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HomeMy WebLinkAboutContracts & Agreements_76-2022PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 17th day of May, 2022, 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 Engineermg (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 Phase II Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project, Project No 400015 (the "Work") 2. CONTRACT SUM City shall pay Contractor the sum of Nme Hundred Eighty -One Thousand One Hundred Fifty Two Dollars and Five Cents ($981,152 05) 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 One Hundred Fifty (150) calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor 4 LIQUIDATED DAMAGES. Contractor's failure to complete the Work within the time allowed will result m 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 this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other rehef, 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 m 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 m writing and include the Inca \djm\Agreements\Universal Construction and Engineering Contract.PW 3 1.FY21 0110.doc.jn documents necessary to substantiate the claim Nothing m subdivision (a) of Pubhc 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 Pubhc 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 remammg provisions shall continue to be valid and bmdmg upon City and Contractor L\ca\djm\Agreements\Universal Construction and Engineering Contract.PW 3 1 FY21 0110.doc.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,OFREINDS By Paul T Barich, Mayor (SEAL) Universal Construction and Engineering dba Universal Construction Engineering Name of Contractor By Signature of Authorized Agent President Title Signature of Authorized Agent (if necessary) Title 1019619 Contractor's License No L \ca\dim\Agreements\Universal Construction and Engineerin6 Contract.PW 3 1 FY21 0110.doc.jn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract. City of Redlands Municipal Utilities & Engineering Department 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II 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 3rd day of May , 2022 (SEAL) Universal Univers Co rc ion and onstruction En• (Contractor) (Signature) President eering dba In (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 Contraet.PW 3 1.FY21 0110.doo.jn Bond No DVHNSU 0819612 FAITHFUL 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 May 17, 2022 ("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 Phase II, 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 nine hundred eighty-one thousand one hundred fifty-two dollars and five cents dollars ($981,152.05) 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, L:\ca\djm\Agreements\Universal Construction and Engineering Contract,PW-3.1.FY21-0110.doc.jn 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 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 Prmcipal 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 Pnncipal and Surety above named, on May 17 2022 Universal Const BY. (SEAL) g eering (SEAL) Harco National Insurance Com gnature) /{S>gn�atur Douglas J Rothey, Attorney-m-Fact Address 4200 Six Forks Road, Suite 1400 Raleigh, North Carolina 27609 (Seal and Notarial Acknowledgment of Telephone ( 919 ) 833-1600 Surety) L:\ca\dim\Agreements\Universal Construction and Engineering Contract.PW-3 1.FY21-0110.doc.jn State of COLORADO ss County of ARAPAHOE On May 17, 2022, 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 Cynthia M Burnett, Notary Public CYNTHIA M. BURNETT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944019211 MY COMMISSION EXPIRES DEC 8 2022 California Jurat Certificate 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 ss County of Riverside Subscribed and sworn to (or affirmed) before me on this 17th day of May 20 22 , by Alfonso Montes , proved to me on the basis of Narne of Signer(2) satisfactory evidence to be the person(s) who appeared before me JessiD Montes, Notary Public HDI J11iL-1 JESSICA D MONTES Notary Public California Riverside County Commission # 2372633 My Comm Expires Aug 28, 2025 Seal and OPTIONAL INFORMATION Although the information in this section is not required by law it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The certificate is attached to a document titled/for the purpose of Faithful Performance Bond containing 2 pages, and dated 05/17/2022 Method of Affiant Identification Proved to me on the basis of satisfactory evidence. O form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on Page # Entry # Notary contact. Other • Affiant(s) Thumbprint(s) ❑ Describe .It'IL4r at'urr.trR.fr.n'ttvr.1{Ac, r.n' tt.1.n ,rr.11 RAJ .11 HAI.11 13.1l'-11_13.v1.11IIAT.11 1Lv1-11'r5)9'.it,ALN]'a1'1<.%111.1e19'.n 11.i'.t1_1aV'.1L.t,t1'.S_I.Ly_p.11 lL11•-n'11.v1-tr11.v1.11 Itv1 2009 2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at www TheNotarysStore coin Bond No DVHNSU 0819612 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Universal Construction and Engineering (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 May 17, 2022, and identified as 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II, Project No. 400015 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 Matenal 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 m the aforesaid Code of Civil Procedure in the sum of nine hundred eighty-one thousand one hundred fifty-two dollars and five cents ($981,152 05) for materials funushed 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, compames 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 remam 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 May 17 , 2022 (SEAL) Universal Constr an Engine 7-(Contractor) BY (Signature) (Seal and Notarial Acknowledgement of Surety) (SEAL) Harco National Insurance € npany BY (S e (Si re) Douglas J R,othry, Attorney -in -Fact Address 4200 Six Fo .: Road, Suite 1400 Raleigh, North Carolina 27609 Telephone. ( 919 ) 833-1600 L:\ca\djm\Agreements\Universal Construction and Engineering Contract.PW-3 1.FY21-0110.doc.jn State of COLORADO ss County of ARAPAHOE On May 17, 2022, 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 Cy thia M Burnett, Notary Public CYNTHIA M BURNETT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944019211 MY COMMISSION EXPIRES DEC 8 2n22 POWER OF ATTORNEY Bond# DVHNSU0819612 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered. 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 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, 2021 ,,,,F,,, ��,1ti5UgR,. STATE OF NEW JERSEY STATE OF ILLINOIS oopvoa,�,�� f County of Essex ,/ / County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company EAL '91b 8 4 OVe t�P/f'a•1Ml On this 31st day of December 2021 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 Shlrelle 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 May 17 2022 A00911 Irene Martins, Assistant Secretary 1'It.'.T.11'12.\1'.11'12.\1'.11'11.v1'.11It.\'I' .11' It.vl'.l1' 14.\1.11 It.\'I• .I1 t.\.1'.11'It.\'1'.11'ti.l'1'.11'IL\'1'.It'It.\I'.11'It.\1'.I1'It.\1'.11'It.\'I'.11'11.\'1'.l1'It.\'t' .11 111.1' .11'I1.\1' .11 1t.\1'.11'1t.\'1' .It' 1t.\'I'.11'It. ' .14 It.\ California Jurat Certificate 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 ss County of Riverside Subscribed and sworn to (or affirmed) before me on this 17th day of May 20 22 , by Alfonso Montes , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Signature of Notary Public Jessica D Montes, Notary Public For other required information (Notary Name Commission No etc.) JESSICA D MONTES Notary Public California Riverside County Commission # 2372633 My Comm Expires Aug 28, 2025 Sent Month and OPTIONAL INFORMATION Although the information in this section is not required by law it could prevent fraudulent removal and reattachment of this jurat to an unauthorized docurnent and may prove useful to persons relying on the attached document Description of Attached Document The certificate is attached to a document titled/for the purpose of Labor and Material Bond containing 1 pages, and dated 05/17/2022 tmatig? Method of Affiant Identification Proved to me on the basis of satisfactory evidence O form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on Page # Entry # Notary contact. Other 111 Affiant(s) Thumbprint(s) In Describe. `Il'IL\J'a1'IL\'1'al'I2.V'•11'lid'1'.1l'It Cra1'It v1•al'R.\'1'•1111L1:.11•Rx' .11'g.\T.II• It.1J'...•IL\T.II UAT.11.ItAl....•11.\•r.n•l;,\9'a2.12y'.n' ii,vrauiLv' .lI'1?.vr.11 ud'r ar HAT .,l'levrat• llAr.n'u.\'r.11•IIA © 2009 2015 Notary Learning Center All Rights Reserved You can purchase copies of this form from our web site at www TheNotarysStore com