & Air Conditioning
(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 perform all of
the work for the following: Replacement of Air Conditioning Units at Various
City Buildings complete all items as required by the Contract Documents
(as herein defined) and Specifications for City's Replacement of Air
Conditioning Units at Various City Buildings (the "Work").
2. THE CONTRACT SUM: City shall pay Contractor the sum of $359,963.00
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 90
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 $500.00 per day is the estimated damage to City caused by
the failure of the Contractor to complete the Work within the allowed time.
CD-1
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, 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.
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: 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.
CD-2
IN WITNESSF, the parties hereto have executedthis Agreement
the day and year first written above.
City of badlands
(SEAL) (Owe
By
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
. k
putt' City Glory., City of Badlands
County of San Bernardino„ California L
Trite Heating and Air Conditioning
Name of Contractor
Sigma ura of Authorized Agent
Title
Signature of Authorized Agent if necessary)
Title
q
;Zm
Contractors License No.
CD-3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Quality of Life Department
Replacement of Air Conditioning Units at
Various City Buildings
Project Number QOL05282014
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 1861)
Dated this 19th day of August, 2014.
(Co ractor)
(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
This bond was issued in two(2) Bond No. 388997P
identical counterparts. Premium: $8,999.00
THE FINAL PREMIUM I5
FAITHFUL PERFORMANCE BOND PREDICATED THE
FINAL CONTRACT
PRICE
Whereas, the City of Redlands ("City"), State of California, and Airite
Heating & Air Conditioning (hereinafter designated as "Principal") have entered
into an agreement dated 19'h day of August, 2014 ("Agreement") whereby
Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as Replacement of Air
Conditioning Units at Various City Buildings Project Number OOL05282014
and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to
furnish a bond for the faithful performance of the Agreement, now, therefore, we,
the Principal and Indemnity Company of California , as Surety, are held and firmly bound
unto the City in the penal sum of Three Hundred Fifty Nine Thousand, Nine
Hundred Sixty Three Dollars ($ 359,963.00) 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 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.
CD-5
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:
1. 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 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.
CD-6
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, cin_ Luly 29th 2014-
(SEAL) (SEAL)
Airite Heating and Air Conditioning, Inc. Indemnity CompAny-of Poifornia
(Co actor)
BY:,
f
Signature} SignArturo Ayala,Altomey-in-Fact a�
rW
Address: 500 S Kraeme VSulte Suite 300
(Seal and Notarial Acknowledgement of Brea, CA 92821
Surety)
Telephone: ( 714 784-5660
CD-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Oradqe
On 7/29114 before me, Andrew Waterbury. Tota ry Public
Date Here insert Name anci Title of the Officer
personaily appeared Arturo Ayala
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(X) whose name(o) is/=e subscribed to the
within instrument and acknowledged to me that helsbodamj
executed the same in hi authorized capacity(je*,
and that by his/benItlinit signature i(xi on the instrument the
person(s), or the entity upon behalf of which the person(l)
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 1c, sea].
Signature_
Place Notary Seal Above &gnafure of Notary Public Andrew Waterbury
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:faithful Performance Bond
Document Date:7/29/14 Number of pages: Three
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name:Arturo Ayala Signer's Name:
El Individual El Individual
El Corporate Officer—Title s): El Corporate Officer—Title(s).'
El Partner—El Limited El General El Partner—0 Limited El General
G6 Attorney in Fact El Attorney in Fact
El Trustee El Trustee
El Guardian or Conservator 7Top of 7thumbhere El Guardian or Conservator Top of"thumb here
El Other: El Other
Signer Is Representing: Signer Is Representing:
ID2007 Nalional Notary AssociWicin•9386 De Solo Ave,,on,Box 2402•Chatsworth,CA 91313-24G2-voow.Nafionalldotarysr g ltern#5907 Reorder:DO Tell-Free 4 800-876-6827
This bond was issued intwo(2) Bond Pio. 388997P
identical counterparts, THE FINAL PREMIUM 1
PREDICATED ON THE
FINAL CONTRACT PRICE
LABOR AND MATERIAL PAYMENT BOND
Whereas, the City Council of the City of Redlands, State of California, and Airtte Heating and; Air
Conditioning_(herelnafter 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 August 19,2914„and identified as is hereby referred to and made a part hereof;and
*replacement of Air Conditioning units at Various City Buildings_Project Number QOL05282014
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 9009) 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
Dollars ($559,993.99) for materials furnished or labor thereon of any bind, 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 bored shall insure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 5(commencing with Section 9999)of Part 6 of Division
of the Civil Code,so as to give a right of action to them or their assigns in any snit 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 daily executed by the Principal and surety above named, on
July 29th _,2014
,
(SEAL) (SEAL)
Indemnity Coman f California Indernnit Con-veny of California
(Cot j (Surety
m
( °gn urej ignature) Arture4yeey-in-Fact
Address
Soo S. Kraemer Blvd. Suite 300
Brea,CA 92821
(Seal and Notarial Acknowledgment of Surety) Telephone( 14) 784-5660
CCI-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On 7/29114 before me, Andrew Waterburv, Notary Public
Dater Here Insert Name ana Title of t Offer
personally appeared Arturo ala
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(x) whose name(g) ishsim subscribed to the
within instrument and acknow1odged to me that he&bmftzy
executed the same in hi sir authorized capacity(imo,
and that by his/beiV5twic signature(s)on the instrument the
J, person(s), or the entity upon behalf of which the person(N)
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 cial sea /1"11
Signature
Place Notary Seal Above &itnailtrrartf Notary Public Andk4 Watkbarg,
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Payment Bond
Document Date:7129/14 Number of Pages: One
Signer(s)Other Than Named Above-,
Capacity(ios)Claimed by Signer(s)rr
Signer's Name:Arturo Ayala Signers Name:
El Individual El Individual
El Corporate Officer—Title(s): El Corporate Officer—Title(a):—
El Partner—0 Limited El General El Partner—0 Limited El General
Attorney in Fact. Attorney in Fact
El Trustee Sam El 171 Trustee
• Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
• Other. El [ether:
Signer Is Representing: Signer Is Representing-
02007 Nafinnal Notary Association-9350 De Sato Ave,PO,Box'2402-Chatsworth,CA 91 31 3-24 02-www.lqalionaiNotary.org 1tem$59017 R&Drder:Call Toll-Free 1-800-876-6827
POWER OF ATTORNEY FOR Bond No. 388997P
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
""Dwight Reilly, Daniel Huckabay,Arturo Ayala,jointly or severally'
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008_
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President orany Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary orAssistant Secretary this January 1st,2008.
BY� ca,� c?a:ry',y�.•'•O'"pAND
PAN
Y QOPresident V p9A?0
`Daniel Young,Vice-
OCT.
wOCT.5
By: )�k
Y'^
1 9 3 6 h` 1967
Stephen T Pate,Senior Vice-President >�-.,
State of California '•.,?3Q .!Qy p..���ia�� 9</FOFI�� a
County of Orange '� * ,
On January 31,2011 before me, Antonio Alvarado,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Stephen T.Pate
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislhedlheir authorized
AWON10 ALVAPADO capacity(les),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
COMM.#1860643 which the person(s)acted,executed the instrument.
NOTARY PUBLIC CA FORMA� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGECOUfflY true and correct.
My comm•00=Au0 8,2013
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attomey remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 29th day of July 2014 .
By: +1 r
regg Okur , istant Secretary
ID-1380(Rev.01111)