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HomeMy WebLinkAboutContracts & Agreements_59-2018PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered Into this 17th day of April, 2018, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Tryco General Engineering (hereinafter "Contractor ") City and Contractor are sometimes Individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the following REDLANDS PASSENGER RAIL PROJECT UTILITIES CROSSING - WATER, SEWER & STORM DRAIN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's REDLANDS PASSENGER RAIL PROJECT UTILITIES CROSSING - WATER, SEWER & STORM DRAIN, PROJECT No 71276, 7341.6 2 THE CONTRACT SUM City shall pay Contractor the sum of $758,425 as consideration for its performance of the Work in accordance with the terrns and conditions set forth In the Contract Documents Pursuant to Public Contract Code Section 22300, 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 shall be completed within 90 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES- Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of $1,000 fol each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that $1,000 per day Is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS. This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical 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, including fees for use of in-house counsel by a Party 11caldjntlAgreements\Tryco Geteral Engmeenng RPRP Conti-act.docx 7 RESOLUTION OF CONSTRUCTION CLAIMS: CIaims by 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 I, Article 15 of the Public Contract 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 Contract 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 all of its subcontractors shall 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 of any rights or interests under this Contract shall 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 and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor 11ca1dpi\Agreements\Tryco General Engmeenng RPRP Contract. docx IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) ATTEST - "e Donaldson, City Clerk City of Redlands County of San Bernardino, California City of Redlands (Owner) By (JaW r Paul W Foster, Mayor City of Redlands County of San Bernardino, California (SEAL) Name/of Contractor By Signatur f Authori d Age Title Z4itore o uthonze Agent (if necessary) Title 9LpoZSS Contractor's License No 1AcaWjm\Agreements\Tryco General Engineering - RPRP Contract.docx WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department REDLANDS PASSENGER RAIL PROJECT UTILITIES CROSSING - WATER, SEWER & STORM DRAIN, PROJECT No. 71276, 73416 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 in 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 foi 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 186 1) Dated this of day of 2018 (Contractor) (Signat e) 61 (Official le) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) 11La1djrnUgreements\Tryco General Engineenng RPRP Contract.docx Bond # 42786 Premium S14 192 00 Premium based on final FAITHFUL HFUL PFRFOCE BOND contract Amount Whereas, the City of Redlands ("City„), State of Califomia and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement dated April 17, 20 18 ("Agreement ) whereby Pri ne ipa I agrees to install and complete certain public improvements (the "Work"), which said Agreement is iderinfied as REDLANDS PASSENGER RAIL PROJECT UTILITIES CROSSING - WATER, SEWER & STORM DRAIN, PROJECT NG 71276, 73416 and is Hereby referred to and trade a part hereof and Whereas, said Principal is required under the terms of the Agreement to fi,irnish a bond for the faithful performance of the Agreement, no%v, therefore, we, the Principal and Westem National Mutual Insurance Company, as Surety, are held and firinly bound unto the City in the penal surra of seven hundred eighty eight thousand four hundred twenty five dollars (5788 425) lawful money of the United States, for the payment of which sum Sue bind ourselves, and 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 its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the cotenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the planner therein specified, and in all respects according to their true intent and meanuig and shalt faithfully fulfill the one -yeas guarantee of all materials and workmanship and shall defend, indemnify and save harmless the City and 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 to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longei if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage matte evident dunng this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal ruin thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City oblurations thereunder, the Surety shall promptly remedy the default, or shall promp€ly, at the City's option 1 Complete the Agreement in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient finids to pay the cost of completion of the Work less the balance of the Agreement price but not exceeding, including other Costs and damages for Which Surety may be liable hereunder, 1.1A.-a1d1rn1Ap=mrnt4 Trycn Gentml Enguxeme RPRP C.oulma docs the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total atnount payable to the Pnncipal by the City under the Agreement and any modifications thereto, less the amount previousl} properly paid by the City to the Principal Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillinent of its obligations in the event of default by the Principal Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named liereiti or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of tiEne, 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 any way affect its obligations on this bond, and it does hereby ixaive 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 No filial settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum In witness whereof, this instrument has been duty executed by the Principal and Surety abrive named, on Mav 2 —,Zola (SEAL) Tryco General Eri ineenn (Contracto } (Sigita4ure) (Seal and Notarial Acknowledgement of Surety) i'La eijatt �[�cmcTitz Trym Genct�l Engi�ccane RPRP Canir -,i dtx x (SEAL) Westem-M-R-ttonal Mutual Insurance Company BY Attorney -In Fact (Signature) Pietro Micciche Address 10851 N Black Carman HM Suite 630 Phoenix, CA 85029 Telephone, ( 855 ) 283-8106 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 9. A notary public or other officer completing this, certificate verifies only the identity of the individual who signed the docurnerit to which this certftafe is attached and not the truthfulness. accuracy, or validity of that document State of California County of _ Los Angeles ) On 5_ ?_ -(<3 before me, Angel Nunez, Notary Public Date Nese insert Name and Title of the Officer personally appeared Pietro Micciche Il wne(s) of Signer(s) who proved to me on the bans of satisfactory evidence to be the person(4 whose name( is/ subscribed to the within instrument and acknowledged to me that h executed the same in his!.�gt k authorized capacrty(I ) and that by his/signature(p) on the Instrument the person(, or the entity upon behalf of which the person($) acted, executed the instrument~ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct WITNESS my hand and official Signature of Notary Public Place Notary Sea/ Above OMONAL Though th,s section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this farm to an unintended document Desenption of Attached Document irtie or Type of Document -_____-- Document Date* Number of Pages Signer(s) Other Than darned Above Capac'rty{ies) Claimed by Signer(s) Signer's Name. Corporate Officer - I itle(s) Partner - - Lim d ' General Individual A Corney in Fact Trustee Guardian or Conservator mm Other Signer Is Representing Signer's blame 1-1 Corporate Officer - Title(s) 0 Partner --- -� Limited 0 General '_J individual 0 Attomey in Fact F-1 Trustee ❑ Guardian or Conservator Ff Other - Signer is Representing z=2014 National Notary Association - mvw NationatNotary org 1 -800 -US NOTARY (11-80075-5527) Item #5907 Bond # 42786 Premium Included on Per rormance Bond Whereas, the City Council of the City of Redlands State of California, and Tryco General Engineering (hereinafter designated as "Principal') have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated April 17, 2418, and identified as REDLANDS PASSENGER RAIL PROJECT UTILITIES CROSSING-Wk`l;'ER, SE" ER & STORM DRAIN, PROJECT No 71276, 73416 is hereby referred to and made a pari hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Dn. inion 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held. firmly bound until the City and all contractors, subcontractors, laborers material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of seven hundred eighty eight thousand lour Hundred twenty Five dollars (S788,425) for materials furnished or labor thereon of any kind, or for amounts due cinder 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 in case suit is brought upon this bond, will }gay, in addition to the face amount thereof, costs and reasonable expenses and fees, including, reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be ai%arded 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 3 (commencing with Section 95iO) of Part 6 of Division 4 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 perforated, then this obligation shall become null and void, otherwise it shall be and remain in frill 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 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 i' �:.� dim-Agrccmc[its Fr}2nGr[=��[i ����i[reruie FU'iLi'tcFn[r.�[ d«:x In witness whereof, this instrument has been drily executed by the Principal and surety above trained, on Mav 2 '2018 (SEAL) Tryco_General EngineegD_ (Contractor) {Signa[ re} (Sea[ and Notarial Acknowledgement of Surety) I ca4m Agn:e raLy Tryco Gcn,.TJl Fngia `Zln g RPRi' Cimtr=1.dncx (SEAQ Western ional Mutual Insurance Company SY):kfm-Le C , Attorney in Fact (Signature) Pietro Micciche 4ddress 10851 N Black Canyon Hwy Suite 630 Phoenix, CA 85029 Telephone ( 855 ) 283810 L;ALEFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML D .. R notary public or other officer completing this certificate verifies only the identity of the individual who signed the docLment to which fhis certif-cate ,s attached, and not the truthfulness, accuracy, or validty of that document State of California l Courtly of Los Angeles On S' 'L -1 before ane Angel Nunez, Notary Public Date Here insert Name and Teale of the C3lircer personally appeared f'1etro tti♦iicciche Names) of Stgner(s) who proved to me on the basis of satisfactory evidence to be the person%) whose name[* is/mm subscribed to the within instrument and acknowledged to me that h executed the same in hisf i X1k1'Rkauthu-zed capacity(€, and that by histo lKsignature(o on the instrument the person(, or the entity upon behalf of which the personN� acted, executed the instrument I 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 seat Signature Signature ofWatzry Public Place Notary Sea, Above Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document - Description of Attached Document T'stle or Type or Document Number of gages Capacity(tes) Claimed by Signer(s) Signer's Name Corporate Officer — Title(s) Partner — - Cereal d General Individual € Attorney in Fact Trustee L Guardian or Conservator Other Signer Is Representing Document Date Signer(s) Other Than Named Above Signer's Name. i • Corporate Officer — Title(s), Partner -- D Limited Ct General Individual C Attflmey in Fact 0 Trustee D Guardian or Conservator C, Other Signer Is Representing @2014 National Notary Association www NatronalNotary org 1 800 -US NOTARY (i 8M 876 5927) Item #5907 WCzrcgN NA114NAt xYJ�wxC[ TAt M*'—hV may' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Western National Mutual Insurance Company a Minnesota mutual insurance company does make, constitute and appoint Paincla Zenlzn Angel Nunez Pietro MWche and Elsa Escobar Preferred Bonding Services (#9760) Its true and lawful Attomey(s) in Fact with full power and authority for and on behalf of the Company as surety to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows All written instruments in an amount not to exceed an aggregate of Severs Mifiion Five Hundred Thousand and OOH 00 (57 500 000) for any single obligation, regardless of the number of instruments issued for the obligation and to bind Western National Mutual Insurance Company thereby, and all of the acts of said. Attorneys in Fact, pursuant to these presents, are ratified and confirmed This appointment is made under and by authority of the board of directors at a meeting held on September 28 2010 This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual insurance Company on September 213, 2010 RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary may appoint attorneys in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances and suretyship obligations of all kinds, and said officers may remove any such attorney in fact or agent and revoke any Power of Attorney previously granted to such person RESOLVED FURTHER that any bored undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president any vice president or assistant vice president and attested and sealed (if a seal be required) by any secretary or assistant secretary or (ii) when signed by tree president any vice president or assistant vice president secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in fact or agent or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority evidenced by the power of Attorney issued by the Company to such person or persons RESOLVED FURTHER that the signature of any authonzed officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond undertaking, recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the some force and effect as though manually affixed IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 1fith day of December 2Q1 p .... . Jon R Hebelsen, Secretary Larry A Byers Sr Vice President STATE OF MINNESOTA, COUNTY OF QPXOTA On this � 16th _ day of � December, _ 2�1 personally came before me. Jon R Hebeisen and Larry A Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn did severally dispose and say, that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation Jennifer A Young, Notary Public My commission expires January 31.2Q21 CERTRUATE I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the forecdaing and attached Power of Attorney remains in full force and has not been revoked and furthermore, that the Resolutions of fie Iaoard of di•ectrrs set forth in the Power of Attorney are now in force yell Signed and sealed at the City of Edina MN this day of �,� Jennifer A Young Assistant Secretary