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HomeMy WebLinkAboutContracts & Agreements_33-2009AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of March, 2009, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City", and Olympus & Associates, Inc of the City of Reno, County of Washoe, State of Nevada, hereinafter referred to as the "Contractor" WITNESSETH That the City and the Contractor, for the consideration hereinafter named, agree as follows. 1 SCOPE OF WORK: The Contractor will furnish all materials and will perform all of the work for the following Constriction of the certain designated public improvements project, complete, as required by the Contract Documents and Specifications for RESERVOIR RECOATING AND IMPROVEMENTS PROJECT, Project No. 1-0973. 2 THE CONTRACT SUM: $1,063,020 m accordance with the terms and conditions set forth m the Contract Documents A. Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an Escrow Agreement as set forth in the Public Contract Code Section 22300. 3 TIME FOR COMPLETION The work under this Contract is to be completed within ninety (90) calendar days from and after the date of the Notice to Proceed 4 LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the time allowed will result m damages being sustained by the City Such damages are, and will contmue to be, impracticable and extremely difficult to determine The Contractor shall pay to the City, or have withheld from monies due it, the sum of $500 for each consecutive calendar day in excess of the specified time for completion of the work Execution of the Contract shall constitute agreement by the City and Contractor that 5500 per day is the minimum and actual damage caused by the failure of the Contractor to complete the work withm 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: The complete contract documents, under the Agreement, include all of the documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto. 6 ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of 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 CD 1 7 RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor in the amount of $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 Contracts 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 Contracts 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 any subcontractors agree to 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 hereto of any rights or interests raider this agreement will 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, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained m the Contract Documents. 11 SEVERABILITY: Any provision or part of the contract documents held to be void or unenforceable under any Iaw or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) ATTEST. City erk, Cityf ediands C. ty of San Benno, California (SEAL) City of Redlands (Owner) By L (//.`1V�'�, May , City of Redlands, County of S Bernardino, California UI . lA6c-cr�,c, QS Nam9fo�f C ntr By Signature� of Authorized Agent ; YQS1c\1A" Title Signature of Authorized Agent (if necessary) Title 'I'll L,11 Contractor's License No, CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineenng Department RESERVOIR RECOATING AND IMPROVEMENTS PROJECT, Project No. 1-0973 Labor Code Section 3700, provides, in part that "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 in one or more insurer 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 m 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 I am aware of the provisions of Section 3700 of the Labor Code which requires 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 the work of this contract (Labor Code section 1861) Dated this day of 2009 v=, wed A.oeo. Contractor) (SEAL) (Signature) ‘Ce -SNA ,\ - (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and fled by the Contractor with the Owner prior to performing the work of the contract) CD 4 CITY OF REDLANDS MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT NOTICE OF AWARD ACKNOWLEDGMENT PROJECT RESERVOIR RECOATING AND IMPROVEMENTS PROJECT PROJECT No 1-0973 Receipt of the above Notice of Award is hereby acknowledged by this, the � day ofC1yead z , 2009 By cgry, (Signature) (Pent Nan Y-e5kdeA (Title) BOND NO. 929465506 PREMIUM: $12,098.00 PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California, and Olympus & Associates, Inc (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated March 3, 2009, and identified as RESERVOIR RECOATING AND IMPROVEMENTS PROJECT, Project No 1-0973 is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the performance of said project Now, therefore, said Principal and WESTERN SURETY COMPANY , as surety, are held firmly bound unto the City of Redlands (hereinafter call "City"), in the penal sum of One Million Sixty- three Thousand and twenty Dollars ($ 1,063,020.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, 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 hers heirs, executors, administrator, successors or assigns, shall in alI things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified, and in alI respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, 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 the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety 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 anywise 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 u;tness whereof, this instrument has been duly executed by the Principal and surety above named, on !arch 9 2009 (SEAL) (SEAL) uLYMPUS & ASSOCIATES WESTERN SURETY COMPANY (n ontra or) (Signature) BY. (Surety) ('L9/ Lori Jones 01 ature) Attorney—In—Fact Address 2210 Plaza Dr., Rocklin, CA (Seal and Notarial Acknowledgment of Telephone (916—) 677-1391 Surety) CD 5 BOND NO 929465506 PREMIUM. Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Olympus & Associates, Inc (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated March 3, 2009, and identified as RESERVOIR RECOATING AND IMPROVEMENTS PROJECT, Project No 1-0973 is hereby referred to and made a part hereof, and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 of Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million Sixty -Three Thousand and Twenty Dollars ($ 1,063,020) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also to case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 said 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 March 9. 2009 ,2009 OLYMPUS & ASSOCIATES, INC (SEAL) (SEAL) WESTERN SURETY COMPANY ( a tractor 0 (Surety) BY (Signature) (Sig ature) Address 2210 Plaza Dr. Rocklin. CA 95765 (Seal and Notarial Acknowledgment of Surety) Telephone (916 ) 677_1191 CD 6 STATE OF Nevada COUNTY OF] Washoe On —C1- t , before me, Lois J Johnson, Notary Public personally appeared Lori Jones (here insert name and title of the officer) personally known to me (or 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 capactty()es), 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 WITNESS my hand and official seal Signature (SEAL) LOIS J JOHNSON Notary Public State of Nevada Appointment Wacorded in Wasive County No 95.0857.2 - Expires January 14, 2012 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLES) ❑ LIMITED ❑ GENERAL LI ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I0-1232 (REV 10106) ALL-PURPOSE ACKNOWLEDGEMENT Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby make constitute and appoint Teri Lynn Wood, Lori Jones, Kim Peyton, Individually of Reno, NV, its true and lawful Attomey(s) in Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Law printed on the reverse hereof duly adopted as indicated, by the shareholders of the corporation In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2008 State of South Dakota County of Minnehaha } SS WESTERN SURETY COMPANY Paul Bruflat, Vice Bruflat, Senior Vice President On this 5th day of December 2008 before me personally came Paul T Bruflat, to me known who being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires November 30, 2012 +444 ti44444ti444444ti4444444+ s D KRELL r i� NOTARY PUBLIC r i SOUTH DAKOTA i r +4444444444ti4....4444444 + CERTIFICATE D Krell Notary Public 1 L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force and further certify that the By Law of the corporation pnnted on the reverse hereof is sell in force In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this day of [ tL mac. 14-0() Cj Form F4280.09-06 WESTERN SURETY COMPANY • 24L"riet L Nelson, Assistant Secretary Authorizrng By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company Section 7 All bonds, policies undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary Treasurer or any Vice President, or by such other officers as the Board of Directors may authorize The President, any Vice President, Secretary any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to Issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile CITY OF REDLANDS MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT NOTICE OF AWARD ACKNOWLEDGMENT PROJECT RESERVOIR RECOATING AND IMPROVEMENTS PROJECT PROJECT No 1-0973 Receipt of the above Notice of Award is hereby acknowledged by GpXYrIcy, 7 SA CS S this, the 1\44" day of V CA .. , 2009 By (Signature) ( ovrAQ TS1c a S (Print N e) (Title)