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HomeMy WebLinkAboutContracts & Agreements_103-2022PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 21st day of June, 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 Urban Habitat (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 Brookside Avenue Median Island Landscape Rehabilitation Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Brookside Avenue Median Island Landscape Rehabilitation Project, Project No. 501002 (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of One Hundred Ninety -Three Thousand Eight Hundred Fifty -Five Dollars and Fifty Cents ($193,855 50) 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 Fifty (50) 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 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 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 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 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 L \ca\Agreements\Urban Habitat Contract.PW 3 1 FY21 0144 doc,jn Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT 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\Agreements\Urban Habitat Contract,PW 3 1 FY21 0144.doc.jn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST. ne Donaldson, City Clerk CITY 1 ANDS By Paul T Barich, ` ayor Name of Conter-7 ature of Authorized Agent Sti Title (SEAL) Signature of Authorized Agent (if necessary) Title Contractor's License No L \ca\Agreements\Urban Habitat Contract.PW 3 1 FY21 0144 docjn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract. City of Redlands Municipal Utilities & Engineering Department Brookside Avenue Median Island Landscape Rehabilitation Project Project No 501002 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 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 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 1 c::. day of 'S1, ` , 2022 (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) L \ca\Agreements\Urban Habitat Contract.PW 3 1 FY21 0144.doc.jn Issued in Two Originals FAITHFUL PERFORMANCE BOND Bond No GSM32055 Premium $2,792.00 Premium to be adjusted based on final contract amount Whereas, the City of Redlands ("City"), State of California, and Urban Habitat (hereinafter designated as "Principal') have entered into an agreement dated June 21, 2022 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Brookside Avenue Median Island Landscape Rehabilitation Project, Project No 501002 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, The Gray Casualty & Surety Company, as Surety, are held and firmly bound unto the City in the penal sum of one hundred ninety-three thousand eight hundred fifty-five dollars and fifty cents dollars ($193,855 50) 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 Af 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 111 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 m 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 ill 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 obhgations 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, mcludmg other costs and damages for which Surety may be liable L•\ca\Agreements\Urban Habitat Contract.PW 3 1.FY21-0144.doc jn hereunder, the amount set forth above The term "balance of the Agreement price," as used m 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 mstituted within the applicable statute of limitations period The sad 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 perfonned thereunder of the Specificatiorw accompanying the sanie shall m 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 abndge the right of any beneficiary hereunder whose claim may be unsatisfied The Prmcipal 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 June 21 , 2022 Urban Habitat Signature) (SEAL) (Seal and Notarial Acknowledgment of Surety) The Gray Casualty & Surety Company (SEAL) BY //1/ (S y) Matthew C Gaynor (SignaturAttorney-in-Fact Address 1225 West Causeway Approach Mandeville LA 70471 Telephone (760 ) 218 0535 L \ca\Agreements\Urban Habitat Contract.PW-3 1 FY21 0144 doc jn Rancho Mesa Insurance Services 06/21/202210.40 2793600014186 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number GSM32055 Principal. URBAN HABITAT Project: City of Redlands Brookside Avenue Median Island Landscape Rehabilitation Project KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Matthew C. Gaynor, Anne Wright, and Andrew Roberts of Santee, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000 00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26'h clay of June, 2003 " RESOLV.ED, that the President, Executive Vice f?sesident, any Vice 1 e sident, or the Socretary be add each or any of them hereby is aril prized to .execute a power of Attorney qualifying the attorney;:.Warned in the given Power of Attosntey to execute on behalf of the Company bonds„ undertakings,. and all contracts of surety, and that eatih or any of them is .hereby authorized to atte9tito the execution of such Power of Aittnrney and attach the, seal of the Company, and it is FURTHER RESOLVED, that the signature of such officers and the :soil of the Company:may be.allfi,xed to any such Power of Attorney:orito any .a ot+tificate relating thereto by facsimile, and any sui h'.Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall %be rrrding upon'iihe Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to whichs.ltds ,attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Stately Company have caused their official seals to be hereinto affixed, and tlaese presents to be signed by their authorized officers this 28th day of October, 2021 J0/0 Michael T Gray Cullen S. Piske President President The Gray Insurance Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 28th day of October, 2021, before me, a Notary Public, personally appeared Michael T Gray President of The Gray Insurance Company and Cullen S. Piske, President of The Gray Casualty & Surety Company personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne Flenican Notary Public Notary ID No 92653 Orleans Parish, Louisiana Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life 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 San Diego On June 21, 2022 Wore me, Daniel Bondesson, Notary Public (insert name and title of the officer) personally appeared Matthew C 'Gaynor who proved to me on the basis of sat€factory evidence to be the person(s) whose name(s) is/are subscribed to the withrrn 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 Signature (Seal) DANIEL BONDESSON Notary Public California San Diego Coi.nty Commission ; 2390193 `s=� / My Comm Expires Jan 10, 2026 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 June 21, 2022 before me, Teresa Angulo, Notary Public (insert name and title of the officer) personally appeared Brett Brennan 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 (Seal) TERESA ANGULO Notary Public California Riverside County Commission # 2343248 My Comm Expires Jan 24, 2025 Issued in Two Originals LABOR AND MATERIAL BOND Bond No GSM32055 Premium included in Performance Bond Whereas, the City Council of the City of Redlands, State of California, and Urban Habitat (hereinafter designated as "Prmcipal") have entered into an agreement (the "Agreement") whereby Principal agrees to mstall and complete certam designated public improvements (the "Work"), which said agreement, dated June 21, 2022, and identified as Brookside Avenue Median Island Landscape Rehabilitation Project, Project No 501002 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Prmcipal is required before commending the perfor nance 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 (comrnencmg 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 contradtors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure m the sum of one hundred.nmety-three thousand .eight hundred fifty-five dollars and fifty cents dollars ($193,855 50) 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 m 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, mcludmg reasonable attorneys' fees, mcurred by the City in successfully enforcmg such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be mcluded m 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 June 21 , 2022 (SEAL) (ignature) (Seal and Notarial Acknowledgement of Surety) (SEAL) The Gray Casualty & Surety Company (Sure BYC- Matthew C Gayn.r (SignatuAttorney-in-Fact Address 1225 West Causeway Approach Mandeville, LA 70471 Telephone ( 760 ) 218 0535 L \ca\Agreements\Urban Habitat Contract.PW 3 1.FY21 0144.doc jn Rancho Mesa Insurance Services 06/21/202210.40 2793600014186 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number GSM32055 Principal. URBAN HABITAT Project: City of Redlands Brookside Avenue Median Island Landscape Rehabilitation Project KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Matthew C. Gaynor, Anne Wright, and Andrew Roberts of Santee, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings ;duly called and held on the 26th day of June, 2003 "RESOLVED that file President, Executive Vice President, any Vice President, or the Secretary be and each tw any of them hereby. is authorized to execute a power of-kttnaney qualifying the,aittorney named. iati the given ihmer of Attorney to execute on bt.dsrulfrof the Company bonds, undertakings, and alheontracts of surety 'anal (that each or any of them is ikereby authorized to attest to the .mercution of such Itowortof Attorney, and to attach the seal of;theoCompany• and it is FURTHER RESOLVED that the signature a lsuch officers and the seal ofthe Company may be affixed to any:such Power of Attorney or to any certificate relating thereto by facsimile, and ,ariy such Power.o'f.Attorney or,eertificate bearing such facsimile gg,mature or facsimile:seat shall be binding upon the Company now and in the figure when so affixed with regard to any bond, undertaking or.eotitract of surety to 'which it is attached. IN WITNESS WIIEREOF The Gray Insurance Company ar'rr The Gray::Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 28a day of October 2021 Michael T Gray President The Gray Insurance Company State of Louisiana ss: Parish of Jefferson Cullen S. Piske President The Gray Casualty & Surety Company On this 28th day of October, 2021 before me, a Notary Public, personally appeared Michael T Gray President of The Gray Insurance Company and Cullen S. Piske, President of The Gray Casualty & Surety Company personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Leigh Anne Henican Notary Public Notary ID No.92653 Orleans Parish Louisiana Wvvt i1M Co" -- Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life 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 San Diego On June 21, 20.22 before me, Daniel Bondesson, Notary Public (insert name and title of the officer) personally appeartd Matthew C Gaynor who: proved to mew the basis,oaf satisfactory evidence to be the person(s) whosename(s) is/are subscribed to the within instrument and -acknowledged to me that he/she/they executed the same in his/her/their authanzed capacity(ies), a:nd That by his/her/their sign. 1ture(s) on the .r rstrument 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 Signature (Seal) DANIEL 60NDESSON Y/= Notarf Public California San Diego Ccunty Commission ; 2390193 a"‘ My Comm ExpiresJan 10, 2026 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 June 21, 2022 before me, Teresa Angulo, Notary Public (insert name and title of the officer) personally appeared Brett Brennan 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 (Seal) TERESA ANGULO Notary Public California Riverside County Commission /f 234324,9 My Comm Expires Jan 24, 2025 t