HomeMy WebLinkAboutContracts & Agreements_110-99_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of November, 1999, 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 NBl General Contractors of the City of Redlands,
County of San Bernardino, State of California, hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows:
1. SCOPE OF WORD: The Contractor will furnish all materials and will perform all of the work for the
following:
To perform construction and installation of the Community Center Renovation Project, Phase IIl
project, complete, all as shown, specified, and made a part of Contract No. 23-6810-2960.
2. THE CONTRACT SUM OF: $329469.00
3. TIME FOR COMPLETION: The work shall be completed within thirty(30) work days from and
after the date of the Notice to Proceed.
4. CONTRACT DOCUMENTS: The complete Contract includes all of the contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond,
Agreement, Workers' Compensation Insurance Statement, Performance Bond, Payment Bond, Plans and
Specifications,all referenced specifications,and any Addenda thereto.
5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or
conditions of this Contract the prevailing party shall, in addition to any costs and other relief, be entitled
to recovery of its reasonable attorney's fees.
6. DEFENSE OBLIGATION: The Contractor shall defend the City, its elected officials,officers,agents,
and employees from and against any and all claims,losses,damages, and causes of action, including death,
brought by any person or persons for or on account of any wrongful or negligent act or omission of the
Contractor,its employees or agents in connection with the performance of the Contractor's obligation under
this Contract.
7. INSURANCE: All policies of insurance required by this Contract shall name the City, its elected
officials,officers, agents, and employees as additional insureds, and such insurance shall be primary with
respect to such additional insureds and non-contributing to any insurance or self-insurance maintained by
the additional insureds.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
CITY'S SEAL
Ilk
By:
Mayor, City of Redlan
County of San Bernardino, California
ATTEST:
o rL' �z�
Cityerk, City of s
Cou ty of San B di�California
NBI General Contractors
Natne of Cone ct
f
z
CONTRACTOR'S SEAL By:
Si;nat e of Authorized Agent
s
k
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title of necessary)
435915, ClaSS
Contractor's License No.
WORKERS' COMPENSATION INSURANCE STATEMENT
I, the undersigned and authorized agent for the Contractor, 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 under the City's Contract No. 23-6810-2960.
NBI General Contractors
Name of Contract
By:
Signat a of Authorized Agent
. Of
Signatory's Title
435915, Class B
Contractor's License No.
PERFORMANCE BOND
BOND NO. U287 90 53
INTIEREAS. the City Council of the City of Redlands, State of California(hereinafter designated as "City").and
NBT Genera: Contractors(hereinafter designated as "Principal")have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which by said agreemen, dated November
16, 1999, and identified as Contract No. 23-6810-2961), 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 furnish a good and suffici-crit faithful performance bond with the City,
NOW, ITIEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto
the i_ty in the sum of THIRTY TWO THOUSAND FOUR HUNDRED SIXTY NINE 00/160 dollars
) for the payment of which surr, well and L11%ily robe inade, we bind ourselves, our neirs,
successors, executors and administrators,jointly and severally, firmly by these presents.
The condition of this obligation is such thzt if the above bounded Principal, his or her heirs, executors,
administrators,successors or assigns,sh-a;l in alt 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 her 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 shah defend, indemnify and save harmless the City, its electttd
officials, ofticers, agents, and employees, as therein stipulated, then this obligation shall bt:cornc 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 artioutit specified therefor,there shall be included
costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such
obligation,all to be taxed as costs and included in any judgement rendered.
The surety hereby stipuates and agrees that no change, cx,ension of time, ;Oieraiion or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anvwise
affect its obligations on this bond, and it does hereby waive notice of any such change. extension of time, alteration
or additio-to the terms of the agreement or to the work or to the specifications.
IN WITNESS 'WHEREOF, this instrument has been duly executed by the Principal and surety na.,ried, on
NOVEMBER 30
1999.
NBI GkT
VERAL CON. F�ROTORS iSptL) UNITED PACIFIC INSURANCE COMPANY
P-incipal "N Surety EAL)
By.
Sig STEVEN`R.'HUIVIMEL ill
700 N. BRAND BLVD., STE. 1250
GLENDALE, CALIFORNIA 91203
'Seat and Nosarim Arkvwmrdxmeni(,f Soretv, (818) 547-6723
w •. t ■ ■ • ]� r •a •
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are Corporations duty organized under the lases of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a Corporation duty organized under the taws of the State of
Wisconsin(herein collectively called"Use Companies)and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Kenneth D.Buller,Steven R.Hummel,Julie Schaller,of Irvine,California their true and lawful Attomey(s)4n-Fad,to make,execute,seal and deliver
for and on their behalf,and as their ad and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to
the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and sealed and attested by one other of such officers,and hereby ratifies and confirms all that their said Attomey(s)-in-Fad may do in
pursuance hereof.
This Power of Attorney is granted'under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY,and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect,reading as follows:
ARTKIF VII-MCUTM of eOHDS AND UNDOUMNGS
I- •rhe Board of Directors,the Prmideac,rhe Chapman of the Board.any Senior Vice ftvskk t,-a"Vitt Psnirkaa of Asl�uot Vice Presdent err ober officer
nleai�sh■wti by the Bogs of Dcectors�have
power d authority to(a)appoint AStpvey(s) refuel and w authorm them to execute ear bdudf of the Company,bonds and�MkxW,amognaaaces, of mdeam[y and other vnntlW ablipnxy in
saeke aaAue
dsereof,and(b)to temove any swb Anorney(s)-in-Fact at any time and revoke the power and authority given to them
2. Anormy(s)-m-Fact shan have power ate authority,sub)tct to the bmw and limitufoas of the Pawn of Attorney mwed to thm, to eaaeute ww dcihw on behalf of#Company,bonds and oedertakings,
reeogniraneea,COB"=of indemnity and other writings oNtgatory in lie anov thereof: The corporate seal 0 not necessary for the validity of any bolds and undertakings reoogniranoa,contracts of iedoomity and other
wreta p obligatory in the aawre dheroof.
3. Attorney(s)-in-Fact shall have power and authority to execute aff rAlts required to be attached to bonds,rantniramm,contracts of indemnity or other conditional or aWWttary hmdet"kitigs and they inti
also have power and authority m certify the financial swernetu d the Company and to topica of the By-taws of tie Company or any article or aeaiou thaw f.
This Power of Attorney a signed and sealed by fea mik under and by asuiorilY of lbe Mowing resolution adopted by the ExecatNt and Fmm=Committees of the Boards of Ddwors of Reliance Insurance Company,
United Pacific Ins,uaoce Cotttpasry and RsA&=Nsuonai Inde-mAky Company by Unanimous Consent doted as of February 29,1494 and by the Exavt)ve and Fuwr at Committee of the Board of Dirootas of Relewce
Suety Company by Unanint w Consent dated as of March 31, 1994.
-Resolved tbat the sistnhues of such deutors and offnee"and the seal of the Company may be affueed to.any speh Power of Attorney or any certificates retonq Cham by rattsimik,and nay such
Power of Attorney a ouUfkate bearing sash facsirn k ugoatutes or faathtak sai duel be paid wd biadirq open flit and
WW fa sm"k mat 0"be void and bmdi�upon the Compaey,in the future with i any wei Power ser executed and certified by faesimte signage
rWwra m twr kr.tl a pndersafcittg to which it is atuhched."
IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this August 5,1998.
RELIANCE SURETY COMPANY
s *Fre Ka°ay 68� '
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
"SERELIANCE NATIONAL INDEMNITY COMPANY
7g
STATE OF Washington ) —
COUNTY OF King )ss.
On this, August 5,1998,before me, Laura t..Wadsworth, personally appeared Mark W.Atsup,who acknowlwt d hir s. tf to be the Vice President of
i the Reliance Surety Company,Reliance Insurance Company,United Pacific Insurance Company,and Reliance National Indemnity Company and that as
such,being authorized to do so,executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duly authorized officer,
In witness whereof,I hereunto set my hand and official seal.
111
Notary Public in acrd for the State of Washington
Resicring at Puyallup
1,Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPA01Y,UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and forrig:.'s s�true and correct copy of the Power of
Attorney executed by said Companies,which is still in fitN force and effect.. .
1N WITNESS WHEREOF,I have hereunto set my handandaffixed me seals of said Companies this-? gay i _Hoa r�m>?er year of 1959
CpQ`POkt}ra�!y 211
` SEAL SEAL
E 4 lost1�
79 „ 3F Assistant Assistant Secatary
�t twr.�' moi. �nwanvt�" sy a ►
a t ■ a' r r r I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Orange ss.
County of
November 30, 1999 Sherie L. Bell, Notary Public
On before me,
Date Name and Title of Officer(e.g-."Jane Doe,Notary Public')
Steven R. Hummel
personally appeared Name(s)of Signer(s)
&I personally known to me
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
SHERIE L. BELL acknowledged to me that he/she/they executed
COMM.#1119419
NOTARY PUBLIC-CALJFOMA the same in his/her/their authorized
ORWE COUNTY capacity(ies), and that by his/her/their
My Comm.Exp.Dec.12,2U
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my ha d and o cial seal.
6LL
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by lawit may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
L] Individual
Tor,cf thumb here
D1 Corporate Officer—Title(s):
D Partner Limited E]General
Attorney in Fact
Ll Trustee
E. Guardian or Conservator
-I Other:
Signer Is Representing:
OK 1997 National Notary Assoi:Aation-9350 De Soto Ave-RO Box 2402-Chatsworth.CA 91313-2402 Prod No 5907 Reorder Call Toil--,ee 1-800-876-6827
PAYMENT BOND
BOND NO. U287 90 53
WHEREAS, the City COUTICE Of the City of Redlands, State of California(hereinafter designated as "City"), and
NBI General Contractors(hereinafter designated as 'Principal")have entered into an agreement whereby Principal
agrees to install and complete certain designated public improvements, which by said agreement dated November
16, 1999. and identified as Contract No, 23-6810-2960, -s 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 furnish a good and sufficient labor and materials rsymrnt bond with the City to ser-lare the z1attris to
which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code or
the State of California,
NOW, THEREFORE, said Principal acrd the undersigne-d as corporate surety, are held and firmly bound unto
the City and all contractors, subcontractors, laborers, materialmen, and any other parsons employed in the
performance of the aforesaid a reement and!,referred to in the aforesaid Civil Code of the State of California in the
sum of THIRTY TWO aforesaid
FOUR HUNDRED SIXTY NINE 00/100 dollars
(S 32,469.GG— -_ ) 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 arricant
riot exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition
to the face mount thereof, costs and reasonable expenses and fees, including reasonable attorney's 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 judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and .0 person;,
companies and corporations entitled to file claims under Tide 15 tcornmeacing with Sec*ic-i 3082) of Pan 4 or
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 becorne null and void:otherw;sc it
shall be and remain in felt 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 to the work to be performed thereunder or the specifications accompanying the same shall in anywise
affect its obligmions 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.
IN WITNESS VaEREOF, this instrument has been duly executed by the Principal and surety named, on
NOVEMBER 30 1999.
NBI ENERAL CONTRACTORS (9E,40 UNITED PACIFIC',INSURANCE COMPANYSEAL)
Principal Surery
By: By
Signvwc STEVEN R. HOMMEL
700 N. BRAND BLVD., STE. 1250
GLENDALE, CALIFORNIA 91203
Heat and Motarbul Acknowfedg wtm of Surtly) (818 547-67*413
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
i
ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA
POWER OF ATTORNEY
f �
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a
corporation dory organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duty organized under the Iaws of the State of
Wisconsin (herein coliectivety called "the Companies")and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Kenneth D.Buller,Steven R.Hummel,Julie Schaper,of Irvine,Califomia their true and lawful Attomey(sHn-Fact,to make,execute,seal and deliver
for and on their behalf,and as their act and deed any and all bands and undertakings of suretyship and to bind the Companies thereby as fully and to
the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and seated and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect,reading as follows:
ARTICLE Vll-EXECUTION OF BONDS AND UNDERTAYJNGS
1. The Board of Directors,the Prrsid=.the Chairman of the Board,aay Senior Vice Presidem,any Vice Pmidear or Asswtaot Vice President or otter officer oft signated by the Board of Directors shall have
power and authority to(a)appoud Atumeyf%H- Fact sod to amhmize them to execute on behalf of the Company,bonds all undertakings,remgoiraner_t,cmwacu of indemriky and otber writings obligatory in the nature
thereof,and(b)to remove any such Atmracy(s)-m-Fact at em time and revoke the power and authority given to them.
2, A[tsxtfcy(s}-io-Fat:c shall have power and authority,wbjea to the taws sad limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Conv",bonds and undertakings,
recogniaaoces,contracts of indemnity and otter writings obligatory in the nature thereof. The eotporate sea!is not necessary for the valkdity of any bonds and mudertakings rczhg ,contracts of todemsiry and other
writings obligatory in the nature thereof.
3. Anorrey(s)-in-Fact shalt have pow=and authority w twcae affidavits required tube attached to bonds,rungnizanas,oagracts of indetunity or cher conditional or obligatory undertakings and they shall
also have power and autbarity to certify the financial statement d the Company and to topes of the By-Laws of the Company or any article or ssrtiaa thereof.
This Power of Attorney is signed and sealed by facsimiic under and by authority of the following resoh*imu adopted by the F.uanive and Finance Commiuus of the Botrds of Dirmnore of kdkncc Insurance Company,
United Pacific imurane Company and Mmoce National Indemnity Company by Unanimous Consent dated as of February 2g,1494 and by the Em=rivt and Financial Committee of de Board of Dirwtors of keliance
Surety Company by Unanimous Coaxre dated as of March 31,1444.
E
'Resolved stat the signatures of sxh dwt tors and officers and the seal of the Company may be affixed to any such Power of Attorney or any owufitaees relating thereto by fa s ile,and may such
Power of Attorney or certificate bearing Busch facstmik ugnat res or facsimile sed shall be valid and binding upon the Company and airy such Power so executed and catifted by farahnde sig®rttrres
and facsimile dal shall be valid and binding upon the Company,in the fume with respect to any bond or undertaking to which it n wacbed.'
IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seats to be hereto affixed,this August 5, 1898.
E RELIANCE SURETY COMPANY
IHo RELIANCE INSURANCE COMPANY
`c'E ,POq q,POg
v IM<2 UNITED PACIFIC INSURANCE COMPANY
o `v �m a a�c�
813AL r SEAL S9EA9 2}; RELIANCE NATIONAL INDEMNITY COMPANY
3 �99a '�}oma sf ' �92s Z�Tfy,CQ � S
�kt4�t�nE T '+r.-M�5 ■F`,'43Ytr� � • }� jjiff
— __
STATE OF Washington } lllllll
i5w-
COUNTY OF King )SS.
On this, August 5,1998, before me, Laura L.Wadsworth, personally appeared Mark W.Alsup,who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company,United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such,being authorized to do so,executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duty authonzed offer.
I
In witness whereof,I hereunto set my hand and official seal, �Was�h�ton Notary Public in andfor theState of
Residing at Puyaffup
i
t,Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY, IkVITF,J PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is -i tut and �_orract copy of the Power of
Attorney executed by said Companies,which is still in full force and effect.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this 30tlbd}-of �1'10vamver year of 1999
fflP Wm i j c`V
SEAL SEAL 1s9 590 �
? �'iy sCot ` � Assistant Secretary
I
jj
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Orange ss.
County of
On
November 30, 1999 before me, Sherie L. Bell, Notary Public
, ,
Date Name and Tillie of Officer(e.g.,-Jane Doe,Notary Pubic')
Steven R. Hummel
personally appeared
Names)of Signer(s)
C4 personally known to me
n 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
SHERIE L. BELL acknowledged to me that he/she/they executed
f COMM.#tt119419 n the same in his/her/their authorized
tiOTARypU&C CMRMA ca acit i , and that b his/her/their
OR"EC"TY p y(.es) Y
ply comm.Exp.Dec.112,2400 signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT S my hand and ffici I seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ________
Document Date: ______ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ="
0 Individual Too of thUTID here
0 Corporate Officer—Title(s):
i Partner— Limited 0 General �
Attorney in Fact i
C Trustee
D, Guardian or Conservator r
U Other. l
Signer Is Representing:
0 1997 National Notary Association-9350 De Soto Ave..P.O Box 2402-Chatsworth,CA 91313-2402 Prod,No,5907 Reorder Call Toll-Free 1-800-876-6827