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HomeMy WebLinkAboutAgr 2009-12-02 (GD Nielson Construction)TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE Del Mar Middle School Safe Routes to School Proiect THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this ZND day of DfGt~+hb✓ , 2009, by and between the TOWN OF TIBURON, municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and + e 1,560 wsN A_,Pc J1C_A , 1:A c_-("Contractor"), whose principal place of business is t4l CA 14%&0 C>8-0 &A 9 4 511 In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the Del Mar Middle School Safe Routes to School Project ("Project") located in Tiburon, California more particularly depicted oft Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The Work includes items covered in Base Bid and Item No. 25 of the Additive Bid. The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PAYMENT See Section 5-1.7 of the Special Provisions of Contract Documents. Total compensation for the Work shall not exceed $ 153,235.43 without prior written authorization from the Owner. ARTICLE III TIME FOR PERFORMANCE Section 3.1 Time of Completion: See Section 8-1.06 of the Standard Specifications and Section 4 of the Special Provisions. Section 3.2 Liquidated Damages: Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the Special Provisions. The Parties acknowledge that time is of the essence in this Agreement and wish to void the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agre the Con actor shall pay to the Town the sum of $750 per day, for each and every calendar day's delay in finishing e work in exce s of the number of working days prescribed in Section 3.1 hereof. O TRAC R ARTICLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the A-1 Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Attention is directed to Section 7-1.01 A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code § 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the 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 the Work of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B The Contract Documents Exhibit C Bid Proposal (Pages P 1-P20) IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: By - Town Attorney Contractor's License No. 4 9 (1010 1 Expiration Date: C1 1,~p ( o TOWN OF TIBURON By 1- L,--- Town Manager A-2 Its I} . EXHIBIT A The Site The area of public right-of-way located in 9 locations in the Town of Tiburon, California described as: (1) Tiburon Boulevard (State Route 131) at Trestle Glen Blvd, (2) Tiburon Boulevard (State Route 131) at Stewart Drive, (3) Tiburon Boulevard (State Route 131) at Avenida Miraflores, (4) Tiburon Boulevard (State Route 131) at Rock Hill Drive, (5) Tiburon Boulevard (State Route 131) at Lyford Drive, (6) Avenida Miraflores at Felipa Court, (7) Avenida Miraflores at Hilary Drive, (8) Hilary Drive at Rowley Circle, (9) Hilary Drive at Howard Drive The work to be performed under this contract consists of construction of a sidewalk bulb out at the northwest corner of Avenida Miraflores at Tiburon Blvd. (SR 131), construction and modification of curb ramps and improved crosswalk striping at multiple locations, including striping, pavement markings, pedestrian barricades and related work including traffic control. The work will require construction area signs, acquiring Caltrans encroachment permit, and other miscellaneous items not mentioned above that are required by the plans, the Standard Specifications or these Special Provisions to be performed, placed, constructed or installed. A-3 EXHIBIT B Contract Documents • Project plans • Standard Specifications • Standard Plans • Special Provisions • Bid Book • Contract bonds required • Any supplemental agreements amending or extending work • Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified. • Pertinent portions of any other documents included by reference in the specifications, Standard Specifications, or Plans. A-4 TOWN OF TIBURON PERFORMANCE soap Premium: $3,299.00 tTrr Accarnpan}* Ccrrirr a`t1 Band N.. 5058525 WHSL AS. the Town of Tiburon, acring by and through the Depa.=crt of Pub& Works. has_aw&rjed to C:0n =czoc G . D , i P G~ n C`~~ n st rt ~t ion, Inc' hereafrer detstgnated as the "Conmctc r", a contract fur the: work describcd as fo&jws; Del Mar Middle School Safe Routes to School Project AND WHEREAS, the Contractor is requfre:d to f=ush a beard. in cotmectian with paid ccmmcz. guaranreruig the faithful prrEatmrepcr tlycrreif: (*)One Hundred Fifty Three Thousand Two Hundred Thirty Five & 43/100 NOW, THEREMU %T the undersgncd Cunrm.tor and Sumry arc held finny b=nd ro the Tenvn of Tiburon in the rum of - P) _ donors (s 153.235.43). to be paid ro said Town or irs terrain attomcy, its 5U=Cssota and a6dp& for which payment, well and truly to be made, we bind cmrwlves, our heirs, executa s 2=4 admirustracors, successaa or assigns, joihrltr and wwrally, firmly by clime grCF&Ms. THE Cal Dr]'JON OF TMS OBLIGATION IS SUCH. Thar if the Abp- bmmd Cm*tn#ctor, its he&b, executors, adi huostrmtors, succtssom or assigns, shall in all things stand to and ytltide by. MW will and Mdy keep and perfi rm the: vavc=ats, rondlt:.iuns and agetxsarssts in t.lrr foreg ng cuja L't and xny alumian thaxaf made as thetreitx provided, on hir. or tbeir part to he kept and perfrmr ed at the time and in the manna thae#n specified, and in ail rrsparts according to gear intrnt auad R,caning, and shall indemnify and save harmless tie Tawas of Tibumn, tts officer and agentxs,.,as therein stipulated, rhen this,abligation sh:+;li btcomr as be null and void, oThemnse it shall be and remain in full force and %tTue . W NA-TTNM WIMEO We have hem- tint o sa our Ws and seals on 19th day o. N ove m be L)p 0.9 Comces ce or cla hm rd" eo this bond - should be sent to the mrety at the faUuwing address. Nielson ons rue ion, nc. C_,nntractnr SureTec Insurance Company _ SureTec Insurance Company N amc of suirc (SEAL) __3933 5th Ave., Suite 300- San Diego' CA 92103 By ; Actorticcy-in-Facr Debbie L. Welsh NOTE Sipatures of those exmicing for the =rely crtust be prapedy adawwl*c& State of CaliEnrnia, Town of Tiburon c3MTIFICATE OF ACKNOWLEDGEMENT SEE ATTACHED on this .day of _ in the yeas 24_ befnre me s notary public in and for the_ TOwn of Tibumn. Persanany appcatn3 Ittto~u►gt to znr. to he the rsnxl whose tlrrorn .y,ia fact norm is subscribed to this inF.Yrurnent =a kwsn to me to :be the attorney M fatet.crf and aclmcm Je4ed tt• rt e tlrac he/she subscribed the name cd the said company tlu=tu as stixrtcy, And bLishrr c.+wn name as arwmry -in -facet. (SEAT,) Notary publjc COPY CALIFORNIA ALL-PURPOSE ACKN0WLEOGMENT State of California County of MARIN On November 19. 2009 before me, Donna J. Frowd , Notary. Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/am'subscribed to the within instrument and acknowledged to me that lie/she/executed the same in ttis/her/thetr authorized capacity(ies), and that by hks/her/tom signature(s) on the instrument the person(,s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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) Signature C~l DONNA J, FROWD r r.h CQMM. 01866131 NOTARY PUBLIC-CALIFORNIA O MARIN COUNTY 1 My Comm Expires October 22, 2013 COPY Premium: Incl. in Performance Bond Bond #5058525 TOWN OF TIBURON PAYMEN "r BOND (Section 3247, Civil Cock) (*)G.D. Nielson Construction, Inc. WHEREAS. The Foam of Uhurun , acts by anti t1hmugb the Public Works Depxm=r. hcrcaFm r Tefrrred to u► `Ubligw'. ltas aamtded to Conti=tcw _T *1 hrreafrer dmigmted as the "prtncipAm. a Cuntmrt fc+r the work dtscnbed as fallam: . Del Mar Middle School Safe Routes to School Project AM ,AA, said Principal as required to fiur ikh y baud in conncce = witli said contract., to secure the paynntm: of claims of htbocer& mee6mcs. material men and other per-mns as provided by law. IOW, TEMLEFORE. we the undersigned PrinctpA and Surety are land untn the Ob re in the sulfa of flan (s 153, 235.43 for which p2ymnt, we htnd numelves, jointly and srvrsally. (**)One Hundred Fifty Three Thousand Two Hundred Thirty Five & 43/100 TM COMMON OF THIS OBLIGATION IS SUCH, That if said Prtnripai or Ah, subccantn Ctors shall fail tr puy any of the persons vatr ed. in Gail Cn&- 5erxiun 3181, or amt ants due umber the Uncaisplaym=r Inn. mnor Code' with respect to work or labor pcdarmtd by mch claimant, or znry aatso=t.s required to be dtduttcd, withh6d, and paid ova to the Franchihe Tut Baud for the wages of craplaye" Of the Principal and his su'boonira mr:s pursuant to Section 29806 of the Revenue and Taxation €'.vde, a4rh mprct to such wale, and labor, that zlx sway herein will pay for the same in an almost not exceec ng the sauna sped&d in d* bond, otherwise the above obiiption shall be void In case suk is brought upon this hm)d. the surety win pay a realm hle attomgrs fee to fixed by the Court: This band AmD inure to the benefit c d any of the pcrsonb named in Civil ction 31 1 as``ta gle x right of action to such perwm or rhtir sassigm in any suit bTnughr upon this board t)acd: November 19 ,20 09 COMSP0.0a mce or claimf, Ttlating to this bond ' should be cent tsn the surety, at dw following addreW , n N11PIQnn ('nnctn it-tinn Inr• SureTec Insurance Company SureTec Insurance Company 3033 5th Ave., Suite 300 San Diego, CA 92103 Attomey-w-Fact Bebbie L. Welsh h`aM Signatures of those executing for the surety must be properly ackrgmiedged. sum of Caffor is TM M I county of C'TIiICATE OF ACKNOWLEDGEMENT SS SEE ATTACHED On this day of in thr ycu 0 ` befatc me , per-mmaily appeared pay known oo A~aQnn ak fora tae (or proved tea me on the basis of sati%actnry evident) to he the rwson whose acme is subsc Ud w tbi6 iustzumeht as tile atunn"-in-fact of _ and acknowledged to me that hefshc subscribed the now of the said rotnpuay thereto ass surety, and ht&4w own name as stborney-ita-facz_ .(SEAL) Notary Public COPY CALIFORNIA /ALL-PURPOSE ACKNOWLEDGMENT State of California County of MARIN On November 19, 2009 before me, Donna J. Frowd , Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/am'subscribed to the within instrument and acknowledged to me that lie/she/texecuted the same in ftis/her/their authorized capacity(ies), and that by hks/her/tom signature(s) on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. 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) Signature YUnx- r DONNA J. FROW© Q COMM, #1866131 D NOTARY PUBLIC-CALIFORNIA 0 MARIN COUNTY Wh 1 My Comm Expires October 22, 2013 COPY POA m: 510009 SureTee Insurance Company LIMITED PO`VER OF ATTORNEY iOt All Hed b Y y That SLaETEC NSU'RANCE COMPANY (the "Conipany' a Corporation dul organized and extstiah y g uzider tie laws of the State a 'exas, and avtng its pridcipal affic in 1~[oustan; 'Farris imty. Texas, does by these presents make,, constitute and appoint Michael B. McGowan, Donna J. Frowd, Debbie L. Welsh, Michelle L. Sweeney, Donna L. Welsh, Jessica L. Nowlin its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be r Resolved, that the President, any Vice-President, any Assistant Vice-President,, any Secretary or any ,Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and can behalf of the Cornpany subject to the fallowing pr visio is: Atlornev in-Fret may be given full power, and authority for and in the name of and of behalf of the Company, to execute., acknowledge anal deliver, any and ail bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terniinating the Company's iiability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Se it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed: to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsi-mile signature orfacsimile seal shall be valid and binding upon the .Cotrrpany with respect ta any bond or undertaking to which it is attached. Mdopted at a meeting hehl on 2e' of April, 1999) In Witnes Whereof f, SURETEC INSURANCE. COMPANY ha,s caused these presents to b signed by its President, and Its corporal seal to be hereto affixed this 28th day of October, A.D..2.008, SURETE IN's CE COMPANY BY, a B.J: lfi resident State of Texas County ofHarris ~GGGtyGG 4~ On this 28h day of October., 2048 before me personally'carne B.J. King, tome) now,,,.: who, being by me duly sworn, did depose and y;_ that he resides in 110 tons Texas, tftat he is President of SURETEC INSURANCE COMPANY, the company described in and which.executed the above instrument; iY= that he, knows the seal of said Conn that the seal si&ecl' to said instrument is such corporate seal;. that it was so affixed. by larder trf rile Board of D rectors of said Company;. andthat`he. signed r~acrie'ther~to. by l ire order, *rrrvvrrr.rn t`'`kCBS "Its tke -W - Michelle: Denny, Notary P` iic Mar cominissian expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC IN of a SLi ZA CE cotes , tier hereby certify that the above and foregoing a' Power of Attorney,. executed said earn arc is a true and correct copy F Y~ which is still in full ;force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in If force and:eftect. Given under my hand and, the seal of said Cowepany at Houstc°n, 'Texas this 19th day of November 20 09 A.D. .N.l{. Brent ty, Assis n a Any instrument issued in $xcess of the Penalty stated abovta is #otali3~ void and without any validity., For veri8catiort of the authority of this pourer you may call (7713) 81.'1.-0800 any business day between 8:00 am and 5:00 pm CST.