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HomeMy WebLinkAboutContracts & Agreements_65-2020PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 15tb day of April, 2020, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter ` City"), and B R Frost 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 Redlands WWTP MBR System Equipment Installation, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Redlands WWTP MBR System Equipment Installation. Phase lA - Project No 73348 (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of one hundred ninety six thousand eight hundred twenty dollars ($196,820) 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 sixty calendar days (60) 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, Agreement, Performance Bond, 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 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 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 L IcaldjmlAgreements\B R Frost Company Public Work Contract 4 15 20 docxin 20I04 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 L lcaldiin\Agreements\B R Frost Company Public Work Contract.docx in IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: Donaldson, City Clerk City of Redlands By Paul W Foster, Mayor B R Frost Company Name of Contractor (SEAL) Signature of Authorized Agent Bruce R Frost, President & CEO Title igna e of Authorized Agent (if necessary) Craig S Frost, Vice President & General Counsel Title 832554 Contractor's License No L 1caldjmlAgreements\.B.It Frost Company Public Work Contract.docxin WORKER'S COMPENSATION INSURANCE CERTIFICATION Descnption of Contract City of Redlands Municipal Utilities & Engineering Department Redlands WWTP MBR System Equipment Installation Phase IA - Project No 73348 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, 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 X 1 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 woikers' 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 e day of 2020 (SEAL) R Frost Com. an (Signature) (Official Title) Craig S Frost Vice President & General Counsel (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 ) L 1cald,jm\Agreemcnts\B R Frost Company Public Work Contract.docx jn Bond No.: 72255005 Premium: $5,905 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and B.R. Frost Company (hereinafter designated as "Principal") have entered into an agreement dated April 7, 2020 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Redlands WWTP MBR System Equipment Installation, Phase lA - Project No 73348 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 Work, now, therefore, we, the Principal and, Western Surety Company, as Surety, are held and firmly bound unto the City in the penal sum of one hundred ninety six thousand eight hundred twenty dollars ($196,820) 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 Work, the above obligation shall hold good for a period of one (I) 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 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 Work in accordance with its terms and conditions; or 2 Obtain a bid or bids for completing the Work 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 L IcaldjmlAgreements\B.R Frost Company Public Work Contract.docx jn Bond No.: 72255005 amount set forth above The term "balance of the Agreement puce," 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 Work 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 April 7 , 2020. B.R. (SEAL) cost Company, Inc. (Signa e Western BY. Blake A Address etv Company (Surety) (SEAL) tSi ature) f iister,Attorney--in--fact 101 S Reid #300 Sioux Falls SD 57103 (Seal and Notarial Acknowledgment of Telephone (800) 331-6053 Surety) L•IcaldjmlAgreements\B,R. Frost Company Public Work Contract.dociqn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1199 A notary pubic or cither 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 validly of that document. State of California County of Orange OnADri1 2. 2020 before me, Date personally appeared ) ianne Nahina, Notar Public Here Insert Name and Title of the Officer Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persona whose name(s) ls/ap subscribed to the within instrument and acknowledged to me that heieleafftet executed the same in hisf*WAher authorized capacity(**.), and that by hissW4000rlt` signature(*) on the instrument the person0), or the entity upon behalf of which the person(, acted, executed the instrument. I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �,°fTyFa LiANNE �lA!•IiNA % � > COMM # 2314283 70 I t� NOTARY PUBLIC•CAUFORNIA N Signatur . ' ORANGE COUNTY Signature of Notary Public MY COMM. EXP DEC 5, 2023 i Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Dom Bond 722550 0 5 Number of Pages' Signer(s) Other Than Named Above: / A None Document Date: A p r i l 7, 20 20 Capacityoes) Claimed by SIgner(i) Sir's Nom: Blake A. Pfister O Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General D individual IN Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer Is Representing' Westrn, Surety Company Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact Q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 02014 National Notary Association • www NationaiNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Blake A Pfister, Indlvldually of Mission Viejo, CA, its true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Law printed on the reverse hereof, duly adopted, as indicated by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of August, 2018 State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aulT Bruflat Vice T Vice President On this 24th day of August, 2018, before me personally came Paul T Bruflat to me known, who, being by me duly sworn did depose and say that he resides in the City of Sioux Falls, State of South Dakota, that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires June 23 2021 J MOHR )DAKOROTARY TA ROTARY c'uw.o WSJ CERTIFICATE 1(;:—/Y74011/1 J Mohr Notary Public 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force and further certify that the By -Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7th day of April 2020 Form F4280 7 2012 WESTERN SURETY COMPANY L Nelson Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Bond No. 72255005 LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and B R Frost 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 April 7, 2020, and identified as Redlands WWTP MBR System Equipment Installation, Phase lA - Project No 73348 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 one hundred ninety six thousand eight hundred twenty dollars (5196,820) 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 m 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 April 7 , 2020 (SEAL) (SEAL) B.R. Frost Company, Inc. Western Sur y Com an (Contractor) /' (Surety) BY• / 7 (Signature) g� ((Si natur Ac dresse A Pfis er, torney—in--fact (Seal and Notarial Acknowledgement of Surety) 1 01 S Reid # 3 0 0 Sioux Fa l i s Sd 571 0 3 Telephone. (8 0 0) 3 31— 6 0 5 3 L 1caldjmlAgreements\B R Frost Company Public Work Contract.docx jn CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1199 A notary public or cher 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 Ora.nge On April 2, 2020 before me, Date personally appeared Lianne Nahina, Notary Public Here Insert Name and Title of the Officer Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/ Al ay executed the same in authorized capacity*, and that by his'P*l1 ION signature on the instrument the Person0), or the entity upon behalf of which the perms acted, executed the ir ume t - I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tnie and correct WITNESS my hand and official seal 40-°;LIANNE NAHINA COMM # 23142$3 70 NOTARY PUBLIC•CALIFORNIA Signature ORANGE COUN1Y Signature of Notary Public • MY COMM. EXR DEC S,10P3 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document R nn cd 7 7 7 n n 5 Document Date: April 7, 2 0 0 Number of Pages: Signer(s) Other Than Named Above: N / A , Non e AMIlleimsaMirap Com) Claimed by Sl (s) Signer's Name: Blake A. Pfister O Corporate Officer — Title(s)• O Partner — ® Limited D General 0 Individual ® Attorney in Fact O Trustee 0 Guardian or Conservator O Other Signer Is Representing es er Surety ompany Signer's Name: 0 Corporate Officer - Title(s)' 0 Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing' ©2014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Blake A Pfister, Individually of Mission Viejo, CA, its true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of August, 2018 State of South Dakota County of Mmnehaha } ss Wl S y DraL WESTERN SURETY COMPANY aul T Bruflat, Vice President On this 24th day of August 2018, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporation My commission expires June 23 2021 J MOHR earnnPUR.rc SOUTH WOW CERTIFICATE .1 Mohr Notary Public 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force and further certify that the By Law of the corporation printed on the reverse hereof is still in force In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 7th day of April, 2020 mss" R�rr *sly/ 40'14;, pet 1Nrf Form F4280 7 2012 WESTERN SURETY COMPANY L Nelson, Assistant Secretary Go to www cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize The President any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile