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HomeMy WebLinkAboutPuma Construction Job Order Contract Bid 12303112 -CH Public Counter ADA Modifications - 4th FL Proj - 9-28-23 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 company, (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(D, "Technical Specifications" and the "Specifications" including "General Conditions" and "Special Conditions" for the following: Job Order Contracting for General Building Construction Bid File 12303112 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 Twenty Eight Thousand Three Hundred Twenty Three Dollars and 941100 Cents 28 323.94 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 City Hall Public Counter ADA Modifications - 4th FL Project Project ID FA00007 Work Order No. J23.05-03. 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. DPW-S 35 O.pdf 1.16 rev.02-14-18 6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: 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 FRES Company, a Californi rporation a Californi pa By: ", � By: / Kel PE Name: 14 � c� D ent of Public Works (Type or print written signature.) LA� '1) Dated: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) ATTEST: Dated: Z Z Z`1 Todd Stermer, CMC City Clerk By: By- Name- .�y ��1< _ f c�,�-� � (Type or print written signature.) No signature of City Attorney required. Title:_ o . P. Standard Document#DPW-S 35.0 has been (If corporation or LLC., CFO, use withou difcation, as certified by the Treasurer, dersign Secretary or As istant Secretary) Dated: ZZ Z By. ra 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 0 pdf 1.17 rev.02-14-18 CITY OFFRESNO Bond Number: 354-229-226 PERFORMANCE BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS:That PUMA CONSTRUCTION AND RESTORATION COMPANY as Principal(herein called'Prineipal')end The Ohio Casualty Insurance Company as,Suraty(herein called Surely)are held and firmly bound Onto The City of Fresno(herein caged'Obligee')In the just and full sum of Twenty Eight Thowand Three Hundred Twenty Three Doflamand 941011 Cents($28,323.84) lawful money of the United Stal"Of America(sold sum being equal to 100 Peroeitt of the estimated amount payable by the lermc of the hereinafter daseribed oontmco.for the payment or which,weP and truly to be made,we hefeby bbnd oursoives and otrra,and each of our, heirs,ex"UlarS,administrators,successors.and az$i rrc,}OInfty and severally firmly by em=Presents THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That WHEREAS,Principal has been awarded a Contract for the follo*ng dcscrlbod walk of improvement End Ts required by Obligee to g'rva this bond In connection with the execution of the wrifren contract therefor('inert s Grief desrafporl of saner of unpnyverranj): FA00007 CITY HALL PUBLIC COUNTER ADA MODIFICATIONS-4TH FL (BID FILE NO.J23.06-031 NOW,THEREFORE~If PdAcipal shalt well and Inrly do and perform each and vll Of the cavenanis,conditions,and o0recrnan� Of said contract on the Prfncpars part to be done and perfumed,and any and all aherations thereof made as tharein provided,at the floe and in fho manner thareln speeiffed,and shall indemnify and save harmtesa the Obligee,Its WROeM offldals,age nta,amployees sod votunleWs,as therein stWalad,then M obligation shall be ru7 and void:oj,orv&A.it shah remain in full force and effect As a part of the obligation sotvrud hereby and in addikh to the face amount spedfled therefor,them shell be Included costs and reasonable oxpenses and fees,including reasonable a"mey'c fees,incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and Included In any judgment rendared. No Wdenslcn of lime granted to the Principal ano no planga,aRefativn or addlllon in any of the terms of the c0ntfad or any a! the contract documano a the walk to be Pwfommd Oterevnder,whether made char notice or nil,shall roleaso or otherwise effect the oblige liana Of the Surely here undo r,end the Surety Waiver,noka of any such extanaton,rh anga,attemllori or add@an,The 3viety,by Ina amcution of this bond.cap rnents and warfantS that this bond has also been duty axetulsd by the PrinoloaI arrd proper authority.and the Surety hereby waives any dafenae which It mEght have by reason of any failure❑T the Principal try axecute or promo axe this band. II In witness wh area f,this instrument has been duly executed by file Principal and Surely above named,on thl at day of April 2o-24 PurnaCansauciionard rattanf:nm n Th hio Casualty Insurance Company PRINCIPAL Connie Smith, Attorney-in-factsURETY N Igqrmturo o1CNy a y rcquirad APPROVED: 13WEDacumen DPW aDosOused CdyMertegsr, rhisAtardeaignee Ithaut modlfcatfo as ce ft y the tynderslgned By: r Title: �Dmarmngj saecla5tL Tithe: Prl I vdt Department of Public Vvortes Date. DPW22.WS-31.11 FHNN DN t.pd' 1-32 rsV.a7-14 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�Wl that he/she is(are)the Attorney(s)-in-Fact of company The Ohio Casualty Insurance Com an ,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. `A',[+�+y ri1111 tl l l rl rryly�y g ` O Samuel Duchow,Notary Public My Commission Expires: 10-Dec-2025 fc1y� AUBL\C' Zvi .,� Op WiSG ,,. MY OFFRESNO Bond Number: 354-229-226 PAYMENT BOND PUBLIC WORK KNOWALL MEN BY THESE PRESENTS:That PLMA CONSTRUCTION AND RESTORATION COMPANY asPrin**i(herein calwd'r►;ndpap),,t The Ohio Casualty Insurance Company as Surety(haratn catled'Sumty')art held and firmly bound anlo"City of Fresno(heroln called'Ob,rgee')In the Just and full sum of Twenty ElshtThousandTriree Hundred TwerrtyThroo Dollars and 241100 Conts(328,323.94) lavdut motley of the Unilev[S tes of AmeAm(said sum being equal to 100 percentolthe e3timal8d emvuntpayable by the terms of the hemInaPAr described Contract),for the payment of whirl+,wan and t"W be rnpdo,wa hereby bind our&ervas and ours,and each of our,heirs,axeculars, administraterx,successors,and assigns,jointly and aeveraffy flare y by thOSS presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH.That WHEREAS.Principal has been avrard¢d a can Vast Far Ore fotlowing dos&W work of improvement and is required by Obligee to give this bond in wnnecl'on vvith the axecullan of the written contract therefor(rnserf brrerdasta'fpfian of nude orfrupmvemen*' FA00007 CITY HALL PUBLIC COUNTER ADA MODIFICATIONS-4TH FL (BID FILE NO,J2S.05.03) NOW THEREFORE,if Prfncipal or subcantrsclom of Primpal shall faa to pay arty of the persons nomad in the Seddon 91DO of the CNJI Ccde,or amounts due undw ft Unemployment Insurance Coda vdth respell to work or tabor performed by any such daimarrt or prevailing wages duo and panattles inclrrted pursuant to Sedons 1774,1775.1813,or 1815 of the Labor Code,or for any amounts required to be deducted, withheld.and paid over to the Employment Development DeplIM11841 from the wages of 9mpbyees of the Principal and subcontraclars pursuant to Stdian 13020 of the Unemployment Insurance Code,wilh respect to the work and labor,the Surety will pay for the aarna.In an amount not exceeding Ifto Sum apecifiad above,end also,in case suit Is brought upon this bond.wig pay,In additdon to the face amount thereof,coats and reaSonoblo oxponsaa end fees.tnduding reasonable attornoy's flea.Incufrad by Obligee in filoWssfuliy onfordag this obligation,to be awarded arid fixed by the court,and to be taxed as Costs and to be included In tho judgment therein rondamd- The berwrit of this bond steal Inure to any or Ore persons named In Sectbn 9100 of the Ciw Code So as Ida give the right of acbDrl to those persons ee dtaIr assigns in any suit brought upon this bond. Should the Condition ofthts bond be f jly performed,then this obligation shall become null and void,otherwise It shall be and remain in full force and effect NO exlafislan Of time granted to the Prirteipsl and no,change,alteration or rldditlan in eny of Ow terms of the conlraCt or any of the conbat:l documents or the work to be aerformed thereunder,whother made after notice or net,sha11 re law*or elhenvse affect the obligations of the Surety hereunder,and the Surety waives no5W of any such exferision,dianga,allemden or addition.The Surety.by the execution of this band,represents and warrants that this bond has aiSO been duty executed by the Pr lic'pal and Pieper authority,and the Surety hereby waives any delen9e which It might have by feason of any failure of the Principal to execute or property exatute IhIs hoed. In witness whereof,this Instrument has been duly executed by the Principal and Surety above named,on thalLat day of April ,2D_,4 pumncanaruetf d Coh�ar� The fOhio Casualty Insurance Company PRINCIPAL Connie Smith, Attorney-in-factSURETY Na care of City A[lomoy required APPROVED ndarti DocumOrlt` 3Z0 has been used City Manager.or r desigaee ithout modiTico4ia as c rtie dry the undarslSnsrd. By: By: TiUo: m Iionce Titia n R t DePartrnent of Pubr c Works DPW3201124412 FHWA DN Lod �.� rev-W-14 This Power of Attorney limits the acts of those named herein,and they have no authority to T y L bind the Company except in the manner and to the extent herein stated. LIUe� Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certificate No:8206417-354057 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 Steinagel;Christopher M Kemp:Connie Smith,Eliot Motu;Kory Mortel;Michael J.Douglas-,Robert Downev:Sam Duchow all of the city of Hudson state of W] each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as Rs 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 INsob 4SY revs& � >xsu'� The Ohio Casualty Insurance Company h��Goswn�rgyn g3P4oarur�TRV� �aP�Q"P°'fir yC1 WestAmedcan Insurance Company r ; 1912wo 0 s�1919 1991 o yE 00 Y�e.�+e:.ug a y�3H�essv5 a L� �s,3•yalaMA�db By: 7 M * David M.Carey,Assistant Secretary m State of PENNSYLVANIA ss - E 0 County of MONTGOMERY c o a, L 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 C)m 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 1r.2 at > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �X Co (D= 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. Uy eL3 d❑ o �a PAS) -� kr p;:rr. fi< ComrnonHTalui of Pennsylvania•Notary Seal }..... i ,yj¢O t Teresa Pastella,Notary Public [p N O ti x v Montgomery County p�� RF My commission expires March 211,2025 By• �� a) C f`C Commission number 1125nM4 N�, 14 MerriW,Pennsylvania nssaclal[vnoINOWies Ere5a Pastella,Notary PubEic Q o0 Nrn AFfy P a N N 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 o oo oo o•� Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: C•,) " (D ARTICLE IV-OFFICERS:Section 12.Power of Attorney. C:)ey. � c�`a o 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- . c may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all C—_ > a) undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full- o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall o a) Z U 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 m 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. t6i? ARTICLE All-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 allomeys-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,recognizances and other surety obligations.Such attorneys-in-fact subject to the 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 if 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 attorneys-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,recognizances 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 certified 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 fnsurance Company,and West American Insurance Company do hereby certify that the original power of attorney 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 effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I st day of April 2024 INSU qY IN&& 1Nsu,h 1a�4apvn� �J� ftl'�yy� NX a 1912 n a 1919 n cc 2 1991 0 cnus y° �h+M4g'` �b +'s. •NolAs�* der By Renee C.Llewellyn,Assistant 5eL7etary LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 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_Com_ 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 ord: ��'��� L�D��a,�,'''�•, ,00 ,,�,OTAR '. - Samuel Duchow,Notary Public US L, t My Commission Expires: 10-Dec-2025 �Iop IN;!SGtiI�``t`'