10/18/23)
CONSTRUCTION CONTRACT
This contract is made and enter ed into on _____________, by and between STRATUS CONSTRUCTION CO., a STATE OF CA CORPORATION, with a business address at 4719 QUAIL LAKES DRIVE, SUITE G-245, STOCKTON, CA 95207 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specificat ions for the construction of ANIMAL SHELTER
PLAY YARD, (PROJECT
NO. P024012), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specificat ions adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this c ontract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and per form the work contemplated hereby in a good and workmanlike manner and to furnish all labor, m aterials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $254,582.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not co mmence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specif ied in Exhibit B , which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockt on Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
Local Construction Contract – STRATUS CONSTRUCTION CO. – PROJECT NO P024012. (Updated EXHIBIT 2
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Local Construction Contract – STRATUS CONSTRUCTION CO. – PROJECT NO P024012. (Updated 10/18/23)
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
C I T Y :
B y :
WILL
ATTEST:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
By:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
B y :
LIST NAME OF CONTRACTOR
B y :
DEPUTY CITY ATTORNEY
Tax Identification No.
ACTING CITY MANAGER
Randolph H. Pierson, Stratus Construction Company, Inc
88-0927660
LIST NAME OF CONTRACTOOOOOOOOOOOOOOOOOOOOOOOOORRRRRRRRRRRRRRRRRRRRRRR CREW
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Purchase Order Issued: $47,316.75
$207,265.25
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BOND FOR FA
ITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, STRATUS CONSTRUCTION CO., a STATE OF CALIFORNIA CORPORATION, as Principal and _____, corporation, organized and existing under the laws of the State of __ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of
TWO HUNDRED FIFTY-FOUR THOUSAND FIV E HUNDRED EIGHTY-TWO AND 00/100 DOLLARS ($254,582.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
ANIMAL SHELTER PLAY YARD
(PROJECT NO. P024012)
NOW, TH
EREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2
and conse
nt by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on
APPROVED AS TO
SURETY: By:
PRINCIPAL
SURETY
APPROVE
D AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNE Y-IN-FACT
By:
DEPUTY CITY ATT ORNEY
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BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, STRATUS CONSTRUCTION CO., a STATE OF CALIFORNIA CORPORATION, as Principal and _____, corporation, organized and existing under the laws of the State of ______ and duly authorized to transact business under the laws of the State of California, as S urety, are held and firmly bound unto the City of S tockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provis ions, provender or other supplies us ed in, upon, for or about the per formance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both wor k and materials, and whose claims have not been paid by the contrac tor, company or corporation in the just and full sum of
TWO HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED EIGHTY-TWO AND 00/100 DOLLARS ($254,582.00), in lawful money of the United States of America (being 100% of the contr act price) for the payment whereof well and tr uly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally , firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
ANIMAL SHELTER PLAY YARD
(PROJECT NO. P024012)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials , provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 2
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVE
D AS TO SURETY: By:
PRINCIP AL
SURETY
APP
ROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTO RNEY-IN-FACT
By:
DEPUTY CITY A TTORNEY
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