HomeMy WebLinkAboutPuma Construction Bid 9549-1213204 Job Order Contract - Garage #4 Roll Down Gate - 9-24-20 JOB ORDER CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a
California municipal corporation (City), and Puma Construction and Restoration Company, a
California corporation (Contractor) as follows:
1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid
Proposal," and the "Job Order Contracting Special Conditions," "Construction Task Catalog@,
"Technical Specifications" and the "Specifications" including "General Conditions" and "Special
Conditions" for the following: Job Order Contractin for General Buiildin Construction Bid
File 9549-1213204 copies of which are annexed hereto, together with all the drawings, plans, and
documents specifically referred to in said annexed documents, including Performance and
Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract,
and shall be known as the Contract Documents.
2. Price and Work. For the monetary consideration of PO,628.63 as set forth in the
Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good
and workmanlike manner, under the direction and to the satisfaction of the City's "Engineer," and
in strict accordance with the Specifications, all of the work as set forth in the Contract Documents,
the Garage #4 Roll Down Gate Proiect ID FA00007 Work Order No. J02.4-27.00.
3. Payment. City accepts Contractor's Bid Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the
Contract Documents.
4. Indemnification. To the furthest extent allowed by law including California Civil Code
Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers,
officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited
to personal injury, death at any time and property damage) incurred by City, Contractor or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of performance of this Contract. Contractor's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or volunteers
are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs
or damages caused by the active or sole negligence, or willful misconduct, of City or any of its
officers, officials, employees, agents, or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City
and each of its officers, officials, employees, agents and volunteers in accordance with the terms
of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section
6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees
to comply therewith.
6. Worker's Compensation Certification. In compliance with the provisions of Section
1861 of the California Labor Code, Contractor hereby certifies as follows-
DPW-S 35.0.pdf 1.16 rev.02-14-18
I am aware of the provisions of Section 3700 of the California Labor Code
which require every employer to be insured against liability for worker's
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 work of this Contract and will make my
subcontractors aware of this provision.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by City shall be subsequent to that of
Contractor's, and this Contract shall be binding and effective upon execution by both parties.
Puma Construction and Restoration CITY OF FRE
Company, a Californi c al corporation
a California cor or
By:
By: -� w/pi
st,
r sects Department
Name: ����� P�r*a �
(Type or print written signature.) Dated: I7
Title: y.0
(If corporation or LLC., Board Chair, ATTEST:
Pres. or Vice Pres.) Todd Stermer, CIVIC
Dated: City Clerk
By. Y- 8 -202�
BY, Deputy Date
Name: ���14 �� .• No signature of City Attorney required.
(Type or print written signature.) Standard Document#DPW-S 35.0 has been
Title: �, C used without modification, as certified by the
(If corporation or LLC., CFO, dersigned.
Treasurer,
Secretary. orAssistant Secretary) gY
Dated:/Z if`L Debra McGary
Const. Compliance Specialist
Capital Projects Department
City address:
City of Fresno
Capital Projects Department-Admin Div.
747 R Street-2"d Floor
Fresno, CA 93721
DPW-S 35.O.pdf 1.17 rev.02-14-18
CITY OF FRESNO Bond Number: 354-229-225
PAYMENT BOND
PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:That PUNA CONSTRUCTION AND RESTORATION COMPANY
asPdRcpal{h0refn called'Principal')and Casualty Insurance Company
4 SIlfety ft[Oln cellad lumM are held and firmly bound onto the City of Fresno(harain called'ObSgee')In the just am fun sum of
Elghbr Thousand SIX Hundred Twenty Efpht Qallara and Whoo Cenbs(S0DA211.a3)
lawful money of the Unaed shins ofAmerisa(said sum neing equal to 1t1(}percerttof 1ht!esGmatad amaiirhtpayable Lyt to tarmx ofiheharo natter
described Contract}.far}i a gasmen!of whfrl�, 11 and lruryy low M40,we hereby byte aursaAts and ours.and each or our.heirs mmmlors,
adfiirft#atoss.successors,and euIpM jakn yi and ssverally ft*by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That
YVIfEREAS,Pfint9pal has boon awarded a contract far the fa!!oving dasczaUd Kotk of bnprove nant and is requiEd by Obligee to give
this bond in eonnecBon with the etrecution of the vm'Iten rantmct therefor{insvrt brief deacnpf:oo of-.Wx of L-nproveman4,,
FA00007
GARAGE#4 ROLL DOWN GATE
(010 FILE NO.JDZ4-2T.00)
NOW,TI-[EREFORE.If Principal or subcontractors of Principe}shall fad to pay any of the persons noosed in the SecOon SI00 of the
Civil Coda,Or Morinh3 due under the Unemployment Insurance Code with respect to work or tabor performed by any eurh cfaimont or pravaifinp
wages due and penalties incurred pursuant to Sections 1774.1775,1613,or 1a1S of Iho La bar Code.or far any omounta iaqufred to be deducted,
withheld,and paid over a;'he Employment Devatopment Dppanrnent from the wapos of empfoyeee of the Principal and subcontractors pursuant
to Soclian M20 or the unamployw ant Imranre{ode,with rasped to Iha work and labor.the Surety will psy for the same,In an amount net
sxCWS;hg the sum Spodrad above,and Mso.in case suit is broughI upon this bond,wltf pay,in addition to the fare amount thereof,costb and
reasmrablo rxpprisu and fees.+tsetuding raasonebte attorney's WS.incurred by Ob5gea in successfully enfwdng this obrgalfon,to be awarded
and fired by the court,and IQ be taxed as cosh and to be Included N ft judgment Umrdhh randemid.. The benofil of INS bone shall Inure to any
of the persons named In SoCson ai OD or I h a Civil Cade so as to give the rF Id of netion!a shoso parson or their aWgna in anysult brought Upon
thfb bond.
Shoia the mndoioa of this band be fully performed
run form iota a7adt ,than this obogation shall be="Mill and vDid,otherwise it shag be and remain in
No"ancion of Nma granted to the Prkxr pal and ro change,aheralton Or nddiWn In any of the term*of Ute contract or any of the
contract doeuments cr the work bW be performed thereundar,vrftolbor made nhor notice or net,shall release or orharwua affect tha obNaWas of
the Surety harounder,and thil surety waims notka of any sucA emLnsian,change,alterafion or adcfrlior4 The Surety,by the excwlfan Of ft
bone[.reptaaerKs and wwmns that this baW has also baud*execuied by the Pncc'Pal and P""W su0tarity and the Surety hereby thrums
any do fen W which it might have by reason or any fallure of the PrmrisaI ID en=I&or property execute INS bond.
In witness whereof,Ihls his11"Lln tt hag been duly executed by the Principe!and Surety above named,an fha1 Stagy of AEL,20 24
FumaCa.Istnuton ern n Th hio Casualty Insurance Company
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'""PA` Connie Smith, Attorney-in-fact SURETY
NO nis why or chy Anornoy rrquirad. APPRtSVED
son axumem ,
t n Men
s en Used
the Clly Manager or ' ardastgnda whit m ifkatlon, catti9 by tubwatgrwd
By: I
By:
Title: 1 n S ul Title: Pero ' a
Dapaftrrtent of ptrbbt W04
Qota: ��L
DPW 7ZOIIZ 20-12
FH!NA ON tsar 1 .i
hsv.a7-t4
ACKNOWLEDGEMENT OF SURETY
State of Wisconsin
County of St.Croix
On this 15t day of April, in the year 2024 before me personally Come(s)Connie Smith Attorney(s)-in-Fact of
The Ohio Casualty Insurance Company with whom I am personally acquainted, and who, Being by me duly sworn,
says that he/she reside(s) in Hudson,WI that he/she is (are)the Attorney(s)-in-Fact of company The Ohio Casualty
Insurance Company, the company described in and which executed the within instrument;that he know(s)the
corporate seal of such Company' and that the seal affixed to the within instrument is such corporate seal and that
it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as
Attorney(s)-in-Fact of the said Company by like order..01111111ejer%'�R
y
Samuel Duchow,Notary Public
My Commission Expires: 10-Dec-2025
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r'''�.`o wi s� .�"''
CITY OF FRESNO
PERFORMANCE BOND Bond Number: 354-229-225
PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:That PUMA CONSTRUCTION AND RESTORATION COMPANY
asPtlncfPal(hereMcalled'Prindpar3a„d The Ohio Casualty Insurance Company
as Surely(heroin c4od'$uroty j are field and fitmly hound onto the City of Fresno(haroln caled'Obrigee')In the just and full sum of
199WThouennd ShrHendred TWanty 1=1ghf Dollars and 0100 Celfm(S80,028.e3)
latsfnl mOnOy Of the Unbd States of Arna files(Sold sure being equal to 100 pars t of the aatPnuwo otnount puyaulo by the trams of me
herainatter da7cr bed conoY ),for the paymonr Of wrtick woU And truly to he made.v]hereby bind our5ulven and Ours,and caa Of our,
heirs.exaculom.adminkt aters,suocessors,and 7ealgns.JoInVy and aavarang Frmly by tha4v Presanb-
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That
WHEREAS,Principe]has been awarded a oont met for the fallowing described wok of impmvemanI and is requited by Obrtgee
to give this bond in connection With fhg exemljon of the written canlmd therefor PLSIO f bd0f d&XnOkn Of tvwkvfNpvavemon1):
FA00007
GARAGE#4 ROLL DOWN GATE
(BID FILE Mo.J02.4.27J10)
NOW,THEREFORE.If pnndPol shad trrelr and truly do and perform each And all OF the covenants,cone nhns,and egreements
of sold Contract on the PrindpaPa part to be done and patfomtod,and any and an eitoraUorw thercdf made oa lheroln proyM0.n1 Iho time
and in the mannor lherefn syedltod,and Shalt lndamntfy and Sava harrnlesa the ObHgea,its olfkan,offWara.agents,dmployees and
velunraors,na ths min•t:pvtwwd,than thlb obligation 3na11 be null and void;nlhonvina,it Shall rontiain in run force and offeCt
As a part of the obligation serarrdd hereby and 4n addition to the face amount speomea therefor,there snau be Included casts
and reasonable ex az4m and foes,Including reawrlebre etlomey's fees,Incurred by obligee in sucveaafusy enforcing such obligation,
all In be laxod ae costs and Included In any Judgment rendered.
No extenSlen Of MO granted to the Principal and rro change,alfaraWn or addttlon in any of the termS of lhE Critics::;of any of
the Canlraef documerila or rite work t0 be Performed thereunder,whalher made alter nrL'se or noL shall release or DlherwAo elfeai Ore
obSptions of the Surety hereunder,and tha Surety vrdlves notice of any sonar erdension,changa,altaratlon or addition.The Surety,by
Iha a cufen of Ills band.rcprasanta and vrartaniS that Ih$bond has also been duly exacuk J try the Princppa[and proper aulhonly,and
Me Surety hereby waivas any defonse whirh it might have by reason of any failive of the Principal to"acute or properly execute Ills
bend
In witness whereof,this 6utrument has been duly exewted by the Principal and Surety above named,on the ls
2o2A. tday eF_A p rl
PumaConerrucrlonandResIn raLDPXampan The hio Casualty Insurance Company
PRINCIPAL Connie Smith, Attorney-in-fact SURETY
Ha sip ro Ctty Rruirnay utrad. APPROVED..
5undA Ilxurn+xtt9 t>,7a bean uaad CBy Menagsr. r hieRterdoaignOe.r�
Without R¢afl ,as rffflod by o undonlpned. 1'
By: ^ C
Syr_
Tule._�� sl«�frgSuT�L�-- True: P Anal t
Dvpanmanf of Pub]jr' urk3
Oaks. —C ~a
0PW 2264a3.3t.i t
FHWA DN l ydf 1.32
rev.d7-14
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This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Libert ( Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Certificate No:8206417-354057
Mutuals
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana[herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Chris
Stein ago L Christo her M.Kern p,Connie Smith;Eliot Motu;Kory Mortcl;Michael J.bouglas:Rot}ert Uowne ;Sam Duchow
all of the city of Hudson state of Wt each individually if there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for arld on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of October , 2021 .
Liberty Mutual Insurance Company
INsu�p tY INSU tNsU.6fi The Ohio Casualty Insurance Company
ti�Pc�"p"'�T n ya'�o ore, R9y �P�os�ORoTfn West American Insurance Company
� � rn � � �❑ n a- a ❑ rn
Y � 1912 � 0 1919� 0 4 1991 0 rn 0 0
r r s a) 0
its sAcrruSba y� ryAMPBI da �s 'Na1�Hr da
�77 * f•� 3yi •� ''M * S� By:
Cr os
m David M.Carey,Assistant Secretary
In State of PENNSYLVANIA
osy ss 2 ;=
County of MONTGOMERY
'� T
t.
a) On this 6th day of October 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
ca Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the purposes
a) therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Q
N c'3
�
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. ¢D U
E.N a0
to St' PAsr vZ:
O 4 rrw fi Commonwealth Of Pennsylvania-Notary Seal
f 11 7`
Teresa Paslella, Public
4l E E
� '�' � _ � Montgomery Coup County
Q N OF My commission expires March 28,2025 By- N
a 2 r Cornmission n Term Pastella
umber 1126044 Q LO
-zo- �y� Member,Peansyrrinis�wnrm at rlPterrn ,Notary Public o 0
�Fry v
912 a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 00
O•S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: Q M
00
ARTICLE IV-OFFICERS:Section 12.Power of Attorney. .26
v Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President 0
U may prescribe,shall appoint such attorneys4n-faal,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all m CID
may
underaakings,bonds,recogntzances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth In their respective powers of attomey,shall have full-v
o L power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When s❑executed,such instruments shall v as
Z L) be as binding as If signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this ° cu
article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ILL n
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,reeognizances and other surety obligations.Such attomeys-in-fact subject to ftle limitations set forth In their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as It
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such allomeys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizanees and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a cerdfied copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing Is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effev and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 st day of April 2024 .
►NSu qY INS& �y ►NSt1R4
�p�opro��y0 yJ oxaorrzr�gy VP opPoggr gC+
1912 a a 1919 n 1991 0 �,G•+t�y�
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d,3y8��ckus�D yQ��,+rnMeg`�,dD `ts, fHaiAs+�' .ab� y-Renee�.lewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02121
ACKNOWLEDGEMENT OF SURETY
State of Wisconsin
County of St. Croix
On this 1st day of April, in the year 2024 before me personally Come(s)Connie Smith Attorney(s)-in-Fact of
The Ohio Casualty Insurance Company with whom I am personally acquainted,and who, Being by me duly sworn,
says that he/she reside(s) in Hudson,WI that he/she is(are)the Attorney(s)-in-Fact of company The Ohio Casualty
Insurance Company, the company described in and which executed the within instrument;that he know(s)the
corporate seal of such Company' and that the seal affixed to the within instrument is such corporate seal and that
it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as
Attorney(s)-in-Fact of the said Company by like order.
.{{51{{11111111ffr�r.
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+ i Samuel Duchow,Notary Public
m
My Commission Expires: 10-Dec-2025
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