HomeMy WebLinkAboutContracts & Agreements_62-2021PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered. into this 20th day of April,
20211., by and between the City of Redlands, a municipal corporation, and general law city organized
and existing under the laws of the State of California (hereinafter "City"), and Tryco General
Engineering, a California corporation hereinafter "Contractor"). City and Contractor are sometimes
individually referred to herein as a 'Tarty" 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: 2020 CIF Water Pipeline Replacement Project, complete all items as required by
the Contract :Documents (as herein defined[.) and Specifications for City's 2020 CIP Water Pipeline
Replacement Project, Pro ect No. 5 0103 1. (the " Work7).
2. CONTRACT SUM.- City shall pay Contractor the sum of h-vo million twenty five thousand one
hundred seventy dollars ($2,025,1.7Q) as consideration for its performance of the Work in
accordance with.
1 . 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 required to be withheld by City pursuant to an escrow
agreement as set forth in Public Contract Code section 22300.
3. 'TIME FOR, COMPLETION: The Work. shall be completed within seventy ('70) calendar days
from and after the date ofthe delivery to Contractor of the Notice to Proceed by City.
4. LIQUIDATED DAMA(-_T'ES: Contractor's failure to complete the Work within the time allowed
will result in damages
being sustained by City. Such damages are, and will cont ' inue to be,
impracticable and extremely difficult -to deltermine. Accordingly, Contractor shall pay to City, or
have withheld from monies due ti,� Contractor, the sure of five hundred dollars ($500) for each
consecutive, calendary in excess of the specified time for cotripletion of the Work-. Execution of
this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500)
per day is the estimated damage to City caused, by the f4ilure of the Contractor to complete the
work within the allowed time. Such surn is liquidated. dan.,.iages and shall not be construed as a
penalty, and maybe deducted from, payments due the 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 Perforrnance,
Labor and Material Bond., Plans, General Conditions, Special Provisions and Specifications, and
any addenda thereto (collectively, the "Contract Documents").
G. ATTORNEY S' FEES: In the event any action is commenced to enforce or interpret the terms or
conditions of this Contract, or 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.
7. RE SOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three
hundred seventy five, thousand dollars ($375,000) or less shall be made by Contractor and
processed by the City pursuant to the provisions of Part 3, Chapter I., Article 1.5 of the Public
L,:\ca\(IjmA,,a,reem-eiits\Tr.yco Public Work Contract.PW-3. lXY20-0l04.docjn
Contract Code (commencing with. Section 20104). All clahns shall be in writing and include the
documents necessary to substantiate the claim. No -thing 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: Contractot and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor
Code Sections 1.777.1 and/or 1777.7, and certify that the, are, not debarred and are eligible to work
on this project.
9. ASSIGNMENTOFAGRE ENMNT: 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. SEVE RABILITY: Any provision or part of the Conti -act DoctIments held to be void or
unenforceable ender any law or regulation shall be deerned stricken, and all rernainmig provisions
shall continue to be valid and binding upon City and Contractor.
LAca\djm\Agreements\Tr,yco Public Work Contract.P`W-3. ITY20-0104.doc.jil
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above.
(SEAL)
Ci of Redlands
//
By:
aul T. Barich, Mayor
ATTEST:
J,poe Donaldson, City Clerk
(SEAL)
Name of ontractor
By:
Signatureof Authorized Agent
Title
Signature of Authorized Agent (if necessary)
Title
9�a2S
Contractor's License No.
LAca\djm\Agreements\Tryco Public Work Contract.PW-3.I.FY20-0104.doc.jn
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
2020 CIP Water Pipeline Replacement Project
Project No. 501031
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 by 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 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.
CHECK ONE
-,X-I 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 and activities required or permitted under this
Agreement. (Labor Code § 1861).
I. affirm that at 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, or a certification of workers' compensation
insurance.
I certify under 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 day of &L j / 12021.
(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.)
L:\ca\dimWgreements\Tryco Public Work Contract.PW-3.1.FY20-0104.doc.jn
Bond No.: 60337
Premium: $35,378.00
Premium Based on
Final Contract Amount
I V1111142 101111 11111VI 1111Z I
Whereas, the City of Redlands ("City"), State of California, and Tryco General Engineering
(hereinafter designated as "Principal") have entered into an agreement dated April 20, 2021
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as 2020 CIP Water Pipeline Replacement Project,
Project No. 501031 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for
the faithful performance of the Work, now, therefore, we, the Principal and,
Western National Mutual Insurance Company, as Surety, are held and firmly bound unto the City in. the penal.
sum of two million twenty-five thousand one hundred seventy dollars ($2,025,170) lawful money
of the United States, for the payment of which sum we 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 covenants, 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 manner therein specified, and. in all respects according to their true intent and meaning,
and shall faithfully fulfill the one-year 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 Work, the above obligation
shall hold good for a period of one (1) year or longer 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
made evident during 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 sum 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 obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work 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
L\ca\dJrn\Agreements\Tryco Public Work Contract.PW-3.1.FY20-0104.docjn
sufficient funds 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, the
amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall
mean the total amount payable to the Principal by the City under the Agreement and any
modifications thereto, less the amount previously 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 fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work 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 herein 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 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 any way affect its obligations 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.
No final 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 duly executed by the Principal and Surety
above named, on April 5 , 2021.
(SEAL) (SEAL)
Tryco General Engineering Western National Mutual Insurance Company
(Contra or) Sur
(Si ature) (Signature) Pietro Micciche, Attorney -in -Fact
Address: 4700 West 77th Street Edina, MN 55435-4818
(Seal and Notarial Acknowledgment of Telephone( 855 )283-8106
Surety)
LAca\dim\Agreements\Tryco Public Work Contract.PW-3.1.FY20-0104.doc.jn
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
..............
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 APR 0 5 2021 before me, Elisabete Salazar, Notary Public
Date
personally appeared Pietro Micciche
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 name(V is/&6
subscribed to the within instrument and acknowledged to me that he4tKiX)ft executed the same in
his/joyglftk authorized capacity(*)Q, and that by his/)(OM�signature(p) on the instrument the personoo,
or the entity upon behalf of which the person) acted, executed the instrument.
— — — --- — — — — —
ELISABETE SALAZAR
Notary Public - California
Los Angeles County
Commission # 2342511
My Comm, Expires Jan 19, 2025
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
ignature of Notary Pub)ic
Place Notary Seal Above
OP77ONAL
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):
'Partner — 1- Limited P General
E Individual 1-i Attorney in Fact
" Trustee I Guardian or Conservator
,—j Other:
Signer Is Representing:
I
Signer's Name:
17, Corporate Officer — Title(s):
Partner — C I Limited 0 General
ED Individual D Attorney in Fact
- Trustee Guardian or Conservator
El Other:
Signer Is Representing:
Bond Nc.:60337
Premium Included in
LABOR AND MATERIAL BOND Performance 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 20„ 2021, and identified as 2020
CIP Water Pipeline Replacement Project, Project No. 501031 is hereby referred to and made a part
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 Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto 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 two million twenty-five thousand one hundred and seventy dollars
($2,025,170) 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 amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon
this bond, will pay, 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 awarded 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 9550) 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 performed, then this obligation shall become null
and void, otherwise it shall be and remain in full 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.
In witness whereof, this instrument has been duly executed by the Principal and surety
above named, on April 5 , 20 21.
(SEAL) (SEAL)
Tryco General Engineering Western National Mutual Insurance Company
(Contra tor) Sur ty)
_O BY. �
(Signature (Signature) Pietro Micciche, Attorney -in -Fact
Address: 4700 West 77th Street Edina, MM 55435-4818
(Seal and Notarial Acknowledgement of Surety)
Telephone: ( 855) 283-8106
LA,-a\djm\Agreements\Tryco Public Work Contract.PW-3.1.FY20-0104.doc.jn
CALIFORNIA# # • • +;
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 ,APR 0 5 2021 before me,
Date
personally appeared Pietro Micciche
Elisabete Salazar, 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(tt) whose name(o is/"
subscribed to the within instrument and acknowledged to me that he/xkq()ft executed the same in
his/}tixo(ftbK authorized capacity(W, and that by his/)(aMM(signature(p) on the instrument the personfo,
or the entity upon behalf of which the person} acted, executed the instrument.
ELISABETE SALAZAR
" Notary Public • California £
Los Angeles County
Commission # 2342511
My Comm. Expires Jan 19, 2025
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.
Place Notary Seal Above
OP77ONAL
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: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — C:::'; Limited F General
individual 17 Attorney in Fact
i 'Trustee i i Guardian or Conservator
l Other:
Signer Is Representing:
Signer's Name:
O'l Corporate Officer _ Title(s):
❑ Partner — [_1 Limited ❑ General
n Individual G Attorney in Fact
L Trustee L Guardian or Conservator
Other:
Signer Is Representing:
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W,
WESTIERN NATIONAL
The fi'i[' tionS�Fip i.`�33:fRf7(E37.g
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, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar,
Preferred Bonding 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, (ether than
Dail 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 rernediation bonds or
black lung bands), 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 00) 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., 2020.
Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
!w!,•,!i! it Yii,I
-w:
*rlr�!'ttteltlras+w4rwi
Larry A. Byers, Sr. Vice President
On this 16th day of December, 2020, 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.
r'JE NNIFE4 A. YOUNG
NOTARY PUBLIC �
MINNF—SOTA
�z
,tix-,,M �I'� Car�miwsi�r� �a���res �ir3-�izQ26
Jennifer A. Young, Notary Public
My commission expires January 31, 2026
CERTIFICATE
1, 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 dir•4ctors set
forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Edina, MN this sth day of April
wl�r!liill Sri
hes . � .• tlrwwr
2021 Jennifer A. Young, Assistant ecretary