HomeMy WebLinkAboutContracts & Agreements_124-2018This Public Works Construction contract ("Contract") made and entered into this 3rd day of July,
2018, by and between the City of Redlands, a municipal corporation organized and existing under
the laws of the State of California, (hereinaftet "City"), and Tryco General Engineering (hereinafter
"Contractor") City and Contractoi 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
1 SCOPE OF WORK- Contractor shall furnish all materials and will perform all of the work for the
following 2018 Citywide Pavement Repair for Water Projects, complete all items as required by the
Contract Documents (as herein defined) and Specifications for City's 2018 Citywide Pavement
Repair for Watei Projects, Project No 71060 (the "Work")
2 THE CONTRACT SUNT: City shall pay Contractoi the sum of four hundred seventy three
thousand three hundred dollars ($473,300 00) as consideration for its performance of the Work in
accordance with the terms 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 Woik shall be completed within three hundred sixty five
calendar days (365) from and aftei the date of the delivery to Contractor of a written Notice to
Proceed by City
4 LIQUIDATED DAMAGES: Contractor's failuie 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, Contractoi shall pay to City, or
have withheld from monies due to Contractoi, the sum of five hundred dollars ($500) fon 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 five hundred
dollars ($500) pei day is the estimated damage to City caused by the failure of the Contractoi 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 incorporates by reference the following Notice Inviting
Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance, Labor and
Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda
thereto (collectively the "Contract Documents")
6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret tine terms
of 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
I 1caldjmkAgreements\Tryco General Engineering Public Work Contract doer
RESOLUTION OF CONSTRUCTION CLAIMS. Claims by Contractor in the amount of three
hundred seventy five thousand dollars ($375,000) of less shall be made by Contractor and processed
by the City pursuant to the provisions of Part 3, Chaptet 1, Article 1 5 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 clai ns 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 Contractoi 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 of part of the Contract documents held to be void or
unenforceable under any law of regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon City and Contractor
2
I lcaldjintAgreejnents\Tryco General Engineering Public Work Contract docx
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above
City of Redlands
(SEAL) (Owner)
ATTEST
ne Donaldson, City Clerk
. Z i
Foster,. •
(SEAL)
Name of ontractor
By
Signature qgAuthonzedAgent
Title
Signature of Authorized Agent (if necessary)
Title
?44p2 95"
Contractor's License No
I 1ca1djmlAgreements\Tryco General Engineering Public Work Contract docx
Description of Contract City of Redlands
Municipal Utilities & Engineering Department
2018 Otytivide Pavement Repair for Water Projects
Project No 71060
Every employer, except the State, shall secure the payment of compensation in one of more of tile
following ways
a By being insured against liability to pay compensation in one or more insurers 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 employee, of 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
CHECK ONE
—,—I am aware of the provisions of Section 3700 of the Laboi Code which requires every
employer to be insured against liability for worker's compensation of to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such piovisions before
commencing the performance of the woik and activities required of permitted undei this
Agreement (Labor Code section §1861)
I affirm that all times, in performing the work and activities required or permitted under this
Agreement, I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California However, at any time, if I employ any person such that I become
subject to the workers' compensation laws of California, immediately I shall provide the City with
a certificate of consent to self -insure, of a certification of workers' compensation insurance
I certify undei penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct
Dated this _c ? day of �, 2018
O (Contractor)
(Signature)
(Office(writle)
(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 )
4
1 Icaldjin\Agreements\Tryco General Engineering Public Work Contract doex
Bond No 38404
Premium $8,519 00
Premium Based on Final Contract Amount
Whereas. the City of Redlands (` City"), State of California. and rryco General
Engineering (hereinafter designated as ``Pnneipal") have entered into an agmerr!=t dated July 3.
2018 (`Agreement") wbereb4 Principal agrees tet install and complete certain public improvements
(the "Work"), Mitch said Agreement is identil*red as 2018 Citywide Pavement Repair for Water
Projects, Project No 71060 and is Hereby referred to and made a pair hereof; and
Whereas, said Principal is required underthe terins of the Agreement to furnisli a bated for
the faithfal performance of the Agreeinerit, aow, tht;refore, -ve, the Principal and
Western National Mutual insurance Company. as Surety, are held and £idly bound unto the City in the
Penal sum of f64 hundred severity three thousand tbrec hundred dollars ($473,300 00) lawful
rnonev of the United States, fir the payment. of whtab sura bind ourselves; and Ocie• heirs,
successors. executors- and administrators. jointly and severally, firmly by,these presenis
The condition of this obligation is sudh that if the above bourided Principal, his or its heirs.
executors, administrators, successors or assigns, shall in -all things std to and abide by and Lkell
@aid truly keep and perform the covenants. conditions and provisions in the Agreetnient and any
alteration thereofmade as therein provided, on his or its pari, to be kept and performed at the time
and in the manner tlierein speeifled, and -in all respects according, to their trice intent and meaning
and shall faithfully= fulfill the obe-}peat guasaiatee of 4411 materials anti Workmanship, and shalt
defend, indemnify and satYe harmless the City and its o1ected of vials, officers, agents and
ernploye"_ as therem stipulated, dicer this.obhgatim shall become. null and c=bid; othen4ise it shall
be and ri mAln in full force and effect.
As a part of the obligation secured hereby and in a0ition to the face amount spectfted
therefor there shall be incladed :assts and teasonable expenses and fees, including reasonable
attorneys' fees, incurred by the Cth, in successfully enfoninrg such obligations, all to be taxed as
costs and included in theitidament rendered
4s a condition pret,edent to the sahsfaQgry oompletipn of the Agreement, the above
obligation shall Mild good Jor a period of one (i) ym or longer if regW.red by the. /tgreeineist after
the acceptance tit the work by the City, durin- wbich time if the Principal shalt fair[ to make frill
complete, and satisfactory repair and replacements and totally protect the City ftom loss, ordarnage
made evideAt during this period from the elate of completion of the Mork, and resulting from or
causedby defective mtdrials or faulty work anship, t ie above obligation in penal surra therecf
shall remain in full force and e€feet The obligations of Surely hereunder shall continue so long as
any obligation of the Principal remains,
Whenever the Principal 513411 be, and i:s declared cry the City to be, in default under the
Agreement, the Cityy having performed the .City obligations thereunder., the Surety shall promptly
reinedy. the default, or shall pricimptly, at the City's option
I -Complete the Agreement in accordance v:4h 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 responswe and responsible bidder,
arrange for a contract bemeen such bidder and the City, and make available as -wvork progresses
sufficient funds to pay the cost.af completion o;fthe i�ork less the -balance of the, Agroernent price_
but riot exceeding, including oilier ct and darnages for whi Ch Sttrty may be liable. bereunder.
-the amount set forth above. The term "Mance of the Agreement price," as. used in tb is paragraph.,
shall mean the total amount payable to the Principal by the City tinder the Agreement -and any
modifications thereto._ less the arnouiit preeritiilsly pr"rly paid by :the City to ihe .Principal
Surety expressly agrees that the City may reject airy contracor or subcontractor which may
be proposed by Surety, ih fulfillment of its obligations in the tvent:of ddfa.ult by the Maio
Surety shall not utilize the Principal m completing the Amt" nor shall Surety adept
a bits from the principal for completion of the Wti& if l t Oty; when dtclanng, the Principal iii
default, notifies Surety of the City's oklectton to the Principal's farther participation in the
completion of the Wo&
No right of action. shall accrue. on the bond to or for the use of any person or wrporation
tatter than the City natned herein or the successors or assigns of the City An'), suit under this: bond
must be instituted Arithin the applicable statute of'!imitations pentad
The said Surety, for value .received, hereby stiputates and agrees that no change, extension
cif tire, alteration or addition to the tens of the Agr=ment or to the Aork to be performed
thereunder or to Specifications accompanying the same: shall to anyway affzct its obligations on
this bond, and it sloes hereby waive ;notice of aoy suit; change, extension df time, allerafiibn or
addivep. to the terms of the Agreement or to the work or to the specifications.
No final. settlement between theCity and the Principal �baid abridge the right of .any
belief iciarry hereunder whose claim may be Utsat'is> ted.
'17he: Principal and Surety agree that if the City is required to engage the services of any
attorney tit connection with the enforcernent of this bond, each shall pay the City's reasatiable
attorneys' fees incurred, whit or without 5uk to addition tis .tile above sura
In witness whereof, this instrument has lin duly exect ted by the Principal and Surety above
named., on July pt �, 20W
(SEA L )
Tryco General Engineering
�C4ntraCtor} .
(Seal and 'Notarial Ackn.OWl emerit of Surety)
,(SEAL)
Western National Mutual Insurance CpmPany
.� B
(Sips tune). Pietro Micciche Attorney in -Fact
Aa s8: 10851 N Black Canyon Hwy, Suite 630
Phoenix, AZ 85029
Telephone: ( . 855-20q-81 os ______
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer comp#eting this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document
State of California
County of Los An
On ,I -Ij
Date
before me, Angel Nunez, Notary Public
Here Insert Name and Title of the Officer
personally appeared Pietro Micciche
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(o whose namew is/&*
subscribed to the within instrument and acknowledged to me that he%0(gi()ft executed the same in
hrsftVftX authorized capacity(IX), and that by his/X AtKsignature(;j on the instrument the person0o,
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 true and correct
WITNESS my hand and official seal
�_tiyr�a ANGEL N E.z Signature
{ amrnissionf 214€',;11 v Signature of Notary Public
NctatyPublic C,4rfo,r.2
[_Dc Angeles Co.,r>y
IJ'y Comm Exrires Mar 14 2..:
Place Notary Seal Above
OPTIONAL
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
Title or Type of Document
Number of Pages.
Document Date
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
Corporate Officer — Title(s)
W Partner -- _ Limited :_i General
Individual VfAftorney in Fact
Trustee L-1 Guardian or Conservator
Other
Signer Is Representing
Signer's Name
F Corporate Officer — Tiitle(s)-
❑ Partner — El Limited U General
I.] Individual C1 Attorney in Fact
El Trustee ❑ Guardian or Conservator
Other -
Signer Is Representing
02014 National Notary Association www.NationalNotary org 1 -800 -US NOTARY (1 800-876-6827) Item #5907
Bond No 38404
Premium *
Premium Included on Performance Bond
LABOR AND MATERIAL BUND
Wliereas, the City Council of the City of Redlands,. State of California, and Tryco
General I:ng€.neer€iag (hereinafter designated as "Principal'') have watered into an agreement (tire
"Agreement) whereby Principal agrees to install and complete certain designated public
improvements (the " ork7), which said agr�emnt, dated July 3:, 2018, and -identified as 2018
City vide Pavement Repair for VS'atei Projects. Protect No 71060. is hereby referred to and made a
part hereof, and
Whereas Bruder the terms of the Agreemen4 Principal is required before commending
the performance of the Mori;; to file a good and sufificient Labor -and Material bond with the City
of Redlands to secure the claims to which reference is made in Title 3 (commencing Nvith Section
9630) of Part 6 of Division 4 of the, Civil Code of the State of Califorriia.
-Now, therefore, sand Principal and the understgned as corporate si'iety, are held firmly
bound unto the City and all contractors. subco'itraiAors, ialiorm, triateriat men and othoi persons
employed in the performance of the Agreement and referred to in. the aforesaid Cnde of Civil
Procedure in the sum of four hundred seventy three ftasand three hundred dollars {$473,300 00)
for materials furnished or labor thereon of any kind. or fbr 8'mounts due under Me Unemployment
Irisuranez .Act with respect to such work or labor, that said suray will pay ft same in an amount
not exceeding the amount hereinabove set forth., and also in ease suit is brought upon this hand,
vd l pay in addition to the face arnoiana thereof, costs and reasoiaable expenses and fees, including
reasonable auorneys' fet , incurred by the 'City iii, sec. ssf'tiily enforcing sleek obligatiati, to be
awarded acid fixed by the covet, and to he taxed ascosts and m be included in :Ore judgmeat therein
rendered
It is hereby e ressly stipulated and -agreed that this bond shalt insure to the benefit of
any and all persons, companies and corporations entitled to file claims undei Title 3 (commencing
with Section 95.50) oft Part 6 of Ditiisim 4 of -the •CivH Code, so as to give a right of action to them
or their assigns in any suit brought upon this boric.
Shatsld the condition of this bond be fully -perferrnetl, them this obligation shall become
null and void_ otherwise it shalt be and remain in furl force and effect.
The surety hereby stipulates and agrees that no change extension of urn Alteration or
addition to the terms of the Agreement or the -specifications accompanying the same shall in any
mai-iner aff'eot its obligations on this bond, and: it does hercliy waive notice of any such change,
extension of time alteration or addition
7
In witnm whereof, this inst:rment tos bem duly exmated the: Pnncrpal and surety
aboNle naMed, 011 July 9th
(SEAL).
Tryco General Engineering
(Conftwor)
(Seel and Notanal.Acknowledgement of'Surdy.)
�SEAL)
Western National Mutual Insurance Company
BY.
(Sfvmfitm)Ietro ked . che Attorney in Fact
Addms.10851 N Black Canyon Hwy, Suite 630
Phoenix. AZ 85029
T-eiepbgne )855.,83.8106
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
;Ut_1W11_111 �.�2,
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of Los Angeles
On I -a " k I before me,
Hate
personally appeared Pietro D Micciche
I Nunez, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(} whose namew ►s/xtv
subscribed to the within instrument and acknowledged to me that he/xb*#)ey executed the same in
hisftDfttK authorized capacityM, and that by his/)(OMMr (signature( on the instrument the person(g),
or the entity upon behalf of which the personIX) acted, executed the instrument
ANGEL NUNEZ
Commission 0 2146341
< Notary Public - California =
= Los Angeles Couny
M Comm Ex ices Marl 4. 2024
Place Notary Seal Above
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 seal
Signature' f
Signature of Notry Pubg
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Descnption of Attached Document
Title or Type of Document
Number of Pages
Document Date
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
Corporate Officer --- Title(s)
1 Partner — Limi#ed �l General
Individual Vj Attorney in Fact
Trustee 1-1 Guardian or Conservator
Other
Signer Is Representing
Signer's Name
Corporate Officer — Title(s)
E! Partner — FJ Limited ❑ General
U.] Individual ❑ Attorney in Fact
Trustee _u Guardian or Conservator
El Other
Signer Is Representing
02014 National Notary Association • www NationaiNotaryorg • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
W
WKSTURN NATIONAL
i.aura.c:
'rfie reMHandirp dxnpmry
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: Patricia zenizo, Angel Nunez, Pietro Micciche, and Elsa Escobar
Preferred Banding Services (#9760)
Its true and lawful Attorney(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 Seven Million Five Hundred Thousand and 00/100 ($7,500,000) 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 28, 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 bond, 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 the 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 attorney-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 authorized 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 same 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 16th day of December , 2015.
WS(,EAL�_
Jon R Hebelsen, Secretary
STATE OF MINNESOTA, COUNTY OF DAKOTA
Larry A. Byers, Sr Vice President
On this 16th day of December. 2015, 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
Is NOTARY PUKE -MINNESOTA
MY DOMMMON EXPIRES 01131 W
Jennifer A. Young, Notary Public
My commission expires January 31,2021
CERTIFICATE
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set
forth in the Power of Attorney, are now in force. 1.
•' NPL M(,?�
9� � L.'rb�'
Signed and sealed at the City of Edina, MN this mti day of T'�i ,A '� Jennifer A. Young, Assistant Secretary