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Home My WebLink AboutContracts & Agreements_169-2024PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 17'b day of September, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Tryco General Engineering, a California corporation (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: 2024 Alley Paving Improvement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2024 Alley Paving Improvement Project, Project No. 211910 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of Four hundred Eighty -Three Thousand Nine Hundred Fifty -Five Dollars ($483,955) 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 forty-five (45) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Const action "Greenboolc" from and after the date of City's issuance of a Notice to Proceed to Contractor. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenboolc" 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 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 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. 1 k\crnMgreetnonts\Tryco General Enginoering Public Works Contract 2024 Alley Paving FY24.0021.doex•ms 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 inn 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 acid all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections t777.1 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, 2 I:\cmo\Agreements\Tryco General Engineering Public Works Contract 2024 Alley Paving PY24.0021,doex-ms IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: i / L '0� A Donaldson, CITY OF DLA S By: ddie Tejeda, Mayor (SEAL) Taco General Engineering Name of Contractor By: Sign tre of Authorized Ag t. Title Signature of Authorized Agent (if necessary) Title groo2'r-S Contractor's License No. 3 1:1cmolAgreementslTryco General Engineering Public Works Contract 2024 Alley Paving FY24-0021,tioex-ms WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities and Engineering Department 2024 Alley Paving Irnprovervent Project Project No. 211910 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 famishing 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 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). V 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 w day of -_, 2024. (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor w th the Owner prior to performing the work of the contract.) 4 E\emo\AgreemonlATryco Goneral Engineering Public Works Contract 2024 Alloy Paving PY24-0021.docx-ms Bpnd_Np GS29700188 P,remiurw $8 7111;00 Premium Based on Fi.al ContraOAnioUnt FAITHFUL PERFORMANCE f BOND Whereas,, the City of Redlands ("City"), State of California, and Tryco General EngineeIng (hereinafter desigpated as "Principal") have entered into an agreement dated September 1701 2024 ("Agreerent') Whereby Principal agrees to install and complete certain,public itilpf6vements (the "*prk" ), which said Agreements identified as 2024,Alley Pav pig hnprovement,Project, Projeet No, 211910 and is hereby refe>red to and made a part hereof; and Whereas,, said Principal is required under the terms of the Agreement to furnish a bond for the: faithflit porformance of 'the Work, now, therefore, We the 'Principal, and, The Cray Casualty &'Surety Company as Surety, are held and fl lyboun4l unto the ;irity in the pona1- sum of Four' Hundred. Eighty -Three Thousand Nine.H.undred Fifty -Five ;Dollars (48;3,9�5) lawful money, of the United States, fair the payment of which sum we bind ourselves, and otlr heirs, successors, executors and administrators, jointly and severallya'fir-:, Uy thesepres iits, The condition of this obligation is such that -if tlae above bounded PtynGipal, his or its heirs, excctitors, administrators, successors orass gng, shall in all things Aand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thete6fmade as therein provided, on his or its part, to be kept and perfoYmed at the time and in the manner f4creini, specified, and in all respects according to their true intent and meiii'ng,.an,4 shatf faithfrtlly ftilfill the one-year- guarantee of all Imaterials and workmanship, 'arid sha11-defend, indemnify aerd,save harmless the City and its erected officials, officers; agants.and employees, as 'therein stipulated,ithen this obligation Aallbecome,null and void, otherwise it shall be and remain in fu]1 rdtce and effect. Asapirrtoftlieohligationsecured,erebyandinadditot totfiefaceamount.specifradt}lereFor, there shall b- mchlded,costs and reasonable expenses and fees; including reasonable altolneys' fees, incurred by the City in successfully enforcing such obligations; all to be taxed as Costs and included ih the judgment rendered As n icondition:prq"4onf to the satisfactory completion of the W6ik, tha dbove obligation _shnll;hold good for a period of one (1) yearor-longerif required by the Agreement, a£terthe ace ptanco oftlie work by the City, during, which time if the Principal shall. fail to make full, complete; and satisfactory trcpitir and rcpladonients and totally prof cot tho City from loss or daniut o madd evident during thin period from the date of Completion of the V1ork and`resulting from or eatisetl by defective, materials or famIty- orknianship the abw eobligation in penal sum thereof shall remain in fi ltforc,@ euttl effect, The ubligalipuq of :Sm-vty hereuudut shall cuntittue su ]unb aA any ybligatluri of the Principal remains. iVhCrsever the Principal shall be, and is declared' by the City to be, in default Under tho. 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 Wbrk iiT accordance With its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accoedanCe with its teems acid conditions, and upon deterxttinatiog 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 sufficicfit funds to pay the, cost of completion of the Work less the' balance of the ,Agreement price, 5- l.kinb\eLancmcnls Tryco General -.Engineering Public Woi6s Conuaci 20: +Alky Paving FY24 UU21 docxFius ages far which Surety tray be liable hereu telex, the -. ' ' - - -a - _ -_r -, a -- _-,... , r—o ser- . -:1. nleau the total mount -payable to the Principal by —the City under thewAgresmegt and arty tnodifieations 'thereto,,less the amount previously properly paid by;the City to the Principal. Surety expressly agrees that the City may reject. any contractorsir subcottiractor which may lie proposed`by Surety in fulfillment of its obligatfous in, the euent ofdefattlt by tlte<Prineipal:, Surety shall tiot utilize the•Principat in completing the Worknor shall Surety a-6ept:abid fiom the Prihoipat for completion of the Work if the City, when declaring the .Principal it default, notifies Surety offhe City's objection to khe Pcinc'ipal's furtberparticipation in`tl a cornpletiou,ofthe Work, No right of -action shall accrue on the�bond to or for the use of any person•or corporAtion other than the.City nar9ted herein or thc,succcMors or assigns of the'6ty. Any,suitI under tliis b-o nd must. ns'tituted within the a pplicable.statute of limitations patiod.' The said ,Surety; for value received; bareby stipulates and agrees that no change, extension o'f time, alteration or addition fo, the terns of the Agreement or to the work to be perfartned thereunder or"the 5pec7fCeat16ns accompanying the same shall in any way affect its obligations on this pond, And iYdoes 11"ereby waive notice of any such ehapge, extension,oftimot alteratjon or addition to the terms ofthe Agriseineiit pr'to"tho worts or to the specifications. No final settlement, between the City and the Principal shall abridge the right of any beneficiary hart nider whoso claim may be unsatisfied, The Principal and Surety agrcc'tbat if the City is required to en -,age. the serv(ces' cif any at'tgotey in connection with the enforcement of this bond, each shall pay the OW's reasonable < attorneys' fees incurred, with orwithout suit, in addition to the: above suin;, In witness wlteLeof, this insh'urnent has.beeu duly axeetitcd by the'Principal:;autt Suroty abo�%e naTned, on gepternber 13th , 2024, (S> Aty (gFAL) Trye,D'4enerol Engineering The Gray C sualty, & Surety Oompan, ` 4? i ,tor (surer j /p� k ikalf rue)U Ngnwe-ne'vcrn-pot Address: P.O Box,62W, Metairie 1A7000� (Setif. and 1VotOW Admowledgtnent of Telephone ( 877 1657-6006 3nret3i 6 ; IAcfnuVi�[ccmcnisl�ryco GnriaYa'l.$ngutccrin�YuNli works C'neiia9l«02A=tSIlcy Pa3mg FY"24 O(1Zl.dacktns CALIFORNIArACKNOWLEDGMENT CIVIL CODE § 1189 At—:s.a.wG::\;.a�E!:: ,G�c.s\ .6\<,s...s c.:..�.•.;,,,:�¢.. r.:..s�t�T :r, .•s+a z;-se!�crsa.,�a„Tt,a�..:\e :\e i¢.s�;.:(..aa.r:f� ¢!�e.�t.. ..n,•.a:.:\e.:�c 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 SEP 13 2 before me, ©ate personally appeared Pietro Micciche Angel 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 isl6 subscribed to the within instrument and acknowledged to me that hefxiWb( executed the same in his/)jjRk authorized capacity(N%), and that by his/,XW, XVsignature(0 on the instrument the person(g), or the entity upon behalf of which the personN) acted, executed the instrument. 5.... ANGEL NUNEZ ' " = Notary Pubkic • Ca[ifornia Los Angeles County Comm#scion # 2482770 My Comm. Expires Mar 14. 2028 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corrects) WITNESS mvAand aifid official Si Signature dt lVotary Public Place Notary Seat 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: Signers) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): :_;'Partner — F Lirni d E. General Individual VAttomey in Fact 1_3 Trustee L] Guardian or Conservator Other: Signer Is Representing: Signer's Name: 17— Corporate Officer — Title(s): Partner — Li Limited LJ General Individual D Attorney in Fact u Trustee i_ Guardian or Conservator ...i Other: Signer Is Representing: :\✓'✓y�Sfi,.'• _S,i-J 'di `��Y4. �/.'.Y4�5�4\�! H:�Ji�Y'•J'+.%6\b:'RI'.P.1/hAl�.�•✓i-M�:Ji.��S.Y�G\':4'y�+:. 4�'.:`.J<'•G\�-U� 4^�. ', "�•L '�4�;6'U4� 02014 National Notary Association - www.NationaiNotary.org - 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Bored No. GS2$700168 Prer slum IndlUdE id In PeKormanm Bond - LABOR AND MATERIAL BOND Whereas, the Cit}' Council of the City ofRedlands, State of Cdlifomia, arul`rryco Creneral 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, datcd Septeinber 0", 2024, and identified as 2024 Alley Paving Improvement Project, Projec , 2'1J110 is herehv referred to and made a nart hereof and, aborers, material men and other persons employ( aforesaid Code of Civil Procedure in the sum of Hats ($483,955) for materials furnished or labor nentinsurance At with respect to such work or l ;dmgthe amount hereinabove set forth, and also; the face amount thereof, costs and reasonabli puTed by the City in successfully enforcing s e taxed as costs and to be included in the judgni id remain in ball force and effect, oby stipulatesandagrees that no change, extension of t osthe specifications accompanying the same shallie es hereby waive notice of any such change, extension CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer competing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LoesAngeles On . before me, — Date personally appeared Pietro Micciche Angel Nunez, Notary Public Here insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono) whose namew is/m subscribed to the within instrument and acknowledged to me that he)�tWfty executed the same in hisftr k authorized capacityW), and that by his/)gWM3KtKsignature(* on the instrument the person(, or the entity upon behalf of which the person($) acted, executed the instrument. *my ANG€L NUNEZ Notary Public • CaliforniaLos Angeles CountyCommission # 2482770 Comm. Expires Mar 14. 2428 r I certify under PENALTY OF PERJURY under the laws of the State of California that the for egog paragraph is true and correct— WITNESS P<v hand/and official Signature of Notary Public 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: 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 — El. Limi E. General Individual -.1 Attorney in Fact r] Trustee C Guardian or Conservator ,7 nthar- Signer Is Representing: Signer's Name: Corporate Officer -- Title(s): Li Partner — Cl Limited General ClIndividual ;I Attorney in Fact Trustee LJ Guardian or Conservator ❑ Other: Signer Is Representing: S�✓ '.Nr' •✓CiL! ' �G' :�0... .Yr..J:'Ni'r16 lfr�yii• V`31 l. -, _ J .'.L:-1 _ Cam, ` : - - - .. �_, - Preferred Beading Services 08/19/2024 12:44 1204632031683 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: C,2SZ-1''On I66 Principal: Ir�CO GeYteral �rG�ineer�rlq Project: 2o2y Alley 'Porv'rr,g IMprovpme-ri+ vrc;lee-+ Qro')eCk Mo.21191b KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Patricia Zenizo, Elisobete Salazar, Angel Nunez, and Pietro Micciche of Los Angeles, California ,jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature ofat bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 201' day of .tune, 2003. "RESOLVED, that the President, Executive Vice ]'resident. any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signature m facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized yriizofficers this 4a' day of November, 2022. ��%M v JPVSY •�•. 4,P �6 a P•d� c�, 9 { SEAL 3 By: Michael'['. Gray Cullen S. Pislce p�SEAL� President President r^•... The Gray Insurance Company The Gray Casualty &Surety Company W'`.,,.,.•,,,.•� x State of Louisiana. ss: Parish of Jet%rson On this 4°i day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray losurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of [heir companies. ' A, Leigh Anne limioan Notary Public 0Notary 10 No.92653 Leigh Anne Henican CJdeatts Parish, Louisiana Notary Public, Parish of Oilcans State of Louisiana My Commission is for Life 1, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and atiiixxedd thess}ealsLittthe Company this jOjP' dayof September, 202y 1, Leigh Anne Henican, Secretary of The Gray Casualty & Surely Company , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set illy hand and affixed the seals ofthe Company this 1311hday ofSep+ervrber , 2.02cj �} • � � Cam"--. @(9 �•:Nq, �4iL b�1;