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HomeMy WebLinkAboutContracts & Agreements_166-2021PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 7th day of September, 2021, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Universal Construction and Engineering (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: 2021 Citywide Sidewalk and ADA Ramp Replacement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2021 Citywide Sidewalk and ADA Ramp Repair Replacement Project, Project No 400015 (the "Work") 2. CONTRACT SUM: City shall pay Contractor the sum of Three Hundred Seventy -Seven Thousand Two Hundred Forty -Nine dollars and eighty-two cents dollars ($377,249 82) as consideration for its performance of the Work in accordance with the terms and conditions set forth m 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 Ninety (90) calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City 4 LIQUIDATED DAMAGES. Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of 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, 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 this Contract, or 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:\ca\djm\Agreements\Universal Construction and Engineering Contract.PW 3 1.docx.jn 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project. 9 ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS. City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor L:\ca\djm\Agreements\Universal Construction and Engineering Contract.PW 3 1.docx.jn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST: e Donaldson, City Clerk City B Paul T Bench, Mayor (SEAL) Universal Construction and Engineering Name of Contractor By. Signature of Authonzed Agent President Title Signature of Authorized Agent (if necessary) Title 1019619 Contractor's License No. L \ca\djm\Agreements\Universal Construction and Engmeermg Contract.PW-3 1 docx jn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department 2021 Citywide Sidewalk and ADA Ramp Replacement Project Project No. 400015 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 I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §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 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 10th day of August , 2021 (SEAL) Universal President struction and Engineplln• (Contractor) Signature) (Official Title) (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:\ca\djm\Agreements\Universal Construction and Engineering Contract.PW-3 1.docx.jn Bond No. DVHNSU 0771104 MITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Universal Construction and Engineering (hereinafter designated as "Principal") have entered into an agreement dated September 07, 2021 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as 2021 Citywide Sidewalk and ADA Ramp Replacement Project, Project No. 400015 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, HARCO NATIONAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City in the penal sum of three hundred seventy seven thousand two hundred forty nine dollars and eighty two cents dollars ($377,249,82) 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 (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 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;\oa\djm\Agreements\Universal Construction and Engineering Contraat,l?W-3.1.doox jn 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 subcontractoi 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 of 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 of addition to the terms of the Agreement or to the work or to the specifications No fmal 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, m addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September 07 , 2021. (SEAL) UNIVERSAL CONSTRUCTION AND EN6,INEERING (Contractor) G' (Signature) (Seal and Notarial Acknowledgment of Surety) ** PLEASE SEE ATTACHED ** CALIFORNIA NOTARY CERTIFICATE HARCO NATIONAL INSURANCE CO ANY (Sure BY: (SEAL) ) Dougl-s J Rothey, Attorney -in Fact Address 4200 Six Forks Road, Suite 1400 Raleigh North Carolina 27609 Telephone ( 919 ) 833 1600 L \ca\djm\Agreements\Universal Construction and Engineering Contract,P W-3 1 docx.jn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cr<Y (crueac-:rcX mr rc ec-r ccrc cs r- fcre (c cccrr� 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 _ l/c- DENA M CEDILLO, NOTARY PUBLIC Ono / / ( 9 before me, Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) 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 DENA M CEDILLO Notary Public - California Riverside County Commission # 2230553 .oiri •. l My Comm Expires Feb 8, 2022 Place Notary Seal Above 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 Signature,---) Signature of Notary Public 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 DocumentStts ;-��,v�oua�.^[�a Document Date ilk (e a Signer(s) Other Than Named Above /\.f Capacity(ies) Claimed by Signer(s) Signer's Name- 0 Corporate Officer - Title(s). ❑ Partner — ❑ Limited ❑ Generals__ ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing nr Number of Pages 3 Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑_Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing - -ti�Cz���4'����5�_��� 02015 National Notary Association • www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907 State of COLORADO ss County of ARAPAHOE On September 07, 2021, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Douglas J Rothey known to me to be Attorney -in -Fact of HARCO NATIONAL INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above My Commission Expires December 8, 2022 C4nthia M. Burnett, Notary Public CYNTHIA M. BURNETT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944019211 MY COMMISSION EXPIRES DEC 8, 2022 Bond No DVHNSU 0771104 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Universal Construction and Engineering (heremaftei 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 September 07, 2021, and identified as 2021 Citywide Sidewalk and ADA Ramp Replacement Project, Project No 400015 is hereby referred to and made a part hereof, and Whereas, undei 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 rn Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of Cahforma 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 three hundred seventy seven thousand two hundred forty nine dollars and eighty two cents dollars ($377,249 82) 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 m 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 Prmcipal and surety above named, on September 07 , 2021 (SEAL) (SEAL) UNIVERSAL CONSTRUCTION -AND -ENGINEERING/ i (Contractor) (Signature) (Seal and Notarial Acknowledgement of Surety) " PLEASE SEE ATTACHED •• CALIFORNIA NOTARY CERTIFICATE HARCO NATIONAL INSURANCE COMPANY Dojlas J Rothey, Attorney in -Fact Address' 4200 Six Forks Road Suite 1400 Raleigh North Carolina 27609 Telephone' ( 919 ) 833 1600 L \ca\djm\Agreements\Universal Construction and Engineering Contract.PW-3.1.docxin "HARCO NATIONAL INSURANCE COMPANY 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� p DENA M CEDILLO, NOTARY PUBLIC On P /9-031 before me, Date A personally appeared k S Sc\ Here Insert Name and Title of the Officer Name(s) of Signer(s) 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 DENA M CEDILLO Notary Public - California Riverside County Commission # 2230553 My Comm Expires Feb 8 2022 Place Notary Seal Above WITNESS my hand and official seal OPTIONAL Signature of Notary Public 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 Docume t Document Date / �'a :?_, "yam, Number of Pages Signer(s) Other Than Named Above G acity(ies) Claimed by Signer(s) Sigribr's ame ❑ Corporate is — Title(s) ❑ Partner — ❑ Limite eneral ❑ Individual ❑ Attorney in -rat ❑ Trustee ❑ Guardian or Conservator- ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other Signer Is Representing ©2015 National Notary Association www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 State of COLORADO ss County of ARAPAHOE On September 07, 2021, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Douglas J Rothey known to me to be Attorney -in -Fact of HARCO NATIONAL INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above My Commission Expires December 8, 2022 Chia M Burnett, Notary Public CYNTHIA M BURNETT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944019211 MY COMMISSION EXPIRES DEC 8, 2022 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 Bond # DVHNSU 0771104 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint DOUGLAS J ROTHEY, CYNTHIA M BURNETT, KIM PAYTON, ERIK ULIBARRI Denver, CO their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof which are or may be allowed, required or permitted by law statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December 2018. 'RESOLVED that (1) the Chief Executive Officer President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December 2020 STATE OF NEW JERSEY County of Essex STATE OF ILLINOIS County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31 st day of December 2020 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April 4 2023 I the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF I have hereunto set my hand on this day September 07 2021 A00911 Irene Martins, Assistant Secretary