HomeMy WebLinkAboutContracts & Agreements_114-2022PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract ("Contract") is made and entered into this 21st day of June,
2022, by and between the City of Redlands, a municipal corporation, organized and existing under the
laws of the State of California (hereinafter "City"), and Tyco 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 will perform all of the work for
the following: Alley Paving Improvements Project, complete all items as required by the Contract
Documents (as herein defined) and Specifications for City's Alley Paving Improvements Project,
Project No 211005 (the "Work")
2 CONTRACT SUM. City shall pay Contractor the sum of one million two hundred thirty-eight
thousand dollars ($1.,238,000) 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 required to be withheld by City pursuant to an escrow agreement as set
forth in Public Contract Code section 22300
TIME FOR COMPLETION The Work shall be completed within One Hundred Twenty (120)
calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor
4 LIQUIDATE][ 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 Five Hundred dollars ($500) for each
consecutive calendar day in excess of the specified time for completion 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 failure of the Contractor to complete the
work within the allowed time Such sum is liquidated damages and shall not be construed as a
penalty, and may be 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, Performance
Bond, 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 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 RESOLUTION 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 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
LAca\Agreements\Tryco General Engineering Contract.PW 3 1.FY21-0136.doc.jn
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 17'77 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
LAca\Agreenientaryeo General Engineering Contraet,PW 3 1.FY21-0136.clocjn
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above
(SEAL)
ATTEST
ne Donaldson, City Clerk
CITY REDL ADS
By
Paul T Barich, Mayor
(SEAL)
rqCc G-&l.eye i nee4-177
J Names f Contractor
BY —C112024 :9,/-Ey
Signature f Authorize Agent
Title
Signature of Authorized Agent (if necessary)
Title
Contractor's License No
L \ca\Agreements\Tryco General Engmeenng Contract.PW 3 1 FY21 0136.doc,.n
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Descnption of Contract
City of Redlands
Municipal Utilities and Engmeermg Department
Alley Paving Improvements Project
Project No 211005
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 wnte compensation insurance m 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
t% 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 m 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 / (P day of OLAny , 2022
(SEAL)
(Contractor)
(Signature) C/
(Official Title) (/
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the
Owner poor to performing the work of the contract )
L \ca\Agreements\Tryco General Engineering Contract.PW 3 1 FY21 0136.doc.jn
FAITHFUL PERFORMANCE BOND
Bond No 54395
Prcm 111111 $ 15 880 00
Premium Based on Final Contract Amount
Whereas, the City of Redlands ("City"), State of California., and Tryco General Engineering
(hereinafter designated as "Prmcipar) have entered into an agreement dated June 21, 2022
("Agreement") whereby Principal agrees to install and complete certain public improvements (the
"Work"), which said Agreement is identified as Ailey Paving Improvements Project, Project No
211005 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 Compaqy , as Surety, are held and firmly bound unto the City in the penal
sum ot one million two hundred thirty eight thousand dollars ($1,238,000) 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 tune
and m 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 worlunanship, and shall
defend, indemnify and save hannless 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 an.d 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 (I.) 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 satisfiictory 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
A.greement, 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
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
I_ \ea\ A greemen0A'rryco General Engineering C_ ontrael.PW 3 1.FY21-0136.doe..in
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 tot 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 of 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 it 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 June 21 , 2022
(SEAL) (SEAL)
Tryco General Engineering Western National Mutual Insurance Company
(Contractor/) (Surety
/ (Signat re)-07f-fy— 13)t
(Signature) Pietro Micciche, Attoniey-m-Pica
(Seal and Notarial Acknowledgment of
Surety)
Address 4700 West 77th Street
Edina, MN 55435-4818
Telephone ( 855 ) 283-8106
L•':La\Agreements\Trvco General Engineering Contract PW 3 1 FY21 0136 doc in
0/41.100MA AtLI4-PUIRPOSk ACO011ifi,EDGiNfiENT
CIVIL CODE §.1189
A Aptitry-pOblia-or atterofficer. completing-lhiS.oertiketayerifiesanly the identity of -the indMduI wh0- signeci :the
:dOctierierrtlitiMihibh:this Certificate*tabbed,and:notithatruthfulne;se,- abouraoy, or validity ofthadocateent.
Stateof 'California
COunty of Los Angeles
ort jt-IN 2 1 2022
Date
persdhan9 alveaftd Pietro Micciche
before me, Angel Nunez, Notary Public
Here li.lsert Nein* end Title Of theOfficer
Name(s) of Signer(s)
who proved to me on the basis of satiatactay evidence to be the person whose name isPae
subscribed to the within instrument and acknowledged to me that heNikadtpey executed the same in
histimiCtWauthorited capacity(), and that byhisMOMIWksignature(a) on the instrument the person,
or the et' upon behalf of which the person(s) 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 in d official se
ANGEL NUNEZ
Notary Public California
. -Les Angeles County I g
Commission # 2321675
My Comm Expires mar 14. ,2024
Place *tory Seal Above
Sigriatu
Opnoiwu.
motigh thiasaction is Optional, cornpletingthia information can deter alteration of the dominant or
fraudolent reattachment of thiS forrn to an unintended document.
Description of -Attached Document
Title or Type Of Document : Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Signatu Notary POlic
Capacity(les) Clamed by Signer(s)
Signer's Name:
0 Corporate Officer — Title(s):
0 Partner — 0 Lim0 General
D Individual Attorney in Fact
El Trustee Ti Guardian or Conservator
0 Other
Signer Is Representing;
Signer's Warne:
0 Corporate Officer — Title(s):
0 Partner — 0 Limited 0.General
alndividual Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other
Signer Is Representing:
0414 National Notary Association www.NationaiNotaty,org 1 400-US NOTARY (1-$00-4:76-027) Item 0907
Bond No 54395
Premium Included in Performance Bond
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Tryco General
Engmeenng (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 June 21 2022, and identified as Alley
Paving Improvements Project, Project No 211005 is hereby referred to and made a part hereof, and
Whereas under the terns of the Agreement, Principal is required before commending the
performance of the Work, to file a good and sufficient Laboi 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 m the aforesaid Code of Civil
Procedure in the sum of one million two hundred thirty eight thousand dollars ($1,238,000) 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 heremabove 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, mcluding
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 m full force and effect
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terns of the Agreement o1 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 o1 addition
In witness whereof, this instrument has been duly executed by the Principal and surety
above named on June 21 , 2022
(SEAL)
(SEAL)
Tryco General Engineering Western National Mutual Insurance Company
(Contrac or) (Sure
(Sr_ ature) (Signature) Pietro Micciche Attorney -in -Fact
Address 4700 West 77th Street
Edina, MN 55435-4818
2
(Seal and Notarial Ac,k.nowledgement of Surety)
Telephone ( 855 )283-8106
L `.t.a\Agreements\ 1 ryco General Engineering Contract PW-3 1 FY21 0136.doc jn
damns* Agja-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
' • <7: •7.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
clobunient fib Which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of COiforni4
County of _Los Angeles
C)rf 'JUN 21 202,2
„
loefore me,
Date
personalty appeared Pietro Micciche
Angel Nunez, Notary Public
Here IMert.NOn6.itrld Title-e ithe Officer
Name() of Signer(s)
who proved to -me on the basis of satisfactoiy evidence to be the person% whose narne(,* is/
subscribed to the within instrument and acknowledged to me that heNiKetibey executed the same in
hie/toftbrikaiithorized CapacityNIO, and that by hitliiiNektter(signature% on the Instrument the person*
or the entity .illoon behalf of which the person) acted, executed the instrutnent.
ANGEL NUNEZ
Notary public Califor'nla
Lo Angeles County
Commission # 2321675
my Cbmili. Expires:Mar /4, 2024
Place Netary Seal Above
t certify under PENALTY OF PERJURY under the laws
Of the State of California that the foregothg paragraph
Is true and correct,
WITNESS m and official se'.
Sigh • /,14f.
&gnarl f Notary Publit
pprpNA4
rhOligh'thie,section la:optionat completing:this infortnation can deter alteration Of the document or
fraudulent reattachment of this 'Orin to an uriintended doCqinerit.
Description of AttaChed Document
Title or Type of Document : Document Date:
Ntir1i2er of Pages t' Signer(p) Other Than Named AbOve:
DapaOity(tes) Married by Sigrier(s)
Signeet, Name:
0 Corporate Officer 'fitle(g):
0 Partner 0 Umd 0 General El Partner — 0 Limited 0 General
Individual Attorney in Fact 0 Individuai laAttomey in Fact
O Trustee pGuardian or Conservator 0 Trustee 0,Gtrardian or Conservator
0 Othe- 0 Other
Signer is Representing:
Signer Is Representlhg:
Signer'S Name:
0Corporate Officer — Title(s):
'02014 a*natNotyAssciati�n www.NationalNotaty,org •1-800-US NOTARY (1-800-876-8827) item #5907
WizsYam NAnoNAL
INsimoior
714. mlarlonJdp cornymry
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 (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 (S7,500,000.00) 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
(it) 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
11
Jon R. Hebeisen, Secretary
Larry A. Byers, Sr Vice President
STATE OF MINNESOTA, COUNTY OF HENNEPIN
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
JENNIFER A. YOUNG
NOTARY PUBLIC
MINNESOTA
My Commission E4res-01 t3112026
CERTIFICATE
Jennifer A. Young Notary Public
My cornmission expires January 31, 2026
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.
Signed and sealed at the City of Edina, MN this day of 6\yam
it SEAL
enn7—iifer A. Young, Assistant Secretary