HomeMy WebLinkAboutContracts & Agreements_64-2020 PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 15th 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 Bill and Dave's
Landscape Maintenance, Inc hereinafter ("Contractor") City and Contractor are sometimes
individually referred to nerein as a "Party"and,together, as the"Parties"
In consideration of the mutual promises contained herein City and Contractoi agree as follows
1 SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following Install irrigation, stone cobble, decomposed granite, staging boulders and various
plants and trees at the corner of Redlands Boulevard and Ford Street, complete all items as
required by the Contract Documents (as herein defined) and Specifications for Crty's Ford Street
and Redlands Boulevard Landscape Improvements Project FCS 10012019KG (the "Work")
2 CONTRACT SUM. City shall pay Contractor the sum of Sixty Eight Thousand Eight Hundred
Twenty Three Dollars Twenty Five Cents ($68,823 25) 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 twenty calendar days (20)
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 ini 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
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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 wntten 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 1caldjmlAgreemenis1Bil1&Dave's Landscape Maintenance PW Contract 4 7 20 docjn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
City of Redlands
(SEAL) ��((��
By� X1r
Paul W Foster,Mayor
ATTEST:
fatitet,49..e.
e Donaldson, City Clerk
(SEAL)
l \ c-mjc-cue_ Lriq
_1\1?-3
Name of Contractor
By
Signature of Auth ed Agent
Title /
Signature o u onzeid Agent(if necessary)
Title
Contractor's License No
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WORKER'S COMPENSAHON INSURANCE CERTIFICATION
Description of Contract City of Redlands
Facilities&Community Services Department
FCS10012019KG
Redlands Boulevard and Ford Street Landscape Improvements Project
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways
a By being insured against Iiability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
b By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer, or as one employe' 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 NE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for 'NA/oikers' Compensation of 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 §1 i361)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, 1 shall not employ any person in any manner such that I become subject to the
workers.' compensation laws of California However, at any time, if I employ any person such that I
become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self-insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct
Dated this JS fit, day of Ayr+ I ,2020
_SY
(C actor)
--- 2- (Signature)
iure)
--- (Ofciaitle)
(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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Premium Subject To Adjustment Bond No 100492911
Based on Final Contract Price Premium $2 065 00
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California. and Bill and Dave s Landscape
Maintenance, Inc (hereinaftet designated as 'Pi incipal") have entered into an agreement dated
Apt il 7, 2020 (Agreement") whereby Principal agiees to install and complete certain public
improvements (the "Woik''), which said Agreement is identified as Ford Street and Redlands
Boulevard Landscape Improvements Project 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 foi
the faithful performance of the Woik, now, therefoie, we, the Ptincipal and, U S Specialty
Insurance Company, as Surety, are held and firmly bound unto the City in the penal sum of Sixty
Eight Thousand Eight Hundred Twenty Three Dollars Twenty Five Cents ($68,823 25) lawful
money of the United States, fot the payment of which sum we bind ourselves, and out 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 inclpal, his of its heirs,
executors, administrators, successors oi 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 per formed at the time
and in the manner therein specified, and in all respects according to then true intent and meaning,
and shall faithfully fulfill the one-yea' 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 Woik, the above obligation
shall hold good foi a period of one (1) year oi longer if required by the Agreement after the
acceptance of the woik by the City, doting which time if the Principal shall fail to make full,
complete, and satisfactory repair and replacements and totally piotect the City from loss of 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 Piincipal remains
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option
Complete the Woik in accordance with its terms and conditions, oi
2 Obtain a bid or bids foi completing the Woik in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsive and responsible bidder,
arrange foi a contract between such bidder and the City, and make available as woik progresses
sufficient funds to pay the cost of completion of the Work less the balance of the Agreement pi ice,
but not exceeding, including other costs and damages foi which Surety may be liable hereundei the
amount set forth above The term "balance of the Agreement price," as used in this paragraph,
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shall mean the total amount payable to the Principal by the City under the Agreement and any
modifications thereto, less the amount previously propel ly 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
(SEAL) (SEAL)
Bill and Dave's L ds e Maintenance, Inc U S Specialty Insurance Company
ontractor) (Surety)
BY
OF
(Signature) (Signature) -: i S . torney in Fact
Address U S Specialty Insurance Company
625 The City Drive S Suite 205 Orange CA 92868
(Seal and Notarial Acknowledgment of Telephone( ) (714)740-7000
Surety)
L Icaldim\Agreements\Bill&Dave's Landscape Maintenance PW Contract 4 7 20 doc.jn
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 Riverside )
On April 15,2020 before me, Jeanne L Seiler Notary Public
(insert name and title of the officer)
personally appeared Tyler Leidenfrost
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
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 official seal �-. JEANNEL SEILER
Notary Public—California
Rivers{de County y
1/44- � Cammissian 2214121
',11'' Icy Comm Expires Oct 12 2021
Sign Lure (Seal)
Premium Subject To Adjustment Bond No 100492911
Based on Final Contract Price Premium Included On Performance
LABOR AND MATERIAL BOND Bond
Whereas, the City of Redlands, State of California, and Bill and Dave's Landscape
Maintenance, Inc (hereinafter designated as "Principal") have entered into an agreement (the
"Agreement") whereby Principal agrees to install and complete certain designated public
improvements (the "Work"), which said agreement, dated April 7, 2020, and identified as Redlands
Boulevard and Ford Street Landscape Improvements Project 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 Sixty Eight Thousand Eight Hundred Twenty Three Dollars Twenty Five
Cents ($68,823 25.) 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 heremabove 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 April 7 , 2020
(SEAL) (SEAL)
Bill and Dave's Landscap intenance, Inc U S Specialty Insurance Company
tractor) (Surety) (�
BY
(Signature) (Signature) Pa S Attorney-in-
Address U S Specialty Insurance Company
(Seal and Notarial Acknowledgement of Surety) 625 The City Drive S, Suite 205, Orange, CA 92868
Telephone ( )(714)740-7000
L\caldjmlAgreements\Bil3 X Dave's Landscape Maintenance PW Contract 4 7 20 doc.jn
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 Riverside )
On April 15,2020 before me, Jeanne L Seiler Notary Public
(insert name and title of the officer)
personally appeared Tyler Leidenfrost
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
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 official seal � JEANNE L SEILER
Od. Notary Public-Califomia
ti Riverside County
r Commisscn ft 2214121
1y Comm Expires Oct 12 2021
Signal (Seal) — — .` .r --
TOKIO MARI N E
H C C
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS
That, U S SPECIALTY INSURANCE COMPANY(the "Company ) a corporation duly organized and existing under the laws of the State of
Texas and having its principal office in Houston Harris County Texas does by these presents make,constitute and appoint,
PAUL S DITO
its true and lawful Attorney in-fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and
deliver bond number 100492911 , issued m the course of its business and to bind the Company thereby in an
amount not to exceed One hundred thousand and 00/100 ( $100.000 00 )
Said appointment is made under and by authority of the following resolutions of the Board of Directors of U S Specialty Insurance Company
"Be it Resolved that the President any Vice-President any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and
is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) in Fact to represent and act for and
on behalf of the Company subject to the following provisions
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings including any
and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts and any and all
notices and documents canceling or terminating the Company's liability thereunder and any such instruments so executed by any such
Attorney in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached"Adopted by unanimous written consent in lieu
of meeting on September 15€,2011
The Attorney-in Fact named above may be an agent or a broker of the Company The granting of this Power of Attorney is specific to this bond
and does not indicate whether the Attorney in-Fact is or is not an appointed agent of the Company
IN WITNESS WHEREOF,U S Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President
on this 18€i'day of December 2017 °nu,nrlirr
emu•'
� � '+ '3 U S SPECIAL INSURANCE COMPANY
State of California =
n_
County of Los Angeles Y�S� By Ai&V
•um5�aa``'.
Adam S Pes in, Senior Vice President
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
On this 1 Si day of June 2018 before me Sonia 0 Carrejo, a notary public, personally appeared Adam S Pessin, Senior Vice President of
U S Specialty Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument
the person 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 official seal SCNIA,O CARRc10A
I:piary F,:6tl: �alyprp'.a
j Lcf Fi ifl I Cc3niy
C:,-y P, i, C.i9411 f
Sig nature (seal) My Comm hX.1,1pr 4
I, Kio Lo, Assistant Secretary of U S Specialty Insurance Company do hereby certify that the Power of Attorney and the resolution adopted
by the Board of Directors of said Company as set forth above are true and correct transcripts thereof and that neither the said Power of
Attorney nor the resolution have been revoked and they are now in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of April 2020
Bond No 100492911 i isura
"y o?P �o
tea_.
ilk
-- :o'er I I1FA
Agency No 4658 � •d^ Kio Lo, AssisTr Secretary
S
HCCSZZ POAUSSIC0612018
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visit tmhcc cam/surety for more information
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 Orange _ }
On {1) 7 2O?0 before me, _ Angela K Kim,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Paul S Dito
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(} whose name(k} is/
subscribed to the within instrument and acknowledged to me that he/gM/411W executed the same in
his r/t ixauthorized capacity(l ), and that by hisfrtezttixar signature()on the instrument the person(},
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
ANGELAK Kbv WITNESS my hand and official seal
Notary Public-California
3canecountY09i8
H1y Comm,Expires April 202) Signature
o Notary Public
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 Bono, i DOA '1 l` Document Date
Number of Pages Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Paul S Dim Signer's Name
i..1 Corporate Officer — Title(s) Li Corporate Officer — Title(s)
H Partner — L.J Limited P1 General LI Partner — L1 Limited Li General
Li Individual KI Attorney in Fact L_1 Individual i 1 Attorney in Fact
I I Trustee I I Guardian or Conservator 1_1 Trustee 1...i Guardian or Conservator
LI Other LI Other
Signer Is Representing Signer is Representing
s �av: 'f d c tr#: C' g3:s`m t _.7.4:c.^c?
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