HomeMy WebLinkAboutContracts & Agreements_5-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Pu ic Works Construction Contract ("Contract") made and entered into this dayof
,AL,YJOCy_, 2013, by and between the City of Redlands, a municipal corporation
organized ' , and
,anized and existing tinder the laws of the State of California. (hereinafter "City")
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:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the following: Citrus Avenue Water Pipeline Replacement Project, complete all items
as required by the Contract Documents (as herein defined) and Specifications for City's
CITRUS AVENUE WATER PIPELINE REPLACEMENT PROJECT, PROJECT
NO. 71237.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $1211.478.00 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 Work shall be completed within thirty (30) 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 sure of
Five Hundred Dollars (S500) for each consecutive calendar day in excess of the
specified time for completion of Work.
Execution of the Contract shall constitute a(Treement by City and Contractor that Five
Hundred Dollars (5500) 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, Special Conditions, Special Provisions and Specifications, and any addenda
thereto.
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6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or
interpret the tern-is 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.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims 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 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 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.
CD2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and years first
written above.
City of Redlands
(SEAL) (Owner)
1 n
By: %
Mayor, City of cdlands, Countv of
San Bernardino, California
ATTEST:
City- Clerk, CI of edlands
County of San Bernardino, California (SEAL)
l ,
Nair4e of Contractor
By:
Signur of Authorized Agent
Title
Sign ure of Authorized .1gat of necessar-r)
Title
Contractor's License No.
Cts
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City,of Redlands
Municipal Utilities & Engineering Department
CITRUS AVENUE WATER PIPELINE
REPLACEMENT PROJECT,
PROJECT NO. 71237.
Labor Code Section 3700,700,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 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 contract.(Labor Code section 1861)
Dated this day of 2013.
(Contractor
(Signature)
b V d
krEd&
(Official Title)
(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)
CD 4
PERFORMANCE BOND
Whereas, the Citi Council of the City of Redlands, State of California, and TR'Y"CCr Genera En,,ineering
(hereinafter designateci as "Principal"} have entered into an agreement whereby Principal agrees to install
and complete certain desiglnated public improvements, which said agreement, datedJan_uary 25th
2013, and identified and identified as CITRUS AVENUE WATER PIPELINE
REPLACEMENT PROJECT, PROJECT NO. 71237 is hereby referr--d tr, an j made a
part hereof, and
\Whereas, said principal is required under the terms of said agreement to furnish a band for the
performance of said project.
,Now, therefore_ said principal and Western Surety Company
as surety , are held
firmly bound unto the City of'Redlands{hereinafter call ``City"), in the penal sura of Otic 17rurdred twenty
one thousand Four hundred seventy eight dollars and zero cents (S121,d?8.00) la���ful uron �° �)I the Elttited
States, for the payment of which sum well and truly to be made,we bind ourselves, Baur 1�eirs, successors,
executors and adz?Iinistrrrtot�s,jointly and severally, firmly by these presents,
rhe conditiem o"tris o bii ation is such that if the above bounded Principal. his or ]tors hi--N-s. eXectrtors.
administrator, ,ucces C,r, or assigns, shall in all things stand to and abide by, and well and tnrlr keep and
perforin the coy enanCs, conditions and provisions in the said agreement ani any alteration tlicrecj made as
therein prov idcd' or his or their part, to be kept and performed at the time and in tl;e rn<rr.er therein
specified, and in all respects according to their true intent and meaning, and shall defend, and
save harmless the City, its elected officials, officers, agents and employees, as therein stipulated, t terl this
obligation s{za11 become null and void; otherwise it shall be and rernain in full force and et#ect.
As a pan of the �ecored hereby and in addition the face amount speci(-fed tl '-_e ;h,�ru shall
be included ct}sts true expenses and fees, incltiding reasonable attorncy's fees by the
City in successhullv cil[Orcin', such obligation. all to be taxed as costs and included in ar« lud"inent
rendered.
The surety hereby sirpulates and agrees that no change, extension of time, alteration or addition to the
teens of the agreen�ei�t or tt> the work to be performed thereunde-r or the specificatioll, cc��rnp�r_iin�7 the
same shall in affect its obligations on this bond, and it does hereby waive ar=� such
change, extension of tlm'u, alteration or addition to the terms of the agreement or to the vv irk to the
specifications.
Iii wltllc_ss vdl rc'-'. this instrument has been duly executed by the Principal and suret; Aho'—: :rr;rnedf on
January 25th 2013. '
--- ORPORATF .
(SEAL) (SEAL) SL
Tryco General Engineering Western Surety Company . '
Coittractur) �J4�
—
</�f (Sr<>;7ature} (Si��naturej
Address:PO Box 5077 _
Sioux Falls, SD 57117 —
(Seal and Nutari;tl Aci nowkedgment of Telephone(800 ) 331-6053
Strret";)
CD 5
Western Surety Company
PONVER OF ATTORNEY- CERTIFIED COPY
Bond No. -1
Knew All Men By These Presents,that LVFSTERNI SL'E'ETY CO2MPANY,a corporation duly organized and existing tinder the laws
e s
of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(th "Company"',does by the -pre eats niake,
constitute and appoint j -,-j'',j I T,
AS tru-aid lawful attorney(s')-irr-far°t, with fidl posies and authority hereby conferred.to execute,acknowledge and deliver for atid onits
behalf as Surety,bonds for:
Principal: CoTryGe-neral `71n-gineer-, F�g
C)b 1 i-,e.c: Citv of Ii•61andS
Amount: $uoo-,0ti'--00
and to bind the Company thereby as fully and to the same exte=nt as if such bonds were signed by the Senior Vice President,sealed with
the corporate seal of the Company and drily arrested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact,
inay do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in hill force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other
officers as the Board of Directors may authorize- The President,any Vice President,Secretary,any,Assistant.Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bond,--,, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be,printed by facsimile."
All authority hereby conferred shall expire and terminate,without notice.utiless used before midnight of juir-
3 but until such time shall be irrevocable and in bill force and effect,
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In Witness Wheretf,We-stern Surety Company has caused these presents to be signedbtuits Vice President,Paul T.Bruflat,and its
corporate affixed this 2,1 r 1-i day of J a n ii a "Y'
..........
W 14, P FL SURE C (0 1\4 P A Y
Vice President
ST
aQ)LU#-P -CTrA
F"n111:1-
cC
On this day of ----- in the year before me,,a notary public,personally appeared
Paul T Brullat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
N-!1,,STEPiNS'LTRE'TYCObIPA?-4Ymi,,Iack,i-ioxvled,-eds,Lidiiistruriieiittobetliev,rltuitar,,;,qctaiidclee ifsaid en at'oil
+
S. PETRIK
---------
= -0""k,,mamy Pusuc �1�otary Public-South Dakota
MWL SOUTH DAXOTA(RI,
X I
+
My Commission Expires August 11,2016
1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the,
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section'T of the bylaws of the Company as
set forth in the Power of Attorney is now in force
In testimony whereof,I have hereunto set rny hand and seal of Wtern Surety Cronpany this h day of
ary
SURE � '- 0 -\,TPAN -Y
W IS It, 1 R
Paul T.)Orrullat,Vice lore�4id era
Form F5306-8.2012
Acknowledgii-tent of Principal
Acknowledgi-tient of Surety (Attorney-in-Fact)
STATE OF CALIFORNIA
BE HO
O-U,N�11'y OF_ SAN
ss
U-bl C
On 36 L
3 before m
ate hexa
hll..me d Afti the officer
JOINTP-T T,L. CL AN, -y
rimnc(s).of signer(s)
who proved to me on the basis of satisfactory eviclene(- to be the person(s) whose name(s) subscribecl
to the within instrument and w-knowledged to me that he/she/they exocuted the same in 'his/1-wr/their
-1
authorized capacity(ies), and that by his/her/their signatures) on the instrument the persol (s), Or the
entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJI,j-RY under the laws of the State of California that the foregoing
paragraph is true and COITP-Ct, ---------------------------
0 ) I " TINA L.CHEZ
W TNE, n' It 11 official se al. COMM.#1870813
140T PUBLIC-CALIFORNIA
W^
Signature -------(,Seal) SAN BERNARDINO COUNTY
MY Corrun.Expires Nov.13,2013
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western surety company Form 1900-1-2008
LABOR AND MATERIAL BONI)
Milhereas, the ("A, ComwH of be City of-Redlands, State of California, and TRYC: ) Conerif rill",
(hereinafter Gognmod as "Principal") have entered into an 7gireement whereby III K cipal agrees to install
and conlpMe ce;-trrn designated public improvements, which said agreernent_datedJ,anuary 25th
2013, and identitied as CITRUS AVENUE WATER PIPELINE REPLACLMENT
PROJECT, PROJECT NO. 71237 is hereby referred to and trade a part hereof, artd
�Vhereas, under tlic terms of said agreement, Principal is required before entering, trpr,r� tic
of the work.. to Me a and sufficient payment bond with the C uy of ReTands w ncww IIIc coon to
1lhich refer%,rce is made in Thle 15 (commencing with Section 3081 (A Pan 4 of Di ni<.„ z ka the CA II
Code of the State c;t California.
NoNq therefore, said Principal and the undersigned as corporate surety are held firmly bound tmtt) the
City of Redln Ids ;md A contractors, subcontractors, laborers, ruwerial men and other ,niphled
in the performance of the aforesaid agreement and referred to in the aforesaid Code of('ivy i[ Proceetae in
tate sum of One hundred twenty one thousand tour hundred seventy eight doll ars a ,, 7c10 teats
($121,47$, O) Ar maunals furnished or labor thereon of any kind, or for amount_ titre ,ruder tilt:
Unemployment Laurance Mt with respect to such work or labor, that said surety will pav the sante in an
ariotmt 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 uu,Tney'_s fees, Wwwred by Be City of Redlands in successfully enforcing such <�=f iUstion, to
be awarded ail,, fi,.ed by The court, and to be taxed as costs and to be included in the therein
rendered_
It is hereby stipulated and agreed that this bond shall insure to the hcncfit A ar." olid all
persons, companies and corporations entitled to file claims under "fitle 15 (coil)ill ,,; ."ith Sociion
3082) of Part 4 of Div khm 3 pf the Civil Code, so as to give a right of action to them or ihuj as 'Mns Irl
any suit brou_ ,,ht r,pon this bund.
Should the conditioncondrtion of this bond be tulle performed, then this obligation sh�dl null acrd ''�oid,
otherwise ii shall be and rc;main in full force and effect.
The surety ire c>)� stip_dl ites itnd agrees that no change, extension of tune, alteration or adds - ,,n to the
turns of sard agmement or the specifications accompanying the Sallie shall in ally m.aimcr affc;,'-t Its
obligations on this bolt,.1, rind it does hereby waive notice of any, such change, eaten On of time. a!ter&on
or addition.
In witness whereof t r,:_ insnament has beat duly executed by Be Principal ,and sura Woo armed. on
January 25th 2013.
(SEAD (5i�:�i L}
Tryco General Engineering Western Surety Company
i i_ it�acturji. irety •
I3 Y
Address: % Box 5077
---Sioux FalIs. SD 57117
(Seal and Nomr, ',AnondAgment of'Surety) Telephone$00 )33j776053_____
CD
VVestern Surety Company
PON ER OF ATTORNEY-CERTIFIED COPY
Bond No13-1 14 3 G
Know Ail len By These Presents,that NVESTERN SURETY CON-1-1PANITY,a corporation duly organized and e)dsting under the laws
of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the`Conipany-,does by these presents make,
constitute and appoint NATHI 11-1 ALAN _A .E'_
its true mid la)A,,fiA attorney(si-in-fitet,with full power and authority hereby conferred,to execute,aclu-iowled ge and deliver for and on its
behalf as Surety,bonds for:
Principal: Try-co General En,-jineering
Oblil-ee: of RediandS
Amount: $5oo- ,noo.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with
the corporate seal of the Company and duly attested by its Secretary,hereby ratify=ing and confirming-all that the said attarney(s)-m-fact,
may do within the above stated limitations, Said appointment is made wider and by authority of the following'bylaw of Western Surety
C otup any which re in fuh force and effect.
"Section T All bonds,policies,midertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Compaiky by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other
officers as the Board,of Directors may authorize, The President.,any Vice President,Secretary,any Assistant,Secrer-ary,or the Treasurer
may
y appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the,
corporation. The signature'of any such officer and the corporate seal may be printed by facsimile,"
All authority hereby conferred shall expire acid terminate,without notice,unless used before midnight of —Jun22
-L3
but until such time shall be irrevocable and in hill force and effect,
In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its
corporate jet.j*-hg affixed this 4—t-n* day of januaLyy 2 Cl
COMPANY
Paul T, �i.Rat,�LcPr.,�ident
S%
Zr ss
-0
MMMM
M
On this -
---��4—th day of janua,— in the year —QJ before me,a notary public,personally appeared
Paul T, Br flat, who being to me duly sworn, acknowledged that he sigmd the abo-ve Power of Attorney ass the aforesaid officer of
WEESTERIN SL 'l' CONRANTY and aclmowledged said instrument to be the voluntary act and dee f said. at
+
S.PETRIK
S rotary PiNic-South Dakota
k;
+
My Con-irmssion EWim August 11` 2016
1 the undemigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do heraky certify that the
attarbeed Power of Attorney is in full force and,effect and is irrevocable,and furthermore,that Section 7 of the bylaws ofdie as
set forth in the Power of-Attorney is now in force.
In testimony whereof I have hereunto setn*,hand and setd of"We-tern'3urety CIo,mpany this -4+-h
day of
W E S�T�,�1 SURE C 0 M P A
J
--T
rd T.Pau . at, Pmssident
Fo-m F5306-8-2012
Acknowledgment of Principal
Acknowledgment of Surety (Attorney-in-Fact)
STATE OF CALIFORNIA
COU'Nlry OF SAN B-2
O o k before me.
dadate
here insert acne and titlfficer
personally appeared ,N )- `_`` D 'EV — —
name{s}of signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in histherltheir
authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of whieh the person(s) acted, executed the instrument.
I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and corn t, ------
TINA L. CHEZ
V`ITIti cS,,
y lta d d c Cial seal. COMM.#1870813
z ` NOTARY PUBLIC-CALIFORNIA X
,> BERNA,RDINO COUNTY
Signature (Seal} MYComm-Expires Nov.19.2013
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Wes#ern Surety Company Form 1900-1-2008